We believe that both the employee and the employer were unethical in this case because it illustrates a degree of moral intensity. The employee had a due diligence to the employer and should have brought his concerns to higher management instead of blogging it on a low profile under a false name. The employer had a due diligence to the employee and should have expressed their concern to the employee. The employer could of asked the employee if he could have deleted the blog or edit it so that the name of the employer was not mentioned. The degree of harm that could have happened to the company was not justified because when a search was made in an Internet search and the blog was not easily accessible in the public domain and this does not give the employer the just cause for termination of the employee.
Memo for Boss To: Mr. Angel Law Firm Boss From: Attorney Clapper Date: May 4, 2014 Re: Memo addressing concerns of the client Dear Mr. Angel, I would like to address some of the concerns for our current client in hopes that this will help ease her worries. I understand that she is the current victim of a sexual assault but she did not report what had happened to the police. It is my understanding that she would like to sue the person and possibly have him put in jail on charges for the crime. I do feel that the client does need to know her rights and deserves to have justice. I have conducted some research for her that I am in hopes she will find informational and helpful to her.
What details can individuals repress and not be compelled to divulge to others ? Accessibility is concerned with what data does an individual or a corporation have a right to attain, in what circumstances and with what precautions ? Samples of recent cases that detail these ethical breaches are detailed below. “On April 30, 2009, the Virginia Department of Health Professions found that the secure website of its prescription monitoring program had been hijacked and the home page replaced with a ransom demand” (Smith, 2013, p. 78). This particular and jarring debacle had to do with accessibility to patient files and the privacy expected when it involves information contained in patient files.
This choice was made to benefit themselves at the expense of the 21,000 employees that lost their jobs and the numerous other stakeholders that suffered financial losses. Sometimes using the Utilitarian Rule to decide if an act is ethical or not is difficult because it can be hard to decide if the severe harm of a few is worth the moderate benefit of all others. In this case, however, I believe it is very clear that the harm of the majority was much greater than the benefit of the few executives. Another ethical rule that you could apply to this case is the Moral Rights Rule. The Moral Rights Rule defines a decision as ethical if it protects people’s fundamental rights.
What should the court decide? Why? > Background check is very important before hiring an employee because it presents the potential liability of employers for the harmful acts of the people they hire. Employers are generally responsible for the actions of their agents so they should avoid negligent hiring. If an employer fails to meet its duty to conduct an adequate background check and hires an unfit employee who uses his or her position to inflict harm on others, that employer may be liable for negligent hiring.
If Newcorp can produce the Corrective Action Plan, the company will have the supported evidence to terminate Ms. Grey base on unsatisfactory performance. In the employee manual signed by Ms. Grey at the start of employment, the company states “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow.” Ms. Grey will not have a case. If Newcorp cannot produce the Corrective Action Plan, Ms. Grey will have a case. The court will most likely upheld the employee manual for terminating employees for unsatisfactory performance.
Top executives of companies are hired to improve performance and the pressure to do so can lead them to take unethical action to ensure their success. Publicly traded companies are consistently pressured by internal and external stakeholders to perform at higher level. When organizations are about to release financial reports that would possibly lead to a financial loss to the shareholders, the pressure to perform unethical accounting practices will increase. There is an opportunity to adjust the numbers so the financial reports will represent a more desirable outcome. Employees have the same opportunity to perform unethical accounting activities as the top executives.
Fraud and Risk Fraud is a serious crime that affects individuals and groups differently. Whether it is a small organization or a large firm, fraud remains a relevant risk to the success of a company. Fraud that is uncovered within a company can often indicate the end of that organization's existence, which means that companies have to take special care to protect themselves as well as the many employees who depend on them everyday for survival. The advent of fraudulent cases where individuals within organizations take advantage of a company's profits through technology or other means has created an increasing important need for companies to invest in fraud risk assessments, which helps to protect the company and its members. Cases like Enron, Madoff and other fraud cases have left companies vulnerable regarding how to resolve potential problems that may be related to fraud.
Termination • Some people have been terminated for whistleblowing even though it is illegal. If you are terminated, you have to prove a whistleblowing violation. For example, an employee needs to prove that he engaged in a protected activity such as asking for overtime pay, reporting sexual harassment or applying for medical leave, and that the employer took action to prevent it. If you are fired for whistleblowing, it is within your right to file a lawsuit against the employer. Mistrust • One of the effects whistleblowing can have on a company or organization is a lack of trust in the internal system.
These are all positive values. But these values were not balanced by genuine attention to corporate integrity and the creation of customer – and not just shareholder – value. Because the Enron corporate culture was not well grounded, a single scorecard – maximized price per share of common stock – became its reason for being, and even its positive values became liabilities” (Schuler, 2002, para. 3). Unethical professional values were symptoms of systemic problems for Enron.