Cain Accuser: ‘Other Workplace Issues Had Been Making Her Unhappy’
Posted on | November 2, 2011 | 41 Comments
The National Restaurant Association gave $35,000 — a year’s salary — in severance pay to a female staff member in the late 1990s after an encounter with Herman Cain, its chief executive at the time, made her uncomfortable working there, three people with direct knowledge of the payment said on Tuesday.
The woman was one of two whose accusations of sexual harassment by Mr. Cain, now a Republican candidate for president, led to paid severance agreements during his 1996-99 tenure at the association. . . .
Four people with contemporaneous knowledge of the encounter said it had taken place in the context of a work outing during which there had been heavy drinking — a hallmark, they said, of outings with an organization that represents the hospitality industry. . . .
Two of them said that other factors had been involved in her severance, and that other workplace issues had been making her unhappy at the association as well. But they said the encounter with Mr. Cain had added an emotional charge and contributed to the size of her payment. One former colleague familiar with the details said such a severance was not common, especially for an employee with the woman’s relatively short tenure and her pay grade.
The question of motive is now before us, you see: A woman is hired at a modest salary, becomes “unhappy” due to “workplace issues,” attends a work-related event where “heavy drinking” took place, had an “encounter” with the CEO that “made her uncomfortable working there” and — presto! — gets paid a full year’s salary to go away.
At this point, of course, we know nothing else about this woman and have no details of the “encounter.” We cannot judge the credibility of an anonymous accused based on the accounts of anonymous “people with contemporaneous knowledge.” However, we can consult Cornell University Law Professor William Jacobson:
Some people are acting like a $35,000 severance payment is a big deal. Trust me, it’s not. It’s less than the cost of defense of a case, and it avoids distractions and publicity which even a weak or false claim can bring. Some large companies will fight these claims even if the cost of defense exceeds a possible settlement, because the company wants to send a message to the workforce that you can’t just make a claim and get a check. But most smaller companies, and certainly a trade organization which needs good publicity, will settle quickly and quietly. I read nothing incriminating into a $35,000 severance agreement with an employee who also had other gripes with the company in addition to the as-yet unspecified issue with Herman Cain.
A quick aside: Where did Americans get the idea that you can sue your employers because you don’t like your job or because your boss said or did something that made you “uncomfortable”? Do we have a right to happiness at work? If I hire somebody to work for me, does this decision imply a guarantee that my employee should at all times be pleased with my behavior?
I do not mean to belittle Cain’s anonymous accuser or to peremptorily dismiss the possibility that Cain engaged in genuinely offensive behavior toward this accuser, or toward the other accuser, or toward anyone else. We do not yet have enough facts to make that judgment — “Let Her Speak” — and given the “he-said, she-said” nature of such cases, it is unlikely that we will ever have any absolute certainty about it. But the fact that a short-term, low-level employee can get a full year’s salary in “go-away money” as the result of such things is profoundly troubling to me.
Throughout my career, when I became fed-up with a job, I would quit. If I didn’t quit, obviously my continued employment was more important to me than whatever unhappiness or discomfort I felt. However, I would have never dreamed of asserting a right to unearned compensation as a result of my disgruntlement at work.
Suggested reading: “Get Out or Get in Line,” by Elbert Hubbard.
David Lee Roth Ain’t Talkin’ ‘Bout Love, But Thomas Sowell Is, To Profound Effect
Posted on | November 2, 2011 | 5 Comments
by Smitty (via The Corner)
Click to view what is truly an excellent dialogue, and one worth sharing with all those who have ears.

If the guy wasn’t 814 years old [ed: first day, new ears], we should have to press gang him into the presidency.
And you can’t write that sort of title without offering a bit of contrast:
Tweet Of The Day
Posted on | November 2, 2011 | 11 Comments
by Smitty
Update: more at The Conservatory.
‘With These GOP Strategists, Our Victory At Cannae Is Assured,’ Said Paullus
Posted on | November 2, 2011 | 26 Comments
by Smitty
Republicans won’t need to put a candidate like Sarah Palin on the presidential ticket this year, veteran party strategist Charlie Black says, because the candidates are already conservative enough.
