David Letterman Got it Right, and Unbelievably Wrong

Jim Stillman
Last week, faced with an extortion attempt by someone who threatened to expose one or more affairs in which David Letterman had allegedly had with women employed by his production company and supervised by him, took the correct action. He disclosed the facts to his audience and, as the saying goes, stayed ahead of the curve. During the past years, we have witnessed numerous public figures who had engaged in immoral, or at least unworthy, behavior and decided to engage in a cover up of the incidents. From Richard Nixon and Watergate to Bill Clinton and his hanky-panky and the many evangelical preachers and politicians who have acted in a shameful manner, it has been shown time and time again that the "cover up" is far worse than the event sought to be hidden from view. It is far better for the accused to "fess up", take the public heat, plead for forgiveness and at least appear contrite! Most people, with some exceptions, will, eventually, forget if not actually forgive.

So Mr. Letterman was smart and did the right thing.

He was also unbelievably and incredibly stupid for having an intimate, or even a close social relationship with a woman under his supervision and authority. That is the sure and certain route to a sexual harassment accusation and, however enticing the lady is, 'taint worth it.

I will assume that the relationship was between two consenting unmarried adults and that no one was under any actual or implied duress; for the purposes of this discussion, moreover, I will assume that Mr. Letterman did not reward the lady or ladies, by money, promotion, favoritism or otherwise. It was still stupid because, by having an affair with a subordinate, he was placing himself, his production company, the CBS network and possibly others in financial jeopardy.

Take a few examples. Dave and Sally are having a fling; Dave has the power to fire Sally, award her a Christmas bonus and determine the amount. Sally is an exemplary employee and receives a promotion, a coveted assignment, a substantial bonus - all of which she has earned on the merits and deserves. Two possible scenarios can cause grief. First, Mary who also works for Dave feels that Sally is being treated "too well" and feels that she, Mary, is in a "hostile environment". Cue the lawyers! If Mary is discharged or receives lesser assignments or smaller bonuses, the folks with briefcases at the ready will come "aknocking" at the door.

Or, alternatively, Sally and Dave break up and Sally realizes that she has been sexually harassed all this time. Forget that she may not be able to prove it in court; the mud will stick to Dave's unzipped trousers.

Assume that Dave still hasn't learned that dallying with subordinates is not very bright, Sally is now gone and, hoo-hah, here comes Victoria who has few secrets and, instead of Betty, there is Veronica! The chances for liability are increased exponentially. Again, if a defendant in a sexual harassment suit wins a verdict, he or she still suffers the indignity, publicity and expense of defense.

Dave, I hope the affair(s) was/were worth it.

Published by Jim Stillman

Retired from Florida Department of Revenue after 25 years.and retired New York attorney. I am a liberal with regard to social responsibility and, likely, a Libertarian otherwise.  View profile

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  • Jim Stillman10/20/2009

    George, that is the moral of the story. Regardless of the morals involved (forgive the pun) only bad things can happen when one diddles with a subordinate.

  • george chavez10/20/2009

    It will be interesting t see how this all plays out. I have long been a fan of Letterman. My father once gave me words of wisdom that I have use for to this day in regards to messing around at work..."You don't sh*t where you eat" he was a man of few words.

  • Rick Biddle10/7/2009

    Been there / done that ... wrong and stupid. Even if there is no legal ramnification or public embarassment, doing one's job becomes difficult and other employees are sometimes involved whether they want to be or not. The employer ends up getting cheated out of time and effort. Wrong, stupid and selfish to expand the description. Remember, Harm and Mac did not hook up until the very last episode of JAG.

  • Jeff Musall10/6/2009

    I can personally attest to the stupidity of a relationship with someone who works under you....yep, it's stupid!

  • Michael Segers10/6/2009

    You know, Jim - and I'm sure you do - it finally is not so much a matter or right or wrong as it is of stupid or not. Thanks for an insightful essay.

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