I started reading a story this morning about a restaurant in Montana that was suing Dex Publications for placing the restaurants listing under “Animal Carcass Removal”.
http://www.cfnews13.com/article/news/ap/september/309367/Restaurant-sues-over-Carcass-Removal-listing
For a couple minutes of reading the story, I was really feeling sorry for the restaurant “Bar 3 Bar-B-Q” and for Dex as well since, to me, mistakes can happen and Dex did say that they were working to try to correct the error. I felt especially sorry for the restaurant when the whole think went viral thanks to email forwards and I jab that Jay Leno had to make about the story.
I do know that companies like Dex do try to correct errors like this immediately and that, in print at least, they have to wait for a new publication of a phone book to come out before it is truly resolved. but then I got to the part in the story where they quoted the publishers response to the law suit and my jaw dropped.
To quote the story:
“In Dex Media's response filed with the court, though, the company said the restaurant "assumed the risk of errors" when it authorized its telephone number to be listed in phone directories. The restaurant gave that authorization when it bought telephone service through a local telephone service provider, the response said.
Dex Media's response also said that someone from the restaurant negligently berated a Dex employee. The restaurant should have foreseen that could have had negative consequences, so the restaurant is at least partly responsible for the damages, the publishing company said.
The company also argues that Dex is not responsible for the conduct of its employees if they operate outside the scope of their employment _ and the employee who changed the restaurant's listing to appear under the "Animal Carcass Removal" heading was operating outside the scope of his job.”
ARE YOU KIDDING ME?!?!
Now, I want to make this clear and get this off my chest before I start getting into full “rant mode" here, any company, especially one that has such a public presence as a telephone publication company, is fully responsible for what their employees do particularly if it has an impact on that company in the public eye. Therefore, if you have an employee that does something spiteful to a customer, and that is clearly the case here, YOU ARE NOT TO TURN A BLIND EYE TO IT AND SAY IT WASN’T YOUR FAULT! The reason is simple, you are going to get people like me that are going to call you out on it and make you regret your words.
To put it simply so that your child-like attitude can grasp it everything an employee does that effects your customers in any way is inside the scope of their job whether it is part of their job description or not
This Dex employee, while trying to make a sale, may (and I say that because is no word as to if the berating actually occurred) have been been given a stern and perhaps rude NO while trying to sell advertising but, that is no excuse for this employee to turn around and, out of spite, puts a reputable company under a listing that would obviously have a negative impact on the restaurant.
So, let me tell you, Dex, why, not only you should take full responsibility but also be berated yourself.
Reason #1: When you hire an employee, especially in a sales or marketing position, it is with express understanding that this person is going to be representing your company. Therefore, you assumed the risk not your customer. Every action or even inaction that they take is going to be viewed by everyone else as an action or inaction of your company. Therefore, if your employee does something as detrimental as this scenario indicates, not only did your employee do it, but the company did it as well. Therefore, it is ALWAYS your fault.
Reason #2: When the company states "assumed the risk of errors" when it authorized its telephone number to be listed in phone directories.” You could never be more wrong. If I were to come to you and ask you to list my company under “Webpage Design” I don’t want to find it under “Funerals/Undertakers”. The main reason that people list their companies under categories in the phone directories is so that those looking for their specific services will find them.
The very idea that this customer assumed the risk of errors in this case is more stomach churning then the heading you placed them under. Then to shrug it off like “oops, my bad” is just simply unprofessional and condescending and you should loose this case for that reason alone. Yes, mistakes happen, especially where humans are involved however, you should have procedures in place that will prevent such incidences and compensate your customer if it does happen.
To be fair, the story does not state if Dex had fired the employee or not (which would be a prudent move on their part) however, poor customer service has always been a major pet-peeve of mine and when I see things like this it just really rakes my last good nerve. Dex should, without even being asked, make this right. They should have settled this a long time ago. Not only should they now compensate the Bar 3 Bar-B-Q for its loses in revenue but they should pay for the advertising the restaurant had to do to help rebuild their reputation and pay for punitive damages because they want to put the fault back on the restaurant. I hope the judge in this case has the moral and ethical fortitude to make Dex truly pay in this case. I will be following this case carefully.
http://www.cfnews13.com/article/news/ap/september/309367/Restaurant-sues-over-Carcass-Removal-listing
For a couple minutes of reading the story, I was really feeling sorry for the restaurant “Bar 3 Bar-B-Q” and for Dex as well since, to me, mistakes can happen and Dex did say that they were working to try to correct the error. I felt especially sorry for the restaurant when the whole think went viral thanks to email forwards and I jab that Jay Leno had to make about the story.
