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HANGING UP ON THE PHONE COMPANY: PART TWO (END)

In Business, Self-Help on April 26, 2013 at 12:02 am

From November, 2011 to February, 2012, AT&T demanded that Dave pay them for a service they had failed to provide.

They had promised to supply him with Uverse high-speed Internet–at 25 MBPs a second. Instead, he had gotten only 6 MBPs a second. And a big dot in the middle of his computer screen when watching YouTube videos.

Finally, an AT&T rep told him the blunt truth:

His geographical area was not yet supplied with fiber-optic cables that could provide high-speed Internet service.

Dave canceled Uverse–and began getting a series of bills from AT&T.

First one for more than $400.

Then a reduced bill for $260.

Then another for $140.

And still another for $126.95.

After getting a phone call from a collections agency, Dave asked me to intervene with AT&T on his behalf.

So I decided to go directly to the Office of the President.

Long ago I had learned a crucial truth:

The man at the top of an organization cannot fob you off with the excuse: “I can’t do it.” He can do anything he wants to do. And once he decides to do it, everyone below will fall into line.

I already had the phone number: (800) 848-4158.

I had gotten this via a google search under “AT&T Corporate Offices.” This gave me a link to “Corporate Governance”–which provides biographies of the executives who run the company.

And at the head stands Randall L. Stephenson–Chairman of the Board, CEO and President of AT&T Inc.

I didn’t expect to speak with him. One of his chief lieutenants would be enough–such as a woman I’ll call Margie.

First, I introduced myself and said I was authorized to act on Dave’s behalf. Then I handed the phone to Dave (who was sitting next to me) so he could confirm this.

I then briefly outlined the problems Dave had been having.

Margie–using Dave’s phone number–quickly accessed the computerized records documenting all I was telling her.

She said she would need three or four days to fully investigate the matter before getting back to me.

I said that, for me, the crux of the matter was this:

An AT&T rep had told Dave the company could not supply high-speed Internet to his geographical area because it had not yet laid fiber-optic cables there.

This meant:
1.There was a disconnect between what AT&T’s technicians knew they could offer–and what its customer service reps had been told;
2.Or, worse, the company had lied when it promised to provide Dave with a service it couldn’t deliver.

I said that Dave wanted to resolve this quietly and amicably. But, if necessary, he was prepared to do so through the Public Utilities Commission (PUC) and the Federal Communications Commission (FCC).

The PUC regulates phone companies at the State level. The FCC regulates them at the Federal level.

Just as I was about to hang up, I said I couldn’t understand why Dave should have kept getting billed, since he had been assured he wouldn’t be.

Margie said that the company felt he owed $150.00 for “breaking” the two-year contract he had signed.

I immediately noted that AT&T had not lived up to its end of the contract–that is, to provide the promised high-speed Internet service. As a result, they could not demand that Dave pay for something that had not been delivered.

Clearly, this set off alarm-bells for Margie.

When I asked her, “How soon can I expect to hear from you on your company’s investigation into this matter?” she said there was no need to conduct one.

In fact, she added, she was writing out a credit to Dave of $150.00 that very minute.

Previously, she had told me it would take three or four days.

Thus, Dave did not owe the company anything for his disappointing experiment with its Uverse service.

I felt certain that Dave’s experience with a rapacious AT&T was not an isolated case. Just as banks use every excuse to charge their customers for anything they can get away with, so do phone companies.

I knew that AT&T didn’t want the PUC and FCC to start asking: “Is ATt&T generally dunning customers for money they don’t owe?”

I believe the answer would have proven to be: “Yes.”

And I believe that Margie felt the same way.

So, when dealing with a predatory company like AT&T:
1.Keep all company correspondence.
2.Be prepared to clearly outline your problem.
3.Know which State/Federal agencies hold jurisdiction over the company.
4.Phone/write the company’s president. This shows that you’ve done your homework–and deserve to be taken seriously.
5.Remain calm and businesslike in your correspondence and/or conversations with company officials.
6.Don’t fear to say you’ll contact approrpriate government agencies if necessary.
7.If the company doesn’t resolve your problem, complain to those agencies, and/or
8.Consider hiring an attorney and filing a lawsuit.

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HANGING UP ON THE PHONE COMPANY: PART ONE (OF TWO)

In Business, Self-Help on April 25, 2013 at 12:10 am

Lily Tomlin introduced her character of Ernestine, the rude, gossipy, know-it-all telephone operator, in the 1960s series Laugh-In.

A typical skit would open:

“A gracious hello. Here at the Phone Company, we handle eighty-four billion calls a year. Serving everyone from presidents and kings to the scum of the earth.

“So, we realize that, every so often, you can’t get an operator, or for no apparent reason your phone goes out of order, or perhaps you get charged for a call you didn’t make. We don’t care!

“You see, this phone system consists of a multibillion-dollar matrix of space age technology that is so sophisticated even we can’t handle it. But that’s your problem, isn’t it?

“So, the next time you complain about your phone service, why don’t you try using two Dixie cups with a string?

“We don’t care. We don’t have to. We’re the Phone Company.”

All of which was–and remains–hilarious. Except when you face such behavior in real-life with the phone company.

That’s exactly what happened to a man I’ll call Dave.

Dave had had DSL Internet service with AT&T for a year, and had been entirely satisfied with it. So when AT&T offered him Uverse service for less than what he had been paying, he signed up.

