Apple released the Apple iPhone 4 smart phone on June 24, 2010. Within hours of its release, thousands of complaints of defective LCD screens starting coming in. Within days, thousands of complaints started rolling in over the defective antenna and the phone dropping calls. Complaints from thousands and thousands rolled in. What should Apple do and what did Apple do?           

“Like, there I was, like, trying to social network with my peeps, and like, in a microwave minute, like, she fell off the bandwidth. Now I have to kielback – like ROFLOL…”           

An Apple Store employee touts the benefits of the Apple iPhone 4, despite its defective LCD and antenna.

OPINION – Ethics:           

Within a few days, on July 2, 2010, Apple released a letter to the press. The letter begins with alleged praise from reviewers across the globe for the supposed quality and value of the Apple iPhone 4 smart phone. Without providing any information on who supposedly stated that the Apple iPhone 4 smart phone is the “best smart phone ever”, their letter starts off with needless filler and self-grandiose praise.           

The letter then states “gripping…any mobile phone…will reduce its reception”. It is a phone and its singular purpose is to be used when you are on the go. As such, this paragraph is complete nonsense. If this were true, every cell phone on the market would have been suffering massive dropped calls over the last 20 years. I have not had a dropped call in over a decade. Even back then, it was because I drove out of a cell tower’s coverage area. The phone itself was not to blame. The paragraph then compares the Apple iPhone 4 smart phone to other competitor models and makes unsubstantiated claims that they too suffer from the same design flaw that is plaguing the Apple iPhone 4 smart phone. This is wholly untrue, as I have owned or had extended use of several of the aforementioned competitors and none of them exhibits this failure.           

 The next two paragraphs are yet more self-grandiose praise stating “…They [Apple iPhone 4 customers] are delighted. This matches our own experience and testing…”. More needless filter and sound-bite-wannabes. Apple iPhone 4 smart phone users are not delighted. They are dismayed by this obvious failure on the part of Apple to even test is product (how else would you miss such glaring hardware failures).    

 The next paragraph goes on to say “Upon investigation, we were stunned to find that the formula we use to calculate how many bars of signal strength to display is totally wrong.” They blame a design defect on an easier and $ cheaper to repair $ programming failure. Bad ethics here. Repair the true failure – repair the antenna defect and you would win more customers.           

 Apple instead chose to defraud their customers and send a patch downstream. “We are also making bars 1, 2 and 3 a bit taller so they will be easier to see…” This is garbage. Modifying the Graphical User Interface [GUI] to cover up the fact that the defective antenna is too weak to pick up a proper signal is reckless, amoral, and unacceptable. It deceives the customer into believing he is getting something he is not. It smacks of Snake Oil Sales of the 19^th century. It is a bait and switch with pretty colors. It proves that any and all ethics have died at Apple.           

This whole discussion on the signal strength does not even cover the other major malfunction with the Apple iPhone 4 smart phone. That is the defective LCD screens. A large number of customers have been complaining of the defective screens, saying that they red-shift (indicating early LCD failure) or that there is massive yellow discoloration in the LCD (also indicating a LCD failure). In either case, the LCD of the phone is going to be D O A within a few days to a month or so. This will then require the purchase of a new phone. This in and of itself is theft on a colossal scale. The ethics in this instance are clear.           

 OPINION – Legal:           

While the antenna defect is somewhat more subjective in the legal realm, the defective LCD screens and the number of them occurring across the globe is not. Knowingly selling this many Apple iPhone 4 smart phones with defective LCD screens will result in a massive class-action lawsuit. This will also greatly injure Apple’s reputation as a quality product provider. This smacks of Toyota and its downfall. Even complete ignorance of the defects in this design may not end up being a defense for Apple.           

 OPINION – Societal:           

Not only is any Apple product now seen as a prestigious toy (they are the new hand-held Porsche), but the omnipresent nature of the products and their functionality mean that many people are going to take this hardware and design failure badly. Apple stock will drop, though it is unlikely to plummet. Apple itself will have to do a lot to recover from this. Is this the next Toyota-crash or will Apple remain the “Xerox” of handheld devices – omnipresent and universally accepted as the best? 

