Lifeguard saves life; Corporation he works for fires him
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Date: July 4th, 2012 1:51 PM Author: Soul-stirring rose codepig
Lifeguards in Hallandale Beach work for Orlando-based company Jeff Ellis and Associates, which has been providing lifeguard services for the city's beaches and pools since 2003.
Company officials on Tuesday said Lopez broke a rule that could've put beachgoers in his designated area in jeopardy. The firm could ultimately have been sued, officials said.
"We have liability issues and can't go out of the protected area," said supervisor Susan Ellis. "What he did was his own decision. He knew the company rules and did what he thought he needed to do."
Lopez said he was sitting at his post at about 1:45 p.m. Monday when someone rushed to his stand asking for help. Lopez said he noticed a man struggling in the water south of his post. The man was previously swimming in an "unprotected" stretch of the beach, city officials confirmed Tuesday.
"It was a long run, but someone needed my help. I wasn't going to say no," he said.
Company officials said the rescue took place about 1,500 feet south of the company's protective boundaries. The unprotected area has signs alerting beachgoers to swim at their own risk.
http://www.sun-sentinel.com/news/broward/hallandale/fl-hallandale-beach-lifeguards-20120703,0,5326638.story
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21014502) |
Date: July 4th, 2012 1:54 PM Author: razzmatazz kink-friendly tanning salon
To be fair,
They made the right decision from a legal perspective; whether it was a good decision from a business perspective depends entirely on how much bad publicity they end up getting. So jury's still out on whether this was a good decision or not at the end of the day.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21014533) |
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Date: July 5th, 2012 1:13 AM Author: razzmatazz kink-friendly tanning salon
To be fair,
If he's saving people while on the job and otherwise acting in the reasonable course of performing his expected duties as a lifeguard working for this company, but the people that he's saving are outside of the clearly demarcated geographic jurisdiction that the company has assigned him to cover, then the company's insurance policy almost certainly wouldn't cover it if he fucked up the rescue and the guy got injured/died and his family sued the company for big money. Or were you under the impression that companies like this just demarcate what areas are "safe" to swim in (i.e., have been vetted and are covered by their insurance policy) because corporate suits are assholes who get personal satisfaction out of stopping people from swimming wherever they want?
So if they keep him on after he did this, not only do they open themselves up to future litigation if he does it again, but they've established (as a matter of implicit company policy) that it's "OK" to do this - which means that future employees will likely feel free to take similar actions without thinking twice, and if another employee pulls something like this and the company gets sued for that, they will have an even harder time arguing that he wasn't acting within the reasonable course of employment. Of course neither the company nor this lifeguard had any legal duty to save this guy because he was outside of the bounds of the "safe" swimming zone, which means that as long as the employee does nothing, nobody can be successfully sued. And not only that, but if shit goes down in his jurisdiction while he's outside running around pretending to be a superhero to idiots swimming in the middle of the ocean, the company is liable for that too because he was negligent for leaving his designated area. Welcome to America's tort system.
This has to be balanced against the probable level of public outcry if they fire the hero. Obviously they were banking, rightly or wrongly, on this not blowing up on them such that they take a huge business hit because people are morally outraged. Maybe that will happen and maybe it won't, but either way it's a tough calculation with no clear answer and they certainly weren't stupid or "evil" to do what they did given the legal backdrop.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21019031) |
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Date: July 5th, 2012 12:29 AM Author: Emerald Gaming Laptop
Date: July 4th, 2012 2:01 PM
Author: To be fair (Semi-Retired)
To be fair,
Who gives a shit? Unless there's a massive lifeguard boycott against the company and/or this story blows up on the national radar and assfucks it, they'll look back in a month (when this has all died down) and pat themselves on the back for making the smart business decision.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21018691) |
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Date: July 4th, 2012 4:02 PM Author: deranged parlour
Company makes a clear monetary cost-benefit analysis and deems they are better off, from this perspective, by firing someone. You deem this to be immoral.
What exactly is the absurdity? I just ask that you be consistent. If the firing someone on the grounds of financial considerations is immoral, say so.
"You are supporting the idea that it's better to just watch someone drown because of some minuscule chance of liability (we're talking actual expected values on the order of pennies at best here). Is that what you want?"
I never said nor implied that. I have not made a value-call on either the lifeguard or companies' actions. You have. Now defend it.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015428) |
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Date: July 5th, 2012 1:25 AM Author: razzmatazz kink-friendly tanning salon
To be fair,
Pretty hard to argue, from a legal perspective, that just because he swam a few feet outside of the designated area, he therefore wasn't still acting in the reasonable course of his duties when he was perforing the same job outside that he was hired to perform within the zone. At the very least, on those grounds alone the insurance company - which you better believe exists, and which only agreed to cover rescues performed in the designated area (which is why it's called a "safe" area to begin with - because it's been vetted for hidden dangers, etc.) - isn't forking over jack shit if the lifeguard company gets sued for shit the occurs outside of the zone, or because of legal negligence which took him away from his post over the zone (and the insurance company's refusal to pay up could in and of itself put the lifeguard company out of business.)
All of the MAF bleeding hearts ITT who want to skewer the company for this are idiots. The lifeguard did the right thing, but there's a strong argument to be made that so did the company. NEWSFLASH: Sometimes "doing the right thing" is hard and carries bad consequences, which is why a lot of people don't do it all the time. Guy's a local hero now, I'm sure he can find solid employment elsewhere (which I'm sure the company took into account as well.)