But the new service never worked properly.

Dave had been promised that he would get 25 MBPs a second–double his previous download speed.

Instead he got only 6 MBPs a second. He was also being repeatedly disconnected from the Internet.

Dave called AT&T to complain. The company sent a technician to inspect the connection.

The tech told him that the line he was using for DSL was not working with Uverse. He was told he needed to install a new line to solve the problem.

Seeking a second opinion, Dave asked AT&T to send out another technician.

This one said there was already an existing CAT 5 line in Dave’s apartment. He said that by connecting this line to the computer, the problem should be solved.

But after he connected the line, Dave could not watch videos on YouTube because a dot appeared in the middle of the screen.

Since Dave had a Mac, he sought advice at his nearby Apple store. Was there was anything wrong with the computer? he asked.

The Apple rep said the problem was that he wasn’t getting enough download speed.

Dave called AT&T again.

A tech said the problem lay with the modem: Send it back and we’ll send you another.

Dave sent back the modem and AT&T sent him a second.

Dave installed the modem but still found a big dot in the middle of the screen while watching YouTube videos.

A technician tried to resolve the problem from AT&T’s own facilities, but was not able to.

Dave called AT&T and said he was going to disconnect the service because it still wasn’t working.

Suddenly, the blunt truth finally emerged:

An AT&T rep told him that his geographical area was not yet supplied with fiber-optic cables that could provide high-speed Internet service. In six months, the company would probably have such lines set up in his location.

Dave said that in six months, if AT&T had fiber-optic cables installed in his area, he would call back and have service restored.

The rep told him to send back the modem and he would owe nothing.

And that’s when the real trouble started.

Dave soon got a bill from AT&T saying he owed more than $400 for Internet service. He called them back and asked why he had gotten this bill.

The AT&T rep said the bill was to cover the costs of sending over the technicians.

Dave replied that they hadn’t installed any new lines or corrected the problem. They had only checked the line.

AT&T said they would reduce the amount Dave owed to $260. This was to cover about two months’ service and the modem—to be paid one month in advance.

Dave said that he hadn’t gotten service that worked and he would pay the money only if they could get it working properly.

AT&T told Dave to return the modem and he would owe them nothing.

Dave mailed the modem to AT&T in November, 2011.

AT&T then sent Dave a letter saying he owed them $140.

He refused to pay it.

He got another bill that said AT&T was reducing it to $126.95 for Unverse Internet service.

Dave called AT&T and complained.

This time, an AT&T rep said it had been a “computer mistake” and that this would be corrected on his next bill; there would be no such charge.

Shortly afterward, Dave got another letter on February 15, still demanding the payment of $126.95 for Uverse service.

After getting a phone call from a collections agency, Dave asked me to intervene with AT&T on his behalf.

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ENTITLEMENT, TEXAS STYLE

In Bureaucracy, Business, Law, Law Enforcement, Politics on April 23, 2013 at 12:01 am

Ted Cruz voted against federal aid for victims of Hurricane Sandy–three times.

But the United States Senator from Texas quickly announced he would seek “all available resources” to assist victims of the April 17 explosion at a fertilizer plant in West, McLennan County, Texas.

The blast killed 13 people, wounded about 200 others, and caused extensive damages to surrounding homes.

Last October, Hurricane Sandy killed about 150 people and caused an estimated $75 billion in damage across the Northeast.

The Republican legislator stood foursquare against the Sandy Aid Relief bill, claiming that it was loaded with “pork”:

“Hurricane Sandy inflicted devastating damage on the East Coast, and Congress appropriately responded with hurricane relief,” said Cruz.

“Unfortunately, cynical politicians in Washington could not resist loading up this relief bill with billions in new spending utterly unrelated to Sandy.

“Emergency relief for the families who are suffering from this natural disaster should not be used as a Christmas tree for billions in unrelated spending, including projects such as Smithsonian repairs, upgrades to National Oceanic and Atmospheric Administration airplanes, and more funding for Head Start.

“This bill is symptomatic of a larger problem in Washington–an addiction to spending money we do not have. The United States Senate should not be in the business of exploiting victims of natural disasters to fund pork projects that further expand our debt.”

Another Republican, Rep. Bill Flores, who represents West,  McLennan County, also voted against the Sandy relief package.  But this didn’t stop him from requesting federal aid for the disaster in his home district.

U.S. Senator Ted Cruz (R-Texas)

But, according to PolitiFact, “A big portion of the $17 billion in ‘immediate’ assistance, more than $5 billion, went to replenish FEMA’s disaster relief fund, which may fund relief from future disasters.”

Furthermore, Rick Ungar, writing at Forbes, pointed out that the “pork” came from having to bribe red state Republicans–including Texas–to get the package passed over their filibuster:

“However, as it turns out, the pork portions of the Senate bill were not earmarked to benefit Democratic members of the upper chamber of Congress….

“The answer can be found in a quick review of the states that are set to benefit from the Senate’s extra-special benevolence—states including Alabama, Mississippi, Texas and Louisiana.”

In fact, according to a September 29, 2011 article in iWatch News: Texas had the most FEMA-declared disasters since the start of 2009:

“Eleven Republican U.S. senators who represent the states with the most FEMA-declared disasters since the start of 2009 voted against a bill designed to keep the agency’s disaster relief fund from running out of cash.”

