Do you recall the influential figure of Al Franken? He served as a notable United States Senator and was renowned for his humor and charisma. No other member of Congress could effectively critique the hypocritical antics of the right-wing elite quite like him.
However, an old photograph resurfaced, showing him during his comedic career, sporting a large, goofy grin while mockingly posing as if he were groping the breasts of a Playboy model who was accompanying him on a tour to entertain the troops. This model was there to bring some lightness and allure to the soldiers’ lives, but this does not justify the inappropriate and disrespectful nature of the joke made while she was asleep in a flak jacket.
Following this incident, seven more women came forward with accusations against Franken regarding unwanted touching. While it is crucial to understand that no one should ever feel uncomfortable due to someone else’s actions, the allegations against Franken were not among the most severe you might have heard. He firmly denied any intention to cross personal boundaries. As a widely recognized lawmaker who interacted with thousands of individuals, including myself, if he truly engaged in inappropriate behavior, it is likely more than seven women would have come forward.
Despite the lack of substantial evidence, 36 Democrats called for his resignation. Eventually, he yielded to this pressure, resulting in a lackluster replacement for his position.
The purpose of reflecting on this past event is to highlight that none of these actions were related to Franken’s effectiveness as a senator. Certainly, there are instances when inappropriate behavior should lead to termination, such as when one is guilty of one of the numerous felonies the current president faces. However, do you remember a time when individuals were terminated primarily for poor job performance rather than unrelated moral judgments?
Consider this: when was the last time you heard of someone being fired specifically for underperforming in their job? For instance, you might recall the Coldplay kiss cam couple, who faced scrutiny for having an affair. They appeared to manage their professional responsibilities well until their personal lives came to light. There was also the Fed Governor Lisa Cook, who faced allegations of mortgage fraud, and the sandwich vendor who threw a sandwich at an ICE agent, seemingly acting heroically. Yet, many individuals were dismissed for gleefully discussing the assassination of Charlie Kirk—a topic I will refrain from commenting on.
I could continue sharing such examples indefinitely. It seems that stories of individuals losing their jobs due to incompetence rarely make headlines. Even in my personal experiences, it is challenging to recall any recent firings based solely on performance-related issues.
Reflecting back to my time at a law firm, where associates were frequently dismissed without warning, there was one individual who was terminated primarily because he drafted a memo of law that conspicuously omitted the most crucial controlling case related to the central issue. This oversight led to a partner being publicly reprimanded during oral arguments due to not having verified the work. The individual claimed he excluded this pivotal case because it set a poor precedent for our side. It moments like these that made me question whether attending law school was worthwhile.
It is essential for individuals to be accountable for their egregious behavior outside of work. Thankfully, there are various systems designed to ensure accountability for unacceptable actions without employers feeling the need to impose a corporate moral judgment on everyone.
Al Franken deserved to apologize, and he did. He should have faced ethical inquiries, which he did. However, losing his job was unjust. He sacrificed a great deal, and in a broader sense, we, the American public, lost even more.
Similar scenarios to Franken’s play out in workplaces across the nation daily. Many of these situations result in losses for everyone involved, reminiscent of what occurred with Franken. With the prevalence of family issues and social media obsessions, it seems we are already under constant scrutiny regarding our choices without needing our employers to participate in this judgment. Wouldn’t it be refreshing if employers focused on job performance instead of moral policing, leaving that to higher powers?
Jonathan Wolf is a legal expert and author of Your Debt-Free JD (affiliate link). He has extensive experience teaching legal writing, contributing to various publications, and advocating for financial and scientific literacy. His opinions are likely insightful, but they are solely his own and should not be attributed to any affiliated organizations. He prefers not to share credit for his ideas. You can reach him at jon_wolf@hotmail.com.
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