UPDATE [2010-07-10] – Even More Defects: 

After all the defects that the Apple iPhone 4 smart phone has already displayed, now there is another   B I G   D E F E C T  that has surfaced – bad internet connectivity. The Apple iPhone 4 smart phone has now proved to have a defective data transmission system within the unit. This has resulted in turtle-slow data rates from any Apple iPhone 4 smart phone. Jobs needs to get on the ball and fix this (once he admits its a real problem).

Lets see: 

• No video – CHECK!
• No signal strength – CHECK!
• No data throughput – CHECK!
• No quality – CHECK!

I was recently informed of a case where a 57-year-old woman was physically assaulted in her work place by a far younger woman. When she went to her superior to complain of the physical assault, her superior fired both she and the woman who assaulted her. The victim of the crime did nothing to incite the violence against her. Is this age discrimination? Is this sexual discrimination? Is this legal? Can this even be considered ethically acceptable?  

 “I was standing there and [attacker’s name edited out] grabbed me from behind and started to crush me in a bear hug. I could hardly breathe! My bones groaned under the pressure. I almost passed out!”  

57-year-old woman beaten at work by younger female coworker

OPINION – Ethics:  

The ethics, or lack thereof, of the manager’s decision to fire both people involved in this event, including the victim herself, is reprehensible. The manager not only showed a complete lack of compassion for the victim of a prosecutable crime, but he showed a complete lack of leadership skills. Leaving your workers to their own devices to the point where one of them thinks it is acceptable to physically assault the other is a complete failure on the manager’s part.  

The manager should have seen the attacker’s forthcoming assault a mile off. These things do not just happen. They build up over time. The subject in question was already noted for an anger management problem, having thrown her chair across several cubicles. She routinely cursed at the top of her lungs and abused her coworkers. The manager in this case  should have fired the attacking woman multiple times before this event occurred. He would have done so with cause and would have been judgment proof for doing so. He also would have taken the ethical high ground for protecting his workers from others. Instead, the manager failed in every way by compounding the injury to the victim of the crime by terminating her as well as the attacker.  

OPINION – Legal:  

The manager in this case opened himself and his company up to a TRULY MASSIVE law suit. Both he personally and his company could have been $ sued for tens of millions of dollars $, and they would have received a judgment against them (and no number of appeals would have set this judgment aside). Not only did they fail to protect their worker from a physical assault from another worker who was noted for her anger, but then they also fired this victim after the fact.  

OPINION – Age Discrimination?:  

Was this also a case of Age Discrimination? The fact that the elderly woman (if one considers a vibrant and lively 57-year-old woman elderly) was terminated when she was the victim says a lot. First, as the victim, she should have been above reproach. Second, as someone over the age of 40, she was likewise in a protected class of people. As with minority groups, those over the age of 40 receive a fair amount of protection under the federal law (and under many state laws). The company firing her in this situation only increases the potential value of a lawsuit exponentially. If this woman would sue, $ she would receive a far larger judgment against the company due to her age $.  

I was recently informed of a case where a company was nearly closed down for hiring illegal immigrants (undocumented workers) [630 workers to less than 30 workers]. Is the practice of hiring illegal immigrants (undocumented workers) acceptable? Do these laws currently suit the country as it now stands? How does this trend towards hiring these illegal immigrants (undocumented workers) affect the workplace?

“I came across the border almost 20 years ago. I have done the jobs you did not want. I have walked your dog. I have mowed your lawn. I have cleaned up after your parties. I have parked your cars. Why do I need to go through the hassle of filling out all that paperwork?”

OPINION:

Being the grand-child of immigrants, the situation is quiet clear. The law says you must register, go through an arduous process, wait for a long time, learn the Constitution and our ways, and then be tested and swear an oath. The process is purposefully drawn out.

 The reason for this is simple – if the applicant only paid a fee to become an American citizen, they would not care about it as much. You must EARN the right to be an American. It is not given to someone lightly. It is both an honor and a privilege to be an American. Ancient Rome had the right idea – make a person pay a heavy toll to gain something, and that something becomes incredibly valuable (in ancient Rome, the subject seeking to be a Roman Citizen had to serve in the military for no less than 20 years to gain Citizenship).