Asked at National Journal’s Election Preview on Tuesday whether he thought the party might name a vice presidential candidate like Sarah Palin, whose addition to the GOP 2008 presidential ticket excited conservatives — but also turned off independent voters — Black argued such a pick won’t be necessary given the current crop of presidential candidates.
“We don’t have any moderates running,” Black said. “I don’t think there will be any need to do philosophical balance.”
Also impressive: the way these GOP strategists have helped keep the Ruling Class at bay for the last century.
Title reference: Battle of Cannae
via Lucianne
James Garner, When TV Did Not Suck
Posted on | November 2, 2011 | 9 Comments
by Smitty (via Gerard)
Ah, the granola-heads of #OWS. This recalls the Steven Wright line about breaking up with his girlfriend because he was not into transcendental meditation, and she was not into being alive. Of course, the reality seems to indicate there is a healthy dose of pure creep show at #OWS. Back in the day, though, Garner rocked:
On a related note, I’m actually going to TiVo South Park, and even *gasp* watch the thing, on the strength of this:
1%
Get More: SOUTH
PARKEric Cartman,Wendy Testaburger,more…
Still more at Bluegrass Pundit. A full-on STD epidemic would suck, particularly with winter coming on. Could it be the first ever Group Darwin Award?
Eurocrats On Greek Referendum:
‘Are You Serious? Are You Serious?’
Posted on | November 2, 2011 | 37 Comments
by Smitty
Daniel Hannan in The Telegraph with an insider view of the Brussels reaction to the Greek referendum on the latest bailout farce:
I wish I could convey the sheer horror that his proposal provoked in Brussels. The first rule of the Eurocracy is “no referendums”. Brussels functionaries believe that their work is too important to be subject to the prejudices of hoi polloi (for once, the Greek phrase seems apposite). Referendums are always seen as irresponsible; but, at a time when the euro is teetering on the brink, Papandreou’s proposal was seen as an act of ingratitude bordering on treason.
Across the palaces and chanceries of the continent, Euro-elites closed ranks. Nicolas Sarkozy’s spokesman described Papandreou’s announcement as “irrational and dangerous”, Angela Merkel’s called it “irritating”, Silvio Berlusconi’s “negative”. Such phrases, in the mouths of government officials, suggest purple, choking rage.
Read the whole thing. This sounds about right for the pack of clowns that excreted the Treaty of Lisbon. The worldwide choice before us liberty or social democracy. You can fret some media-driven nonsense about Herman Cain’s ‘uncomfortable gestures’, or you can focus on what matters, Americans.
My title, of course, refers to the Worst Speaker of the House in American History, whose disgusting, farcical tenure was the closest American analogue to the EUrocrats.
via The Corner
Update: Zander, in the comments, is a good friend of mine. If I may request people edit themselves a bit, please disagree agreeably with the fellow. Thanks, Chris.
Update II: Linked at The Rio Norte Line.
Update III:Monty over at Ace of Spades
A note about this Greek “referendum”: it doesn’t matter whether it takes place or not. The damage is already done, the demons already set loose. The Greeks have already voted “no”, whether they know it or not.
Ow, ow, ow, a thousands ows, and again, I say: ouch!
Update IV:Oh, and from the comments on Monty’s post, a blast from Tyler Durden at Zero Hedge
The fact that it is impossible for Greece to regain competitiveness while clinging to the euro is becoming increasingly evident. Prominent economists such as Nouriel Roubini, as well as investor George Soros have said as much and influential voices in Greece are now questioning the wisdom of clinging to the euro.
Well, if King George has made the call, time to roll out Rosie O’Donnell in the steel bikini.
Update V: linked at The Camp of the Saints.
Let Her Speak: Cain Accuser Seeks Release from Confidentiality Agreeement
Posted on | November 2, 2011 | 47 Comments
While I was at the American Spectator gala Tuesday night at the Capital Hilton in D.C., I learned that one of the women who accused Herman Cain of sexual harassment has been interviewed by the Wall Street Journal:
A woman who complained about Herman Cain’s behavior when he was president of the National Restaurant Association wants to be released from a confidentiality restriction so she can respond to his statements on the matter, her lawyer said Tuesday.