“The top two states, Texas and Oklahoma, combined for more than a quarter of the Federal Emergency Management Agency’s declared disasters since Jan. 1, 2009.”

Click here: As FEMA funds run out, senators from states with most disasters oppose funding bill  The Center for Public Integrity

Yet the hypocrisy doesn’t end there.

“The nation’s number one resource is its workers,” said Keith Wrightson, safety expert at Public Citizen, a nonprofit consumer advocacy group. “But the agency that’s charged with protecting them is not given the resources to do it. I think it’s worrisome for the nation.”

The West Fertilizer Company facility hadn’t been inspected by the Labor Department’s Occupational Safety and Health Administration (OSHA) since 1985, when the company was fined $30. Why did the facility go for almost 30 years without further inspections from OSHA?

As a small employer, the fertilizer facility may have been exempt from some forms of OSHA scrutiny.  Years ago, Congress attached a rider to agency funding that forbids OSHA to perform inspections of workplaces with 10 or fewer employees and whose industries have low injury rates.

Lawmakers reason that small businesses shouldn’t have to shoulder the same costs of compliance as larger ones.

But smaller worksites aren’t necessarily less dangerous.  According to safety advocates, small companies often  have fewer resources to invest in worker safety and, with less government oversight, even less incentive.

On April 20, the damning news broke in a Reuters story:

“The fertilizer plant that  exploded on Wednesday, obliterating part of a small Texas town  and killing at least 14 people, had last year been storing 1,350 times the amount of ammonium nitrate that would normally trigger  safety oversight by the U.S. Department of Homeland Security (DHS).”

Explosion at as fertilizer plant in West, McLennan County, Texas

Yet a source told Reuters that West Fertilizer, the company that owns the plant, did not tell DHS about the potentially explosive fertilizer as it is required to do.

The DHS is a major regulator of ammonium nitrate–which can also be used in bomb making.  Thus, it was left totally unaware of the potential danger posed by the plant..

Fertilizer plants and depots must report to the DHS when they hold 400 lb or more of the substance. Filings this  year with the Texas Department of State Health Services, which  weren’t shared with DHS, show the plant had 270 tons of it on hand last year.

In short, this situation offers the ultimate combination of disaster-producing circumstances:

  • A state with lax regulation of corporate businesses.
  • A plant crammed full of highly explosive materials.
  • Hypocritical U.S. Senators callously ignoring the hardships nature inflicts on other states while greedily demanding the lion’s share of emergency resources for their own constituents.
  • A state–Texas–whose governor has openly threatened secession greedily sucking at the tit of the otherwise despised Federal Government.

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STOP INSURANCE RIP-OFFS

In Business, Self-Help, Social commentary on April 15, 2013 at 12:07 am

An insurance company suspends your medical coverage for months–or longer.

Even though you’ve faithfully paid all premiums for your medical insurance–and have the records to prove it.

Think it can’t happen to you? It did to a couple I’ll call Diane and Mike.

Mike worked as a paralegal for a Los Angeles law firm. He was getting health insurance for himself and his wife, Diane, under a COBRA arrangement.

COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985. It’s a Federal law that was passed by Congress and signed by President Ronald Reagan.

One of its provisions creates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.

But a COBRA can sometimes act the same way the deadly poisonous snake does–with unpredictable and lethal results for those depending on it.

In this case, after Mike left his law firm to work at another, he found the COBRA didn’t operate as it was supposed to.

A snafu developed, involving

  • the COBRA management company,
  • the hospital where Mike and Diane had long been patients, and
  • Mike’s former employer.

Each of these institutions blamed the other for failing to provide appropriate information.

So the insurance company suspended Mike and Diane’s health insurance–completely ignoring their medical needs.

Then, one day, Diane called me on an unrelated matter. During the conversation, she let slip the suspension of her medical insurance.

I was stunned at the news–and outraged when she said this had been going on for six months.

At once, I offered my services as a troubleshooter. She accepted.

I decided to call the office of my State Assemblyman. In California, the 80 members of the Assembly serve two-year terms, and are limited to being elected three times.

The 40 members of the State Senate serve four-year terms, and can be elected twice.

Because they face re-election sooner, members of the Assembly must stay closely attuned to resolving their constituents’ problems. That’s why they employ staffers who are experts at navigating through the maze of State agencies.

And State Senators make certain their offices are equally well-staffed with such experts.

When I called my Assemblyman’s office, I didn’t ask to speak with him. I knew I was too politically unimportant to rate a direct chat at that level. And I didn’t need to talk with him, anyway.

I simply told the secretary that I wanted to speak with the office’s specialist on insurance.

California has an Insurance Commissioner who directs the state’s Department of Insurance. The mandate of this agency is to license, regulate and examine insurance companies.

Soon I was speaking with Frank, the Assemblyman’s expert on insurance matters. I quickly explained the problem my friends were having. And, to my surprise, I found that he and I hit it off right away.

Frank said he had a friend–Steve–who worked as an investigator for the Department of Insurance. Then he generously offered to put me through to him. I thankfully accepted.

Soon Steve and I quickly found ourselves getting along well. Then he asked me: “What’s your friend’s number?”

Diane hadn’t authorized me to give her number to anyone, but I decided to forward it. If Steve was that interested in examining their problem, I wasn’t going to throw a damper on his enthusiasm.

Soon Steve and Diane were discussing the situation.