 Hiring illegal immigrants (undocumented workers) flies in the face of the adversity most of our grandparents and great-grandparents faced to become Americans. Excluding the Native Americans that already lived here (and who were BADLY mistreated by said immigrants), the vast majority of Americans are the descendants of boat people – people who traveled thousands of miles by boat, train, and ox-driven wagon to settle in this new land. By hiring illegal immigrants (undocumented workers) who do not care about the Constitution, who do not care about becoming Americans, you slap the face of your forbearers. Your forbearers risked so much and suffered so much to come here the right way. These people take the quick and easy way, and this proves their lack of devotion to the country we all hold so dear.

 Lastly, and perhaps obviously, it is

illegal

to hire these people.

A nearly constant complaint I hear from workers, both young and old, is: 

 “ I have this great idea and my bosses just won’t listen. ” 

or 

“ I came up with this new process and my boss stole it and claimed it as his own. ” 

OPINION: 

They say that THEFT is the sincerest form of flattery. They are wrong. Right now is a very bad time in the corporate environment. Many corporate entities are pushing the current acceptable limits of worker abuse. They are paying next to nothing. They are not giving raises. They are cutting salaries (justifying it by saying they cannot keep the plant open if they don’t). They are forcing mandatory overtime with no prior notice (or worse yet, cutting hours back). They are not providing even the basic comforts of life including soap, paper towels, and sometimes, they do not even provide toilet paper! The theft of an idea weighs, for most, as next to nothing in the face of such adversity. 

However, if you are the one with the idea, the THEFT of the idea, or if it is ignored, can be a grievous blow. Your idea may be grand and the best thing since sliced bread. It may not even be feasible. In any case, it is your idea and you want it heard! You want to know why management cannot listen to your idea. You want to know why they do not take it up as their new grand cause and champion it to the masses (i.e. champion it to their upper management). Such a thing right now may not be possible. Such a thing may not be feasible. Such a thing may be ill-advised, either now or always. The idea may have legs once the economy actually starts to rebound (it is still D O A), or it may be a dead horse from the gate. 

The best indicator of a good idea is how hard your manager tries to steal it. The greater his or her effort to take it from you and present it as his or her own, the better it is. I know of a person who designed a new type of pressure release value. This type of valve was revolutionary in its design and simplicity (read: reliability). Management hacked into his computer and took the entire design partition and put it on their computer and relabeled everything with their name. They are now getting a nice royalty for each one sold. This may be an extreme case and example, but the proof of concept is sound. 

A good idea is coveted. A great idea is worth killing over (in a corporate backstabbing sort of way – we do not condone physical violence). 

I was recently informed of a case where a director of a company was hosting a gambling pool and fixing odds on sporting events (football, basketball, soccer, boxing, hockey, etc.):

“ We throw dice at lunch, or you can place your bets on [insert any sport], or you could join the pool and the winner takes all (minus my commission)… ”

OPINION:

Depending upon your corporate rules and state laws, in most states and in most companies, gambling in the workplace is grounds for instant termination. It is also illegal in most States. Companies frown on gambling for more reasons than just the illegality of the act. Gambling breeds ill will and injured feelings, and there are always losers (and there will ALWAYS be losers). It also causes additional stress in the workplace and can lead to violence. Gambling is corrosive and destroys the comradely that is felt by most coworkers. Gambling is also an addictive act that leads to desperation and can lead an employee to steal from the company in order to finance his bets.

 Those who suffer from gambling compulsions can find help from Gamblers Anonymous and similar organizations.

OPINION:     

Blame is being thrown around and no one is doing anything. President Barack Hussein Obama II (Born: August 4, 1961 / 44th President of the United States) is strong-arming BP  for 20 billion dollars and threatening to figure out “whose ass to kick“. Yet he does nothing of substance. He sits by while lives are destroyed, money is wasted in lost oil, life in the Gulf is obliterated, and 13 countries stand by idly with refused aid in hand. Oil containment booms remain unpurchased. Chemical treatment is out of the question (why? – the animals are already being obliterated and their ecosystem is dead). President B. Hussein Obama II says he can’t “suck it up with a straw”. How about he does something other than try to place the blame and use this disaster to his political advantage. The situation is hard, but this political maneuvering is absolutely ridiculous. The time has come to put your political aspirations aside and do what you said – and here is whose ass your to kick:      

1. Start with your own for not moving faster.
2. Then move on to any political cronies who are making political hay off of this disaster.
3. Then move onto the greedy profiteers who are trying to charge 3000% for oil containment booms.

