Text 27356, 96 rader
Skriven 2009-02-09 09:25:42 av Ross Cassell (1:123/456)
  Kommentar till text 27355 av Michiel van der Vlist (2:280/5555)
Ärende: Phelps Smokes a Bong
============================
Hello Michiel!

09 Feb 09 14:27, you wrote to me:

 RC>> I bet the TV News Anchors at your local TV station have contracts
 RC>> that enable the station to dismiss them or reassign them, should
 RC>> said anchor get into trouble?

 MV> I don't know for sure, the conract are not on public record, but I
 MV> severely doubt it. I have never heard about "morality clauses" in such
 MV> contracts. Nobody ever tried to slip something like that on me, and I
 MV> have had some resticting contracts tried on me....

I bet they do exist.. The marketting and media industries are very cut throat
and image is everything. A news anchor isnt going to gain an audience, keep one
or be trusted by one if they are known to have committed an act that society
would consider illegal or immoral.

Dan Rather was forced off his position at CBS when he used questionable
information that was not the truth.

Of course poor ratings is often reason enough to dismiss or switch anchors as
well.

 RC>> Its not party line, its called a moral clause to account for the
 RC>> persons conduct, which could have an adverse affect on the
 RC>> company paying said person..

 MV> That is the risk you take as an employer when you hire someone. No
 MV> risk, no profit.

The employer isnt the only one with risk, the employee has it to and both sides
via contract have responsibilities to uphold..

I dont think you quite get it, a contract protects both parties, it spells out
what the employer will do if the employee does what s/he must do. Once signed,
either can sue the other if the contract is breached.

 RC>> Kelloggs was paying him bookoo dollars to endorse their products,
 RC>> it is not unreasonable for them to structure the contract to
 RC>> allow them to withdraw from it, should he conduct himself in a
 RC>> way that could have adverse affect on them as well.. They wanted
 RC>> a 8 Gold Medal Olympic Swimmer endorsing their products, not a
 RC>> pot smoker.

 MV> As I said, that is the risk when you hire someone to promote a
 MV> product.

Thats why there is a contract, the contract:

* Insures Phelps gets compensated xx amount for doing x amount of commercials
  and x amount of this, that and the other thing, over a specified period of
  time.

* The employer is bound by that if Phelps hold up his end of the bargain and
  could face much more losses if they breach and he sues.

* The morals clause allows the employer an out if the employee imperils his
  image or reputation.

 RC>>  Phelps knew the price and he is paying it.

 MV> You know, I never knew Kellogs was Phelps' sponsor until you mentioned
 MV> it. Seems he did them a favour after all.... ;-)

They and one other sponsor left him, the rest of his sponsors are backing him
up, probably because of his swift and sincere admission and self-admonishment.

I would imagine that his sponsorship ads will cease for a while to allow this
to blow over.

It would be good PR for him to do a couple public service announcements (PSA's)
to acknowledge his actions and to urge others not to do so?

 RC>> If you headed a company that made super duper widgets and you
 RC>> hired a National Celebrity to endorse your product, what would
 RC>> you do if that celebrity while out on his own time raped 3 woman
 RC>> and admitted to it? Would you want a rapist endorsing your
 RC>> widgets?

 MV> In that case the problem would solve itself. When he gets convicted,
 MV> he goes to jail and can no longer fulfil his part of the deal. And
 MV> *that* is ground for dismissal.

Not much different from a morals clause, which would prevent someone from
fulfilling their end of the deal. A well known celebrity is a markettable
product for as long as the public see's them that way. If a endorser injures
their marketability then they cannot uphold their end of the deal.

==
Ross
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