And shortly after that, her insurance company got an unexpected call from the Insurance Commissioner’s office.

The message was simple–and blunt: Restore that coverage–now.

And, within 48 hours, it had been fully restored.

There are several important lessons to be learned here:

  • Maintain accurate records of all your premium payments. And keep them accessible–as in file folders, a safe deposit box or an online file.
  • Don’t let your insurance company victimize you. Once you’ve paid your premium, you’ve lived up to your part of the arrangement. Now it’s their obligation to provide the medical care you need.
  • Know the names, addresses and phone numbers of your representatives–at local, state and Federal levels. Websites such as http://www.govspot.com/ and http://www.capweb.net/usa/California will instantly provide this information–and a great deal more.
  • Know the name, address and phone number of your state Insurance Commissioner.
  • If your elected representatives can’t or won’t assist you, complain to the news media. Start with the local newspapers and TV stations. If that doesn’t work, try the Internet.
  • If the agencies that are supposed to help consumers won’t aid you, make them part of your complaint to the media.
  • If you’re disabled and/or have children who are affected by the insurance cut-off, play up this angle in your contacts with public agencies and/or the media.
  • If all else fails, consider filing a lawsuit against the insurance company.

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A REALILSTIC WAY TO CURB GUN VIOLENCE

In Business, History, Law, Politics, Social commentary on April 12, 2013 at 12:00 am

The victims of the violence are black and white, rich and poor, young and old, famous and unknown. They are, most important of all, human beings whom other human beings loved and needed. No one – no matter where he lives or what he does – can be certain who will suffer from some senseless act of bloodshed. And yet it goes on and on.

–Robert F. Kennedy, April 4, 1968

Senator Robert F. Kennedy announcing the murder of Dr. Martin Luther King, Jr.

What should the surviving victims of gun-massacres do to seek redress?

And how can the relatives and friends of those who didn’t survive seek justice for those they loved?

Two things:

First, don’t count on politicians to support a ban on assault weapons.

Politicians–with rare exceptions–have only two goals:

  1. Get elected to office, and
  2. Stay in office.

And too many of them fear the economic and voting clout of the National Rifle Association (NRA) to risk its wrath.

On July 22–only two days after the Century 16 Theater slaughter in Aurora, Colorado–U.S. Senator Ron Johnson (R-Wis.) said: “The fact of the matter is there are 30-round magazines that are just common all over the place.

“You simply can’t keep these weapons out of the hands of sick, demented individuals who want to do harm.  And when you try and do it, you restrict our freedom.”

That presumably includes the freedom of would-be mass murderers to carry out their fantasies.

Second, those who survive such massacres–and the relatives and friends of those who don’t–should file wrongful death, class-action lawsuits against the NRA.

There is sound, legal precedent for this.

  • For decades, the American tobacco industry peddled death and disability to millions and reaped billions of dollars in profits.
  • The industry vigorously claimed there was no evidence that smoking caused cancer, heart disease, emphysema or any other ailment.

  • Tobacco companies spent billions on slick advertising campaigns to win new smokers and attack medical warnings about the dangers of smoking.
  • Tobacco companies spent millions to elect compliant politicians and block anti-smoking legislation.
  • From 1954 to 1994, over 800 private lawsuits were filed against tobacco companies in state courts. But only two plaintiffs prevailed, and both of those decisions were reversed on appeal.
  • In 1994, amidst great pessimism, Mississippi Attorney General Mike Moore filed a lawsuit against the tobacco industry.  But other states soon followed, ultimately growing to 46.
  • Their goal: To seek monetary, equitable and injunctive relief under various consumer-protection and anti-trust laws.
  • The theory underlying these lawsuits was: Cigarettes produced by the tobacco industry created health problems among the population, which badly strained the states’ public healthcare systems.
  • In 1998, the states settled their Medicaid lawsuits against the tobacco industry for recovery of their tobacco-related, health-care costs.  In return, they exempted the companies from private lawsuits for tobacco-related injuries.
  • The companies agreed to curtail or cease certain marketing practices.  They also agreed to pay, forever, annual payments to the states to compensate some of the medical costs for patients with smoking-related illnesses.

The parallels with the NRA are obvious:

  • For decades, the NRA has peddled deadly weapons to millions, reaped billions of dollars in profits and refused to admit the carnage those weapons have produced: “Guns don’t kill people.  People kill people.”  With guns.

  • The NRA has bitterly fought background checks on gun-buyers, in effect granting even criminals and the mentally ill the right to own arsenals of death-dealing weaponry.
  • The NRA has spent millions on slick advertising campaigns to win new members and frighten them into buying guns.

  • The NRA has spent millions on political contributions to block gun-control legislation.
  • The NRA has spent millions attacking political candidates and elected officials who warned about the dangers of unrestricted access to assault and/or concealed weapons.

  • The NRA has spent millions pushing “Stand Your Ground” laws in more than half the states, which potentially give every citizen a “license to kill.”
  • The NRA receives millions of dollars from online sales of ammunition, high-capacity ammunition magazines, and other accessories through its point-of-sale Round-Up Program–thus directly profiting by selling a product that kills about 30,288 people a year.

  • Firearms made indiscriminately available through NRA lobbying have filled hospitals–such as those in Aurora–with casualties, and have thus badly strained the states’ public healthcare systems.

It will take a series of highly expensive and well-publicized lawsuits to significantly weaken the NRA, financially and politically.