I do know that companies like Dex do try to correct errors like this immediately and that, in print at least, they have to wait for a new publication of a phone book to come out before it is truly resolved. but then I got to the part in the story where they quoted the publishers response to the law suit and my jaw dropped.
To quote the story:
“In Dex Media's response filed with the court, though, the company said the restaurant "assumed the risk of errors" when it authorized its telephone number to be listed in phone directories. The restaurant gave that authorization when it bought telephone service through a local telephone service provider, the response said.
Dex Media's response also said that someone from the restaurant negligently berated a Dex employee. The restaurant should have foreseen that could have had negative consequences, so the restaurant is at least partly responsible for the damages, the publishing company said.
The company also argues that Dex is not responsible for the conduct of its employees if they operate outside the scope of their employment _ and the employee who changed the restaurant's listing to appear under the "Animal Carcass Removal" heading was operating outside the scope of his job.”
ARE YOU KIDDING ME?!?!
Now, I want to make this clear and get this off my chest before I start getting into full “rant mode" here, any company, especially one that has such a public presence as a telephone publication company, is fully responsible for what their employees do particularly if it has an impact on that company in the public eye. Therefore, if you have an employee that does something spiteful to a customer, and that is clearly the case here, YOU ARE NOT TO TURN A BLIND EYE TO IT AND SAY IT WASN’T YOUR FAULT! The reason is simple, you are going to get people like me that are going to call you out on it and make you regret your words.
To put it simply so that your child-like attitude can grasp it everything an employee does that effects your customers in any way is inside the scope of their job whether it is part of their job description or not
This Dex employee, while trying to make a sale, may (and I say that because is no word as to if the berating actually occurred) have been been given a stern and perhaps rude NO while trying to sell advertising but, that is no excuse for this employee to turn around and, out of spite, puts a reputable company under a listing that would obviously have a negative impact on the restaurant.
So, let me tell you, Dex, why, not only you should take full responsibility but also be berated yourself.
Reason #1: When you hire an employee, especially in a sales or marketing position, it is with express understanding that this person is going to be representing your company. Therefore, you assumed the risk not your customer. Every action or even inaction that they take is going to be viewed by everyone else as an action or inaction of your company. Therefore, if your employee does something as detrimental as this scenario indicates, not only did your employee do it, but the company did it as well. Therefore, it is ALWAYS your fault.
Reason #2: When the company states "assumed the risk of errors" when it authorized its telephone number to be listed in phone directories.” You could never be more wrong. If I were to come to you and ask you to list my company under “Webpage Design” I don’t want to find it under “Funerals/Undertakers”. The main reason that people list their companies under categories in the phone directories is so that those looking for their specific services will find them.
The very idea that this customer assumed the risk of errors in this case is more stomach churning then the heading you placed them under. Then to shrug it off like “oops, my bad” is just simply unprofessional and condescending and you should loose this case for that reason alone. Yes, mistakes happen, especially where humans are involved however, you should have procedures in place that will prevent such incidences and compensate your customer if it does happen.
To be fair, the story does not state if Dex had fired the employee or not (which would be a prudent move on their part) however, poor customer service has always been a major pet-peeve of mine and when I see things like this it just really rakes my last good nerve. Dex should, without even being asked, make this right. They should have settled this a long time ago. Not only should they now compensate the Bar 3 Bar-B-Q for its loses in revenue but they should pay for the advertising the restaurant had to do to help rebuild their reputation and pay for punitive damages because they want to put the fault back on the restaurant. I hope the judge in this case has the moral and ethical fortitude to make Dex truly pay in this case. I will be following this case carefully.
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