Ethics in Business: Whistleblowing, Motivations, and Ethical Decision-Making
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This article discusses the duty of loyalty of employees, whistleblowing, motivations for whistleblowing, and ethical decision-making in business. It also explores utilitarianism theory, Kantian theory, and ethics of care.
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Running Head:ETHICS IN BUSINESS1 ETHICS IN BUSINESS AUTHORS NAME UNIVERSITY OF AFFILIATION
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ETHICS IN BUSINESS2 Introduction An employee is certain to deliver service to the employer as per the terms of the employment contract, either oral or written. Above all the worker is obliged to render diligent, trustworthy and faithful services even in the nonappearance of a particular contract to that outcome. It is therefore evident that an employee has a duty to act with highest good faith in the progression of the firm interest (Wolf, Baldwin & Associates, P.C., 2014).The duty of loyalty is expressed in the day to day activity through an employee not agreeing to act during their employment period. When a person is hired to search for commercial prospects for one company, it is a fissure of the personal duty of trustworthiness to divert the commercial to a company that is in the competition with the organization with whom the people has been employeed.it is violation of loyalty duty to reveal employer secrets of trade to a competitor, in addition it is violation of duty to use the trade secrets of an employer to benefit another employer. Every employer has hired a certain employee for some specific reason and purpose: example to serve the firm intrest.Every employee when they were hired they entered into a form of contract with the employer, due to that effect the employee accepted to work towards the business interest and the employer will reward the employee accordingly (Jackson, 2014). Whistleblowing Whistleblowing is the act of drawing the public attention to perceived wrongdoings activity that is unethical and misconduct (HRZone, 2014).Some of the activities that are highlighted by the whistleblowers include fraud, corruption, bullying safety violation, and cover-ups.Employers majorly do suffer damage to their reputation due to the whistle that has been blown. The person behind this activity usually suffers reprisal from the employer. There are cases when the retaliation becomes so severe that they turn into persecution face. There are times when the retaliation comes from the channels that are legal especially when the whistle blown were out of illegitimate reasons. Employers are encouraged to adopt a policy on whistleblowing that will encourage the employees to draw attention to the risky behaviors and wrongdoings (HRZone, 2014).This is because, in the scenario where legal action has been taken against a company due to internal wrongdoings, promotion of whistleblowing that is strong may act as a legal defense part.
ETHICS IN BUSINESS3 Statutes on whistleblowing, protect the employee from facing discrimination and discharge due to initiating the employer activities investigations or has been in cooperation with the regulatory agency in the carrying out of an inquiry. In the federal civil service, personnel action is prohibited from the government against an employee due to an employee disclosing information that revealed the violation of the law. Factors that motivates whistleblowing It is a wish for all the companies to conduct their business in a way that upholds the strongest the ethics standards. However, that might not be the case for some private and government companies,astheysometimesstrayfromupholdingtheethicalstandardsrequired.The whistleblowers can uncover all the wrongdoing within an organization in order to correct the wrongdoings. Experts have found that majority of the whistleblowers are employees who are dedicated to working and not employees who are only interested in the personal gain. Some of the factors that motivate whistleblower include: To bring change that is positive in the firm A whistleblower is a person who has a keen interest in the success of the firm. They work hard to ensure that the business achieves its goals and perceive themselves as people having a personal stake in the future of the company (Employmentadvocacy.com, 2016).When they decide to uncover any form of wrongdoings, misconduct, and fraud being conducted by the supervisor, co- workers or the department, they do so because they have an interest in the firm success and therefore they make an attempt to improve the firm operations. Public protection. A person might choose to become a whistleblower with an intention of protecting the general public and consumers. In many cases, the wrongdoing of a firm has an impact on the consumers through bringing some risks. For example, a whistleblower might work for food Production Company that uses chemicals to manufacture and preserve food. The person might uncover some of the medical evidence that the chemical used has a long-term effect on the body of the consumer and some disease that are likely to be caused by the consumption of such food. Nonetheless, the whistleblower might have realized that the medical proof was under no
ETHICS IN BUSINESS4 circumstances shown to the community. One can decide to become a whistleblower since they have great concern for the consumers who consume that particular food. To acquire compensation One of the advantages of becoming a whistleblower is that in case any money is recovered due to the result of the whistleblower, the person is entitled to a portion of the money. This is the reason behind why whistleblowers do have a bad reputation. It is of significance to note that majority of the whistleblowers to report problems they are facing to the supervisors and the management, suppose the issue is left unfixed, the person will turn to an attorney on labor law for help (Waytz, 2015). Whistleblowing is an ethical obligation Majority of the employees will speak out because they strongly believe that they do have an obligation to do so.They act as a great professional and personal risk in order to bring the wrongdoing to light. They always face very serious reprisal from their employees comprising of demotion and even termination. Whistleblowers are mostly very conscientious individuals who are acting on behalf of the public with no intention of acquiring a financial windfall (Marshall, 2015). Evaluation of self interest Employees do face an ethical situation that is difficult to handle in their day to day activities of carrying out their jobs. Employee decision comprises of the ethical consideration that has to be made, nevertheless it is of significance for the employee to recognize the elements of ethics that are embedded in their daily task. They are required to reason through the ethical decision as they would have in any other problem that they face. In most times the ethics circumstances include the matters that are either accurate or mistaken when arbitrated by the firm code of conduct. In addition majority f the decision made by the employee are considered legal, although there are other times when the decision will go beyond the boundaries considered legal and be illegal. Having an assumption that the law is just on its own, the decision made by the employee are not problematic morally in that what to do to make a decision that is morally upright. In such scenario making, the decision to breakdown the law or to participate in something that is not in agreement with the code of conduct is considered unethical.
