Britt McHenry

I watch ESPN a lot, but until this morning I had never heard of Britt McHenry.  I just read that there was an incident that has caused her suspension from ESPN.

Ms McHenry's car was towed. When she went to the tow lot to pay, she berated the attendant.  The exchange was recorded and has gone viral. ESPN suspended McHenry for the way she interacted with the attendant.

Three questions.

(1) Did McHenry do anything wrong?

(2) If the encounter had not been recorded and ESPN officials had just heard about the event, as opposed to the event going viral, would she have been suspended?

(3) Does an employer have the right to suspend an employee for non criminal behavior that is outside and unrelated to the workplace?


QUESTION 1: Did McHenry do anything wrong? 
Have you ever had your car towed or known people who have had their car towed?

It is a wonderful experience. You have to go to some disgusting spot in the city--often with barking snarling dogs.  You meet an attendant who likely has been verbally abused hourly who has become calloused and is a first rate snarling sourpuss regardless of how you behave yourself.  They sometimes only take cash, so now you have to come up with a wad of dough to get  your car back.  To complement the injury you receive a parking ticket in addition to the towing charge.

The whole experience makes your day.  If you believe you have been towed for no good reason you are really ready to blow a fuse.  Even if you know you took a chance when you parked, you are not a happy camper. You tend to rationalize your parking decision and squawk about big shots who can park in your living room without paying a nickel.  It is not a happy scene.  I never met a person who had his car towed who mused philosophically, "Towing my car was the proper thing to do."

So, for McHenry to behave badly--while it is not condonable--maybe she should get some slack.  She did have some choice comments for the attendant, but we do not hear the other side.

Did she do something wrong? Yes, but we have all been upset at times and many have spewed vitriol under trying circumstances.

QUESTION 2. If the encounter had not been recorded and ESPN officials had just heard about the event, as opposed to the event going viral, would she have been suspended?
I don't work for ESPN and do not know their culture, but my guess is that if this did not go viral, the reporter is still working for ESPN.  And, maybe, she is retelling her story inserting the quips for the amusement of colleagues.  "So I told her, that if I had no teeth maybe I could have her job."  A group chortles.

So, my guess is that ESPN is only reacting because it went public, not because of the behavior.

QUESTION 3  Does an employer have the right to suspend an employee for non criminal behavior that is outside and unrelated to the workplace?
If the answer to this is yes, then we all could be in big trouble.  I have heard some language from drivers in cars that sounds like an x rated monologue. Several drivers can be referred to as an orifice on a short thirty minute journey.  Would the drivers' employers have the right to suspend?  My sense is--unless the driver is driving a taxi or bus--the answer is no.  

This is unlike the NFL suspending a man who pummels his wife or beats his kids.   Both of these are crimes.   An employer does have the responsibility of policing employees who are breaking the law.

I do think that McHenry's behavior was reprehensible.  But I also believe that ESPN should think twice about whether it truly warrants a suspension.