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21019133) |
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Date: July 4th, 2012 4:15 PM Author: aphrodisiac ebony nibblets sex offender
We can back up a bit to show how ridiculous you are.
I said: "They made a horrible decision from a moral and ethical perspective, asshole. But I guess only legal and business decisions matter to you."
You said: "Better to risk the capital of debtors and owners due to legal liability? By your definition, it is immoral to fire anyone for financial considerations."
First of all, you're jumping straight from the idea that this particular case is completely immoral to the idea that firing anyone is immoral, which is completely ridiculous. I didn't say anything of that nature at all.
And yes, in this case it is better to risk an expected value of a few pennies (if that) in order to avoid being horrible people.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015515) |
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Date: July 4th, 2012 4:42 PM Author: aphrodisiac ebony nibblets sex offender
Here's what you're saying:
Lifeguard sees someone drowning outside his contracted area. He has a choice now--save that person and get fired, or sit at his post and keep his job.
You're saying that it would be immoral for the company to not fire him, even.
You don't seem to understand that this creates an incentive for lifeguards to sit and not bother saving someone. I'm saying that the company's decision to fire someone for doing this is immoral because it's creating this incentive.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015662) |
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Date: July 4th, 2012 4:48 PM Author: deranged parlour
I'll accept your subjective definition of morality for a second and tell you what you should have originally posted:
"This firing demonstrates how our legal system breeds immorality (or at least the stopping of morally correct actions). It creates an incentive for the company and lifeguard employees to avoid doing the right thing and saving someone even if they are a few feet outside of the lifeguard's zone"
Do you understand the stark contrast? If you want to blame the company for now putting incentives in place to stop lifeguards from doing what you think is the right thing, than you have to take another step back and look at why the company is doing that in the first place. In this case the real incentive starts on the legal front and filters to the company which then filters to the lifeguards.
So, again the following post, even under your moral framework, is still invalid:
Reply
Date: July 4th, 2012 3:52 PM
Author: fucklaw
They made a horrible decision from a moral and ethical perspective, asshole. But I guess only legal and business decisions matter to you.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2#21015372)
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015703) |
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Date: July 4th, 2012 8:31 PM Author: aphrodisiac ebony nibblets sex offender
I can certainly agree that our legal system is fucked up. However, at some point people need to take moral responsibility for their actions and not just cop out and say that they were only doing it because they had a responsibility to shareholders. This includes the people working for this company, who should feel ashamed of themselves for this. They didn't have to fire the guy--corporate law certainly doesn't require it--but they did anyway.
Additionally, I question the reality of actual liability for a lifeguard's actions. In the extremely unlikely event that someone else had drowned because the lifeguard went away to help someone for a few minutes, there's actually a rather high probability that no liability would result. The corporate operatives are overestimating liability, which is typical for risk-averse executives who like to hide behind this excuse.
So, yes, I blame the legal system, but I also blame the people in the corporation for their actions. It seems that you think the people shouldn't be blamed for whatever they do as long as they're operating within the law and trying to maximize shareholder value. I disagree that we as a society are better off that way.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21016939) |
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Date: July 4th, 2012 5:09 PM Author: purple marvelous volcanic crater property
"They made a horrible decision from a moral and ethical perspective, asshole. But I guess only legal and business decisions matter to you."
Beat me to it.
A rare bit of sanity here. I usually don't like to police morality, but it is absurd that everyone is only arguing the business and legal ramifications of what was done. The options this guy faced was to let someone die or not and the company's response to him saving a life was to fire him. wtf.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015808) |
Date: July 4th, 2012 3:47 PM Author: aphrodisiac ebony nibblets sex offender
Wow.
Susan Ellis (quoted in op) is a horrible person.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015336) |
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Date: July 5th, 2012 1:20 AM Author: razzmatazz kink-friendly tanning salon
To be fair,
...except this company, like all companies, fails to give a fuck about that because there's a strong argument to be made that he's not "acting in the reasonable course of employment" just because he's driving to his job as a lifeguard. Which means that the company isn't liable for bullshit that he pulls during that time. Which is why you won't get fired for driving drunk to your job on the construction site, but you will get fired for being drunk on the site. And at the end of the day, companies that are literally in the business of saving people have to be extra vigilant and make sure that they set and follow strict rules to preemptively defend against highly-forseeable liability that will pop up when people inevitably die and families are pissed. Or, you know, the companies just cease to exist when they get the shit sued out of them and the market for their services becomes untenable to potential entrants. Good outcome?
If all of this outrages the fuck out of you, blame the crowd of shitty (overwhelmingly liberal) plaintiffs lawyers who sue at the drop of a dime and our shitty (overwhelmingly plaintiff friendly) tort system that regularly assfucks companies over anything and everything. It's amazing how fucking dumb people on this site are now.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21019085) |
Date: July 4th, 2012 5:13 PM Author: zippy mahogany mental disorder
lol @ XOers actually entering the thread to defend the company
my guess is these same posters are ugly, boring, and lonely in real life.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21015837) |
Date: July 5th, 2012 1:02 AM Author: Clear therapy
Cow goes moo is such a fucking dumbass its ridiculous. Putting aside the moral questions, this is a PR disaster. They're probably going to lose their contract over this if they have a competitor.
The corporate execs time has value right? Because people (including me possibly) are going to call them up just to scream at them.
(http://www.autoadmit.com/thread.php?thread_id=1986092&forum_id=2...id.#21018934) |
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