The first ones will have to be brought by the surviving victims of gun violence–and by the friends and families of those who did not survive it.  Only they will have the courage and motivation to take such a risk.

As with the cases first brought against tobacco companies, there will be losses.  And the NRA will rejoice with each one.

But, in time, state Attorneys General will see the clear parallels between lawsuits filed against those who peddle death by cigarette and those who peddle death by armor-piercing bullet.

And then the NRA–like the tobacco industry–will face an adversary wealthy enough to stand up for the rights of the gun industry’s own victims.

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CORPORATIONS ARE GREEDY PEOPLE, TOO

In Bureaucracy, Business, Law, Politics, Social commentary on April 10, 2013 at 12:02 am

“How many men ever went to a barbecue and would let one man take off the table what’s intended for nine-tenths of the people to eat? The only way you’ll ever be able to feed the balance of the people is to make that man come back and bring back some of that grub that he ain’t got no business with!”
– Louisiana Senator Huey P. Long, 1934

Campaigning for the Presidency, Mitt Romney was speaking to a crowd of hundreds at the Iowa State Fair. He was being pressed about raising taxes to help cover entitlement spending. Suddenly, a heckler suggested raising corporate tax rates.

Romney responded: “Corporations are people, my friend. Of course they are. Everything corporations earn ultimately goes to the people. Where do you think it goes? Whose pockets? Whose pockets? People’s pockets. Human beings, my friend.”

The line earned him a sustained round of applause from the crowd.

If it’s true that corporations are people, then they are exceptionally greedy and selfish people.

A December, 2011 report by Public Campaign, highlighting corporate abuses of the tax laws, makes this all too clear.

Public Campaign is a national nonpartisan organization dedicated to reforming campaign finance laws and holding elected officials accountable.

Summarizing its conclusions, the report’s author writes:

“Amidst a growing federal deficit and widespread economic insecurity for most Americans, some of the largest corporations in the country have avoided paying their fair share in taxes while spending millions to lobby Congress and influence elections.”

Its key findings:

  • The thirty big corporations analyzed in this report paid more to lobby Congress than they paid in federal income taxes between 2008 and 2010, despite being profitable.
  • Despite making combined profits totaling $164 billion in that three-year period, the 30 companies combined received tax rebates totaling nearly $11 billion.
  • Altogether, these companies spent nearly half a billion dollars ($476 million) over three years to lobby Congress. That’s about $400,000 each day, including weekends.
  • In the three-year period beginning in 2009 through most of 2011, these large firms spent over $22 million altogether on federal campaigns.
  • These corporations have also spent lavishly on compensatng their top executives ($706 million altogether in 2010).

Among those corporations whose tax-dodging and influence-buying were analyzed:

  • General Electric
  • Verizon
  • PG&E
  • Wells Fargo
  • Duke Energy
  • Boeing
  • Consolidated Edison
  • DuPont
  • Honeywell International
  • Mattel
  • Corning
  • FedEx
  • Tenet Healthcare
  • Wisconsin Energy
  • Con-way

The report bluntly cites the growing disparity between the relatively few rich and the vast majority of poor and middle-class citizens:

“Over the past few months, a growing protest movement has shifted the debate about economic inequality in this country.

“The American people wonder why members of Congress suggest cuts to Medicare and Social Security but won’t require millionaires to pay their fair share in taxes.

“They want to know why they are struggling to find jobs and put food on the the table while the country’s largest corporations get tax breaks and sweetheart deals, then use that extra cash to pay bloated bonuses to CEOs or ship jobs overseas.

“….At a time when millions of Americans are still unemployed and millions more make tough choices to get by, these companies are enriching their top executives and spending millions of dollars on Washington lobbyists to stave off higher taxes or regulations.”

Assessing the results of corporate tax-dodging, the report states:

  • Using various tax dodging techniques, including stashing profits in overseas tax havens and tax loopholes, 29 out of 30 companies featured in this study succeeded in paying no federal income taxes from 2008 through 2010.
  • These 29 companies received tax rebates over those three years, ranging from $4 million for Corning to nearly $5 billion for General Electric and totally nearly $11 billion altogether.
  • The only corporation that paid taxes in that three-year period, FedEx, paid a three-year tax rate of 1%, far less than the statutory rate of 35%.

The report bluntly notes the hypocrisy of corporate executives who call themselves “job creators” while enriching themselves by laying off thousands of employees:

“Another area where these corporations have decided to spend lavishly is compensation for their top executives ($706 million altogether in 2010).

“Executives doing particularly well work for General Electric ($76 million in total compensation in 2010), Honeywell International ($54 million), and Wells Fargo ($50 million).

“Executives who have seen the greatest increase work for DuPont (188% increase), Wells Fargo (180% increase) and Verizon (167% increase).

Despite being profitable, some of these corporations have actually laid off workers.

Since 2008, seven of the corporations have reported laying off American workers. The worst offenders are Verizon, which laid off 21,308 workers, and Boeing, which fired 14,862 employees.

Insisting that “corporations are people” wins applause from the wealthiest 1% and their Right-wing supporters. But it does nothing to better the lives of the poor and middle-class.

If the nation is to avoid economic and moral bankruptcy, Americans must demand that powerful corporations be held accountable–and punished harshly when they behave irresponsibly.