Washington lawyer Joel P. Bennett said the woman disagreed with Mr. Cain’s public comments about reports that two female employees of the restaurant trade group had accused him of sexual harassment in the late 1990s. Mr. Cain said this week that he had been “falsely accused” and that the complaints were “baseless.”
“My client disputes Mr. Cain’s claims that he never sexually harassed anyone, and that the claims had no merit,” Mr. Bennett said.
A second person, who had knowledge of the woman’s complaint about Mr. Cain, said it entailed more than one incident “and continued over some period of time.”
And I say, let’s hear the whole story — the sooner, the better — directly from the accuser. No more “sources say.” No more anonymity.
No more vague second-hand descriptions that can neither be wholly believed nor entirely refuted. That the accused is a man very much in the public eye, while the accuser is concealed behind a rampart of anonymity, is grossly unfair both to Cain and to the American people. Until the identity of the accusers is made public, and the full account of their accusations can be heard and evaluated, we have no way of judging the credibility of the charges or severity of the alleged offenses.
I predicted from the outset that the press corps would swiftly identity the accusers, that their names would become public and their stories would be heard. Reporters are now staking out the home of one accuser, who is staying with relatives to avoid media scrutiny.
The path down which this story must now go is not a path any decent person would wish to see a political campaign have to travel. But news organizations which are currently protecting the anonymity of Cain’s accusers are merely delaying the inevitable. They will be named, and every fact of their lives that can be learned by reporters (or by private detectives) will be known, most of it probably within a matter of days. Anyone who thinks otherwise is a damned fool, and those editors and reporters who now refuse to name these women will find themselves scooped by someone. Bloggers, the British tabloid press, the National Enquirer, MSNBC — it makes no difference, somebody is going to put their names out there, and PDQ.
It is absolutely impermissible for a leading candidate for the presidency to be publicly accused of sexual misconduct by anonymous accusers. We have been told that the women themselves did not push this story to the press, and they would have preferred that the matter remain confidential. But now that the accusation is public, how can the accusers remain anonymous?
And to hell with a confidentiality agreement at this point. Anyone who thinks it possible to enforce a confidentiality agreement now, when descriptions of these cases have already become front-page news everywhere, needs to wake up to reality.
If you believe Herman Cain’s denial of these accusations, you should demand nothing less than complete disclosure of the entire story, in confidence that he will be vindicated. Whatever the truth is, no one can pretend that there is anything to be gained for anyone by continued secrecy and anonymity.
Meanwhile: A blogger is reporting that the man who followed Herman Cain as CEO of the National Restaurant Associations is — wait for it — a Mitt Romney donor.
Personally, I’d still bet money it was the Rick Perry campaign that pushed this story to the media. A couple of reporters I was talking to at the Spectator gala last night pointed out that Politico‘s Jonathan Martin obviously has very good sources with the Perry campaign.
But I don’t think we’ll know for sure where this story came from until after the GOP convention next summer, and then only if (a) it was Romney whose campaign pushed the story, and (b) Romney wins the nomination. If it was Perry’s campaign that pushed the story, we’ll only find out the truth if the scandal destroys Cain. Then the liberal media will blame Perry for the “racist” destruction of Cain, so that Perry is destroyed in turn, thus ensuring Romney’s nomination. On the other hand, if Cain survives the scandal and wins the nomination, we’ll never know where the story came from.
LIVE AT FIVE – 11.02.11
Posted on | November 2, 2011 | 3 Comments
— compiled by Wombat-socho
TOP NEWS
Israel Takes Punitive Measures After UNESCO Vote
Settlement construction to be accelerated, VAT and customs fee transfers cut off; Netanyahu signs off on wide range of retaliatory measures against PA.
