Tuesday, September 11, 2012



“Life is lumpy. And a lump in the oatmeal, a lump in the throat, and a lump in a breast are not the same lump. One should learn the difference.”

 Some of you who are fans of the philosophical author Robert Fulghum will recognize the above quote from his book, “Uh-oh—Some Observations From Both Sides Of the Refrigerator Door.”  The quote simply yet profoundly addresses proportionality or the degree of impact, significance, or damage caused by inconvenience, real problems or differing levels of illegal acts.  Murder is illegal and so is stealing a loaf of bread but their respective proportional impacts are quite different.

In July, 68 year old Richard Eggers was fired by the mortgage division of Wells Fargo in West Des Moines, Iowa for a petty crime he committed nearly 50 years ago.  His crime?  The then 19 year old was caught red-handed trying to use a cardboard cutout of a dime to run a Laundromat machine.  Since that time Eggers hasn’t received so much as a speeding ticket.

“It was silly and stupid,” Eggers told CNN affiliate KCCI-TV.  “I am not terribly proud of it, but, it doesn’t warrant a termination a half century later.”

Wells Fargo says they have no choice.  The Federal Deposit Insurance Act (FDIC) requires that they weed out employees guilty of a felony.  “Wells Fargo is…bound by US Federal law…to protect our customers and their personal financial information from someone who we know has committed an act of dishonesty or breach of trust—regardless of when the incidents occurred,” Vickee J. Adams, Vice President of External Communications, said in a statement.

Interestingly enough on the same day that Eggers was fired, Wells Fargo settled with the U.S. Justice Department allegations it had targeted black and Hispanic homeowners for sub-prime loans.  Settlement price?  $175 million!  Not nickel and dime stuff.  

Reminds me of the story the Gospel writers tell about a fellow who after pleading with his creditor was forgiven a debt of $100,000.  That same debtor leaves his place of mercy and encounters a fellow who owes him $10 and is unable to pay.  The one forgiven the huge amount had the one who owed him a miniscule amount thrown in jail for not paying.  

Wells Fargo blames the FDIC and stricter government regulations on their absurd termination of Eggers.  But does anyone in Wells Fargo or the government understand how much we taxpayers have forgiven the banks and have infused taxpayer money into their operations to make them whole?  Consider proportionality.  Or as Leonard Bates, Eggers’ attorney, says, “common sense tells you that Mr. Eggers and his 49-year-old crime was not the downfall of the mortgage industry in 2008 and 2009.”

I think Wells Fargo missed a tremendous opportunity to stand up and recognize the substance of the Eggers’ situation and many others who were fired for minor offenses going back many years.  No, none of us condone felonies, frauds, embezzlements or other illegalities.  But we all realize that proportionality must be considered and that 49 year-old crimes involving a dime and similar circumstances are many times atoned for and that people actually learn from mistakes and become, as in Eggers’ case, model citizens.  

Wouldn’t you have loved to have read a headline in USA Today or the New York Times initiated by Wells Fargo that simply read:  “Wells Fargo Refuses to Fire Man for Ten-Cent Crime Committed Forty-Nine Years Ago” instead of the ones actually appearing in the press during July?  Now that would have been ethics leadership.

I trust people and companies not because they’re perfect and not because they’ve never made mistakes.  I trust them because they’re credible and trustworthy based on how they treat their stakeholders including employees and customers and as importantly how they rebound from adversity and mistakes.  This approach is not about condoning illegalities or even mistakes; it simply recognizes that people and companies learn from misfortune, mistakes, and yes even illegal acts and that turn-a-rounds do occur and are significant.  I simply don’t know of any perfectly ethical companies or individuals.  Do you?

A woman bought a parrot for a pet. All the parrot did was treat her bad. It insulted her and every time she tried to pick it up, it would peck at her arm.

One day she got fed up with the parrot and as it was insulting her she picked it up, it continued with the insults...”you're ugly! I can't stand you!" and it pecked at her arm as she carried it. She opened the freezer door and threw him in and closed the door. From inside, the parrot was still going on for about 5 seconds and then it was suddenly quiet.

She thought, "Oh no, I killed it!" She opens the door and the parrot just looked at her. She picked it up. Then the parrot said:

"I'm very sorry. I apologize for my bad behavior and promise you there will be no more of that. From now on, I will be a respectful, obedient parrot."

"Well OK" she said. "Apology accepted". The parrot said "Thank you". Then he said, "Can I ask you something?" She said, "Yes, What?"

And the parrot looked at the freezer and asked, "What did the Chicken do?"

Lumps are different; people and companies do change; ethics is not about perfection!

David A. Costello
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Per aspera