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Ethics in the workplace
Ethical dilemma in the workplace abstract
Ethics in the workplace
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In dealing with a person’s livelihood, and often, sense of self, it is of no surprise that ethical issues regarding employment practices are of great concern. The issues of employment at will and due process contracts in the workplace are among the most widely contentious in the realm of employment. Employment at will is the doctrine that employment may be ended, by either party, for good, bad or no cause at all.1 Due process, on the other hand, is the employment practice in which a person may appeal a decision as a means of receiving an explanation and the opportunity to argue against it.2 Employment at will is the standard in the majority of private corporations today and is argued for relentlessly by freedom of contract enthusiasts, however, it is becoming ever more apparent that employment at will contracts reflect the old corporate maxim where the single bottom line, profit, is accented and the well being of other stakeholders, in this case the employee, are of little or no influence. Due process should be accepted as the prevalent employment system as it shelters employees from the hostile actions of the more powerful employer, provides a stable, bilateral contract between both parties and portrays the growing ethical concerns of society.
The process of carefully looking at every decision and the repercussions of that decision is simply good business practice. Every company audits its decisions to make sure its what is right for the company. Firing practices should be no different. To draw some arbitrary line at this point to allow for firing an employee without cause is unethical and egregious business conduct. Due process is simply a sound way of carrying out the practice of removing an employee from the services of a c...
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... for unproductive works to remain in their positions is inaccurate and the same rules of work apply to individuals in both at will and due process contracts.
The two other main reason given by Epstein in his paper supporting employment at will contracts is morally impermissible. He argues that the administrative costs of employment at will are cheap. In other words, being able to fire anyone at anytime without the political process behind it is simply cheaper than treating employees with respect and dignity. In saying that administration costs for due process are too big of a burden shows simply that employment at will contracts treat employees as property to add and remove as the employer pleases. This idea can be dismissed based on ethical grounds alone and in todays business environment is not conducive to the cohesive units that many employers hope to become.
In Laduzinski v. Alvarez & Marsal Taxand LLC, plaintiff was looking for a job with defendant, Alvarez & Marsal Taxand LLC. Plaintiff, Laduzinski, claimed that he was lured away from his job under false pretenses since defendants hired him to get access to his contacts. Nine months later, after plaintiff had given all his contacts, the manager of the Alvarez companies fired him because there was no work for him. Laduzinski brought a claim to recover damages for fraud in the inducement. The lower court dismissed plaintiff’s claims because plaintiff was an “at will” employee. After Laduzinski appealed, the issues were whether the complaint stated a cause of action for fraudulent inducement, despite that Laduzinski was an at-will employee; and whether the alleged misrepresentations were actionable statements of present fact or non-actionable future promises.
In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of ambiguous language that could allow them to get sued or sue. Consequently, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their manuals with experienced legal staff. Even with the best legal team and the perfect wording there is still no definite assurance that an employer will be completely protected from such lawsuits, but taking these preventive measures helps in the long run.
Moran, J. J. (2008). Employment law: New challenges in the business environment. New Jersey: Pearson Prentice Hall.
Bennett-Alexander, Dawn D. & Hartman, Laura P. (2001). Employment Law for Business (3rd ed.). New York: McGraw-Hill Primis Custom Publishing. Downloaded February 4, 2008 from the data base of http://www.eeoc.gov
...gree and believe that they could get real results if everyone would consistently apply the company’s principles. I have learned personally in the business world consistency means a lot, all employees should have the same consequences. By letting go employees, managers and executives shows that the rules apply to all levels. It will cause everyone involved to have more respect for the company even if they don’t agree with the decision.
Mortimer, M., 2006. Employment Law and Labor Law. Employlaw.com retrieved December 11, 2008 from: http://www.employlaw.com/hoffa.htm
The case Hollis v Vabu Pty Ltd[1] confirms the long held doctrine that employers are vicariously liable for the negligence of their employees during the course of their employment. In comparison to cases such as Humberstone v Northern Timber Mills[2] and Stevens v Brodribb Sawmilling Co Pty Ltd[3], which appear to contribute to the development of the application of common law to evolving social conditions, the Hollis v Vabu Pty Ltd case may be considered as taking a step back in affirming the traditional notion of ‘control’ when determining the nature of employment relationships. The following will critically analyse the ratio and the legal and commercial implications prevalent in this case.
Remington, J., Heiser, R., Smythe, C., & Sovereign, K. (2012). Human resources law (5th ed.). Upper Saddle River, NJ: Prentice Hall.
United States of America. National Employment Law Project. National Employment Law Project. N.p., Jan. 2011. Web. 18 May 2014.
There is a low commitment from top management regarding employment equity, which results sometimes only in lip service from said management about the need thereof but in reality nothing happens.
These steps are helpful in reducing the amount of permanent employees that must be involved in a layoff. These steps are important because there are procedures that are very specific to follow. "Dismissal is a managerial task that is not easy, and it rarely becomes easier," states our text (Fallon & McConnell, 2007). It is important for the manager to work with HR and be in agreement concerning the details of termination and agree that all required information is available; the supervisor or HR must ensure that organizational policies have been followed. Taking these steps help to
Nonetheless, once worker sign agreements with the employers, they become binding to each employee (Fossum,
The doctrine of employment at-will provides that employers may hire, transfer, promote, or terminate employees at any time for any cause, and employees have the right to resign at any time with or without notice (Reed & Bogardus, 2012)....
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).