The National Oceanic and Atmospheric Administration (NOAA) offers a wealth of information for tracking this disaster in   s l o w   m o t i o n  . How much did that cost and why did they not spend that time and money on getting the “leak” (geyser) capped? Where are they in all of this?      

BP’s (British Petroleum [NYSE: BP]) stock has gone from a 52-week high closing price of 62.32 (January 19, 2010) to a 52-week low of 29.20 (June 1, 2010). This disaster will most likely bankrupt them, leaving naught for the victims of this catastrophe. Even with the strong-arm tactics by our Ass Kicker in Chief, the promised 20 billion simply will not be there. No company means no money means no succor for the destroyed. The saddest part of this is that there is no definitive proof they did anything wrong.      

British Petroleum (BP) Stock Chart from NYSE

UPDATE [2010-06-22]:    

US District Court Judge Martin Feldman has shot down President B. Hussein Obama II’s overreaching and self-important moratorium on offshore drilling. Let the profits resume    

A picture of the oil cap leaking 2.5 million gallons of oil a day.

 UPDATE [2010-07-10] – 2.5 million gallons a day:  

2.5 million gallons of oil leaking into the gulf each day. The cap is once again going to be removed “to replace it with a better cap”. The skimmers are doing their job, or are they, and more and more oil dumps into the waters. BP has blown over 3 BILLION DOLLARS on cleanup and payouts, and to what advantage? The problem is only getting worse   

 UPDATE [2010-07-18] – Capped:  

The wellhead is finally capped. Pressure tests have confirmed that there are no leaks. This does not indicate that this calamity is done and finished however. There is still hundreds of millions of gallons of oil floating around the gulf. The wildlife is still choking on oil and dying by the millions. People still have no suitable way to earn a living. And we still do not have proof that BP did anything wrong (even if they have “stepped up” and taken “ownership” of this calamity). 

My question is this -

Why is BP so afraid to remove the cap to measure the flow rate?

This will allow the government to determine the actual amount of oil that made it into the gulf. With this, they can then determine the actual impact it will have to the region. Perhaps BP’s “humanitarian” efforts where simply so they could cover up the 2.5 to 5 million gallons a day that was leaking into the gulf. The fine for this would be well over  22 BILLION dollars (or even closer to 30 BILLION dollars). If this is the only reason for their aid, then that in and of itself will crush the company.

I was recently informed of a case where a disabled worker was told by his/her management:

“You will not advance in this company as long as you’re a cripple… [summary of quote]”

The subject in question made management aware of their disability when they were hired into the company. Management has known of this fact, but continues to place the subject in dangerous and damaging situations based upon the subject’s disability. The more that the subject requests simple and easy (read: free and readily available) accommodations as they relate to the subject’s disability, the more management rebukes them as lazy and threatens their continued employment with the company. They have even gone so far as to say that the Americans with Disabilities Act can’t make them do anything. Management simply mocks their disability, going so far as to call them a gimp and to scream and curse at them when they can’t lift the items in question or keep up an insane physical pace (the subject’s job is one where they should be sitting down to perform very fine and detailed work of a technical nature).

 The work environment is agonizingly hot (average temperatures exceed 80 degrees on a winter day and 100+ the rest of the year). The subject is exposed to carcinogenic chemicals, broken glass, razor-sharp metal, electrical shocks of heart-stopping power, and other environmental hazards. The company always keeps management in 65 degree air-conditioned offices, but the workers swelter in the heat. With the disability and the abuse therein, how and why would anyone stay?

OPINION – Moral:

Abusing a worker in this manner is morally reprehensible. How can one person treat another, who has a known disability, in this fashion? The subject in question is not asking for a lot. All they have requested is a chair to sit in (already available) and that someone else be required to do the heavy lifting, which is most of the time in excess of 50 pounds, and often in excess of 125 pounds. The subject’s disability prohibits such lifting. Despite this, they make a good-faith effort and do so to great misery on their part.

OPINION – Legal:

Treating a disabled worker in this fashion is ILLEGAL. The company is opening itself up to MASSIVE legal repercussions. In all honesty, it is a miracle that the subject in question has not sued the company. Such a lawsuit would result in a multi-million dollar judgment against the company.