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TELL YOUR AIRLINE TO FLY OFF

In Bureaucracy, Business, Self-Help on April 8, 2013 at 1:39 pm

Imagine the following situation:

  • You’re vacationing in Denver and must return to San Francisco for an urgent-care medical appointment
  • You’re disabled but nevertheless arrive at the airport on time.
  • The airport–in violation of the Americans With Disabilities Act–doesn’t have anyone assigned to help disabled passengers get onto departing planes.
  • As a result, you arrive at the gate–just as the plane takes off.
  • The airline informs you that if you want to board a plane, you’ll have to pay for another ticket.
  • You can’t afford to buy another ticket–and your urgent-care appointment is tomorrow.

What do you do? In this case, the stranded passenger called me: Bureaucracybuster.

First, I instinctively called the airline company. And that meant starting at the top–the president’s office.

I punched the name of the airline–and the words, “Board of Directors”–into google. This gave me several websites to click on to obtain the information I needed.

I started dialing–and quickly hung up: I had just remembered the day was a Sunday. Nobody but cleaning crews would be occupying the airline’s executive offices that day.

I had to start all over.

Next, I decided to call Denver Airport and find an official who would help Rachel onto another flight–without charging her for it.

I didn’t know where to start, so I decided that starting anywhere was just fine. As I was routed from one person to another, I would develop a sense of who I needed to reach.

Some of those I reached seemed genuinely concerned with Rachel’s plight. Others gave me the “that’s-life-in-the-big-city” attitude.

One of the latter felt I wasn’t deferential enough in my tone. He threatened to notify the chief of airport security.

“Go ahead,” I said. “I once worked for the United States Attorney’s Office. I’ll be glad to talk with him.”

He backed off–just as I had assumed he would.

Usually the best way to deal with threats is to directly confront the person making them.

(A friend of mine, Richard St. Germain, spent part of his 11 years with the U.S. Marshals Service protecting Mafia witnesses.

Many of them didn’t like the places where they were to be relocated under new identities.  “I’m going to complain to the Attorney General,” some of them would threaten.

St. Germain would reach for his office phone, plant it before the witness, and say, “Call him. I’ll give you his number.”

The witness always backed off.)

Eventually I reached the Chief of Airport Operations.

I outlined what had happened. He didn’t seem very sympathetic. So I decided to transfer the problem from Rachel to the airport.

Without raising my voice, I said: “It isn’t her fault that your airport was in non-compliance with the Americans With Disabilities Act and she missed her flight because there wasn’t anyone to assist her.”

Suddenly his tone changed–and I could tell I had definitely reached him.

No doubt visions of federal investigations, private lawsuits and truly bad publicity for his airport flashed across his mind. And all this had been achieved without my making an overt threat of any kind.

He said he would see to it that she got onto another flight without having to buy another ticket.

I called Rachel to give her the good news. But a few minutes later she called me back, almost in tears.

The airline official at the departure gate was giving her a bad time: “If we have to choose between you and another passenger who has a ticket for this flight, he’ll go, not you.”

She laid out a series of other scenarios under which Rachel would remain stranded in Denver.

So once again I called the Chief of Airport Operations: “She’s being hassled by an official at the gate. Can you please send someone over there and put a stop to this nonsense?”

A few minutes later, I got another call from Rachel–this one totally upbeat. She said that a man who identified himself only as an airport official–but wearing an expensive suit–had visited her at the gate.

When the ticket-taking airline official had protested, he had cut her off. The official had then walked Rachel and her baggage onto an otherwise fully-loaded 777 jet bound for San Francisco.

Soon she was en route to San Francisco for her urgent-care medical appointment the next day. So if you’re having troubles with an airline:

  • Start by calling the highest-ranking airline official you can reach.
  • If s/he isn’t available or sympathetic, call the airport.
  • Be persistent–but businesslike.
  • Don’t let yourself be bullied.
  • If you can cite a legal violation by the airline and/or airport, don’t hesitate to do so. But don’t make overt threats.
  • Don’t hesitate to play for sympathy: “This is a woman has an urgent-care doctor’s appointment….”

Then cross your fingers and hope for the best.

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A SIGN OF UNEMPLOYMENT: PART SIX (END)

In Business, Law, Politics, Social commentary on March 21, 2013 at 12:01 am

Among the provisions of an Employers Responsibility Act:

(13)  The Justice Department and/or the Labor Department would be required to maintain a publicly-accessible database on those companies that had been cited, sued and/or convicted for such offenses as

  • discrimination,
  • harassment,
  • health and/or safety violations or
  • violating immigration laws. 

Employers would be legally required to regularly provide such information to these agencies, so that it would remain accurate and up-to-date.

Such information would arm job applicants with vital information about the employers they were approaching.  They could thus decide in advance if an employer is deserving of their skills and dedication.

As matters now stand, employers can legally demand to learn even the most private details of an applicant’s life without having to disclose even the most basic information about themselves and their history of treating employees.

(14)   CEOs whose companies employ illegal aliens would be held directly accountable for the actions of their subordinates.  Upon conviction, the CEO would be sentenced to a mandatory prison term of at least ten years.

This would prove a more effective remedy for controlling illegal immigration than stationing tens of thousands of soldiers on the U.S./ Mexican border. With CEOs forced to account for their subordinates’ actions, they would take drastic steps to ensure their companies complied with Federal immigration laws.