Bank Of America Rescinds Debit Card Fee After Customer Revolt
Follows lead of Chase, Wells Fargo
Greek Vote Sets Off “Pandemonium”, Engulfs Italy
Papandreou’s Socialists may lose vote on Friday; outcome of referendum extremely uncertain
POLITICS
Amid Accusation Furor, Cain Visits Capitol Hill
Cain meets with Congressmen to discuss health care, get to know potential allies in his fight for the nomination
California Math, Reading Scores Come Up Short
Only Mississippi, DC worse
Military Policeman Arrested On Suspicion Of Espionage
Oakland Mayor Jean Quan Under Fire Over #OWS Protests
Perry Pushes End To Energy Subsidies As He Attacks Romney In Iowa
Crack Penalties Eased, Inmates Freed
Colorado Voters Snub Tax Increase For Schools, Colleges By 2:1 Margin
California Bullet Train’s $98 Billion Price Tag Could Be Biggest Obstacle
THE ECONOMY, STUPID
Euro Up On Short Covering But Outlook Bleak
Asian Stocks Decline For Third Day As Greece Upsets Euro Plan
Corzine Brokerage’s Collapse Draws FBI Attention
Foreclosure Review Process Affecting 4.5 Million Begins
Sony Slashes Forecast To Fourth Straight Loss
Daily Circulation Falls For All Three Chicago Papers
Gates’ Hand In The Death Of Microsoft’s Courier Tablet
HP Plans Low-Power Servers Using Calxeda ARM Chips
Yahoo To Buy Ad Services Provider Interclick For $270 Million
HTC Takes Lead In US Smartphones As Apple, RIM Decline
SPORTS
Frank McCourt’s Selling The Dodgers?
McCourt to seek Bankruptcy Court permission to sell team
Mark Cuban: Billion Dollars Too Much For Franchise
Six Schools Get Big East Invitations
Phillies’ Polanco Wins Third Gold Glove
Tigers Stay Loose Before Showdown With Tide
Bruins End Skid With Win Over Ottawa
FAMOUS FOR BEING FAMOUS
California Woman Files Paternity Suit Against Justin Bieber
Woman claims three-month-old child is Bieber’s from backstage bang
Scarlett Johansson Talks About Nude Pix She Sent To Ryan Reynolds
“Glee” Star’s Father Stabbed To Death In Philippines
Amanda Seyfried To Play Linda Lovelace
Michelle Trachtenberg Returning To “Gossip Girl”
FOREIGNERS
Thai Flood Death Toll Reaches 381
Libya’s New PM Low-key Technocrat
Afghanistan A Proxy War Between Pakistan, India
UK, US Reject Calls From PRC & Russia For Tighter Controls On Internet
Iranian Economy Minister Survives Impeachment Over Banking Fraud Allegations
Saudi Crown Prince Nayef: No Compromise With Iran
French Satirical Newspaper Firebombed After Prophet Mohammed Announcement
US Military Extends Curfew In ROK After Soldier’s Rape Conviction
BLOGS & STUFF
NRO Corner: Cain Has Biggest Fundraising Day Yet
Ed Morrissey: Iowans Strangely Unmoved By Vague, 12-year-old Allegations About Cain
Pat Dollard: Cain Accuser Demands Waiver Of Settlement Agreement
Lonely Conservative: Bloomberg Tells #OWS Don’t Blame Banks For Mortgage Crisis, Blame Congress
Ed Driscoll: OWS – When The Bridge Collapses
Weasel Zippers: OWS Leads To Layoffs Among the 99%; 21 Restaurant Workers Lose Their Jobs After Protests Kill Business
Michelle Malkin: Occupy Oakland’s Dangerous “Strike” Follies
Esquire: The Case Against David Brooks, Man Of The Privileged Few
Gateway Pundit: Sex Offender Arrested For Raping 14-year-old At Occupy Dallas
Marginal Revolution: Why Greece Is Turning Down The “Bailout”
Jonah Goldberg: Tim Pawlenty’s Lost Chance
Matt Welch: The Only Thing Missing From “The New Declaration Of Independence”
SOTD: Tonight’s The Night