Without employers eager to hire illegal aliens at a fraction of the money paid to American workers, the invasions of illegal job-seekers would quickly come to an end.

(15)   A portion of employers’ existing Federal taxes would be set aside to create a national clearinghouse for placing unemployed but qualified job-seekers.

* * * * *

Right-wing capitalists and their paid shills in Congress would attack an Employers Responsibility Act as radically Communist.

But Americans need to cast aside their national obsession with Red-baiting and face up to some ugly truths about themselves–and their employers:

For thousands of years, otherwise highly intelligent men and women believed that kings ruled by divine right.  That kings held absolute power, levied extortionate taxes and sent countless millions of men off to war–all because God wanted it that way.

  • That lunacy was dealt a deadly blow in 1776 when American Revolutionaries threw off the despotic rule of King George III of England.
  • But today, millions of Americans remain imprisoned by an equally outrageous and dangerous theory: The Theory of the Divine Right of Employers.
  • Summing up this employer-as-God attitude, Calvin Coolidge still speaks for the overwhelming majority of employers and their paid shills in government: “The man who builds a factory builds a temple, and the man who works there worships there.”

America can no longer afford such a dangerous fallacy as the Theory of the Divine Right of Employers.

The solution lies in remembering that the powerful never voluntarily surrender their privileges.

Americans did not win their freedom from Great Britain–-and its enslaving doctrine of “the divine right of kings”-–by begging for their rights.

And Americans will not win their freedom from their corporate masters–-and the equally enslaving doctrine of “the divine right of employers”––by begging for the right to work and support themselves and their families.

And they will most certainly never win such freedom by supporting right-wing political candidates whose first and only allegiance is to the corporate interests who bankroll their campaigns.

Corporations can–and do–spend millions of dollars on TV ads, selling lies–lies such as the “skills gap,” and how if the wealthy are forced to pay their fair share of taxes, jobs will inevitably disappear.

But Americans can choose to reject those lies–and demand that employers behave like patriots instead of predators.

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A SIGN OF UNEMPLOYMENT: PART FIVE (OF SIX)

In Business, Law, Politics, Social commentary on March 20, 2013 at 12:01 am

A nationwide Employers Responsibility Act would ensure fulltime, productive employment for millions of capable, job-seeking Americans.  And it would achieve this goal without raising taxes or creating controversial government “make work” programs.

Two of its provisions have already been outlined.

Among its remaining provisions:

(3) Employers would receive tax credits for creating professional, well-paying, full-time jobs.

This would encourage the creation of better than the menial, dead-end, low-paying and often part-time jobs which exist in the service industry. Employers found using such tax credits for any other purpose would be prosecuted for tax fraud.

(4)  A company that acquired another—through a merger or buyout—would be forbidden to fire en masse the career employees of that acquired company.

This would be comparable to the protection existing for career civil service employees. Such a ban would prevent a return to the predatory “corporate raiding” practices of the 1980s, which left so much human and economic wreckage in their wake.

The wholesale firing of employees would trigger the prosecution of the company’s new owners. Employees could still be fired, but only for provable just cause, and only on a case-by-case basis.

(5)  Employers would be required to provide full medical and pension benefits for all employees, regardless of their full-time or part-time status.

Increasingly, employers are replacing full-time workers with part-time ones—solely to avoid paying medical and pension benefits. Requiring employers to act humanely and responsibly toward all their employees would encourage them to provide full-time positions—and hasten the death of this greed-based practice.

(6) Employers of part-time workers would be required to comply with all federal labor laws.

Under current law, part-time employees are not protected against such abuses as discrimination, sexual harassment and unsafe working conditions. Closing this loophole would immediately create two positive results:

  • Untold numbers of currently-exploited workers would be protected from the abuses of predatory employers; and
  • Even predatorily-inclined employers would be encouraged to offer permanent, fulltime jobs rather than only part-time ones—since a major incentive for offering part-time jobs would now be eliminated.

(7) Employers would be encouraged to hire to their widest possible limits, through a combination of financial incentives and legal sanctions. Among those incentives: Employers demonstrating a willingness to hire would receive substantial Federal tax credits, based on the number of new, permanent employees hired per year.

Employers claiming eligibility for such credits would be required to make their financial records available to Federal investigators. Employers found making false claims would be prosecuted for perjury and tax fraud, and face heavy fines and imprisonment if convicted.

(8) Among those sanctions: Employers refusing to hire could be required to prove, in court:

  • Their economic inability to hire further employees, and/or
  • The unfitness of the specific, rejected applicant.

Companies found guilty of unjustifiably refusing to hire would face the same penalties as now applying in cases of discrimination on the basis of age, race, sex and disability. Employers would thus fund it easier to hire than to refuse to do so. Job-seekers would no longer be prevented from even being considered for employment because of arbitrary and interminable “hiring freezes.”

(9) Employers refusing to hire would be required to pay an additional “crime tax.”

Sociologists and criminologists agree that “the best cure for crime is a job.” Thus, employers who refuse to hire contribute to a growing crime rate in this Nation. Such non-hiring employers would be required to pay an additional tax, which would be earmarked for agencies of the criminal justice system at State and Federal levels.

(10)  The seeking of “economic incentives” by companies in return for moving to or remaining in cities/states would be strictly forbidden.

Such “economic incentives” usually:

  1. allow employers to ignore existing laws protecting employees from unsafe working conditions;
  2. allow employers to ignore existing laws protecting the environment;
  3. allow employers to pay their employees the lowest acceptable wages, in return for the “privilege” of working at these companies; and/or
  4. allow employers to pay little or no business taxes, at the expense of communities who are required to make up for lost tax revenues.

(11)  Employers who continue to make such overtures would be prosecuted for attempted bribery or extortion:

  1. Bribery, if they offered to move to a city/state in return for “economic incentives,” or
  2. Extortion, if they threatened to move their companies from a city/state if they did not receive such “economic incentives.”

This would protect employees against artificially-depressed wages and unsafe working conditions; protect the environment in which these employees live; and protect cities/states from being pitted against one another at the expense of their economic prosperity.

(12)  The U.S. Departments of Justice and Labor would regularly monitor the extent of employer compliance with the provisions of this Act. 

Among these measures: Sending  undercover  agents, posing as highly-qualified job-seekers, to apply at companies—and then vigorously prosecuting those employers who  blatantly refused to hire despite their proven economic ability to do so.

This would be comparable to the long-time and legally-validated practice of using undercover agents to determine compliance with fair-housing laws.

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A SIGN OF UNEMPLOYMENT: PART FOUR (OF SIX)

In Business, Law, Politics, Social commentary on March 19, 2013 at 12:01 am

Where there are victims, there are always predators ready to profit from their desperation.

Consider the following email sent out in July, 2012, by Steve Poizner, former Republican State Insurance Commissioner of California (2007-2011).

Dear friends,

I wanted to share with you some news before my new venture – Empowered Careers – launches around the country….I’ve started this company to help address one of the key issues we face today — jobs. Our venture aims to close the skills gap through an innovative career development program — all delivered via the iPad.

The program is called “Empowered UCLA Extension” and it combines personalized career counseling with a UCLA Extension professional education from a live instructor who is an expert in his or her field.

It’s all designed specifically for baby boomers seeking to make a career change, get ahead professionally, or get back into the workforce.

* * * * *

Now, consider this passage:

“Using our Empowered app, the iPad will transform any adult’s living room into a modern day classroom or transform a park bench into a study group while the kids are at soccer practice.”

But transforming “any adult’s living room into a modern day classroom” will not compel those employers who refuse to hire to begin doing so.

Nor will it change the behavior of employers who:

  • Will hire–but only on a part-time, no-benefits, minimum-wage basis;
  • Continue to throw hard-working American employees into the street; and
  • Move their companies to China, Mexico or Singapore.

And note that this program is aimed at those who can afford an iPad–and to shell out $9,800.  This, says the website, “includes a one-time special reduction of $3,000 from our expected 2013 total program price of $12,800.”

So if you’re poor because you’re jobless, this program has nothing to offer you.

But America can end this national disaster–and disgrace.

A policy based only on concessions–such as endless tax breaks for hugely profitable corporations–is a policy of appeasement.

And appeasement only whets the appetite of those appeased for even greater concessions.

It is past time to hold wealthy and powerful corporations accountable for their socially and financially irresponsible acts.

This solution can be summed up in three words: Employers Responsibility Act (ERA).

If passed by Congress and vigorously enforced by the U.S. Departments of Justice and Labor, an ERA would ensure full-time, permanent and productive employment for millions of capable, job-seeking Americans.

And it would achieve this without raising taxes or creating controversial government “make work” programs.

Such legislation would legally require employers to demonstrate as much initiative for hiring as job-seekers are now expected to show in searching for work.

An ERAt would simultaneously address the following evils for which employers are directly responsible:

  • The loss of jobs within the United States owing to companies’ moving their operations abroad—solely to pay substandard wages to their new employees.
  • The mass firings of employees which usually accompany corporate mergers or acquisitions.
  • The widespread victimization of part-time employees, who are not legally protected against such threats as racial discrimination, sexual harassment and unsafe working conditions.
  • The refusal of many employers to create better than menial, low-wage jobs.
  • The widespread employer practice of extorting “economic incentives” from cities or states in return for moving to or remaining in those areas. Such “incentives” usually absolve employers from complying with laws protecting the environment and/or workers’ rights.
  • The refusal of many employers to provide medical and pension benefits—nearly always in the case of part-time employees, and, increasingly, for full-time, permanent ones as well.
  • Rising crime rates, due to rising unemployment.

Among its provisions:

(1) American companies that close plants in the United States and open others abroad would be forbidden to sell products made in those foreign plants within the United States.

This would protect both American and foreign workers from employers seeking to profit at their expense. American workers would be ensured of continued employment. And foreign laborers would be protected against substandard wages and working conditions.

Companies found violating this provision would be subject to Federal criminal prosecution. Guilty verdicts would result in heavy fines and lengthy imprisonment for their owners and top managers.

(2) Large companies (those employing more than 100 persons) would be required to create entry-level training programs for new, future employees.

These would be modeled on programs now existing for public employees, such as firefighters, police officers and members of the armed services. Such programs would remove the employer excuse, “I’m sorry, but we can’t hire you because you’ve never had any experience in this line of work.” After all, the Air Force has never rejected an applicant because, “I’m sorry, but you’ve never flown a plane before.”

This Nation has greatly benefited from the humane and professional efforts of the men and women who have graduated from public-sector training programs. There is no reason for the private sector to shun programs that have succeeded so brilliantly for the public sector.