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ETHICS IN BUSINESS5 Ethical decision-making problems majorly arise for employers when the decision involves a moral conflict that is a scenario whereby the person has to choose from a variety of numerous ethical thoughts which times conflict with each other. During such situations, the employee has to think carefully through the penalties and the implication of the ethical decision in mindfully and thoroughly way so that the conceivable conclusion can be easily made given the moral contemplations. In order to help the employee thinks through in an ethical manner, a framework has been designed to help the employee (Gray, 2015). Utilitarianism theory Utilitarianism theory state that something is considered upright or ethical when the highest number of people benefit from the highest quantity of good produced by it (Muscato, 2016).This theory asks whether a particular action is moral or immoral, bad or good. This theory answer the question through an analysis of the economy which places emphasis on the human lives and decides that those actions which can bring happiness to people are good. Through the use of utilitarian analysis, a cost benefit analysis approach, it suggest that it might not be sufficient enough to make a decision that is ethical in moral conflict scenario on its own.In the utilitarian analysis, the benefits and the harms of any judgment to the various parties which would be exaggerated by the decisions are gauged, with some weight placed on the various benefits and harms that would evaluate their notch. Majorly in the utilitarian analysis, it focuses on the good of the large group as opposed to that of any individual, not unless there will be a serious harm that will be incurred by the individual. Placing a collective, which includes the firm interest as opposed to that of an individual lead to avoidance of the self-interest problem (Westacott, 2012). Kantian Theory Kantian theory recommends that justice should be taken into consideration using the notion of the categorical imperative. The theory has pointed out three factors that should be taken into account. First, one should only act on what would be acceptable if it were a law that is universal. Secondly, one should only act toward humanity, towards the good end. Lastly, one should only actfreelyinconsistencywiththelawthatisuniversal(Csus.edu,2018).Thecategorical imperative means that some things just must be, without any more justification or clarification as to why they exist. An employee has to put into consideration justice when faced with a tough decision to make.The decision requires fairness, equity, and impartiality in the employee
ETHICS IN BUSINESS6 decision making, specifically with the respect to the benefits that will be obtained from the decision. The principle of justice invites the employee to make the decision behind a veil of ignorance which suggests that they are not aware of the position of the system after they have made the decision. Under the veil of ignorance, the employee is forced to put into consideration the fairness of the decision to any party which will be affected. Ethics of care In the moral conflict assessment, an employee should look at the impact of the decision of the relationship network which will be exaggerated. This perception is referred to an ethic of care. Based from this perspective, it is evident that a person ethical duties will vary rendering to how close a person is to another (Miller, 2016).Suppose a person is close by to another, e.g. a family member, there responsibility moral will be more as opposed to that of an unrelated person. In the firm, more consideration can be given to decision made by the long-term employees who are considered to have a very tight connection to the organization as opposed to the employees who have been newly hired. Conclusion Employees do have an obligation of loyalty to the firm. Employer hired various employees to server particular role in the organisation,and every employee is obligated to ensuring that the firm interest is protected. It the duty of the employee to report any misconduct or wrongdoings within the organization which can lead to the organization failure. A whistle-blowing employee should not be viewed as a traitor by the firm. The employee is obligated to follow the right procedure in reporting any form of misconduct. Business can identify its loopholes that cause the failure of the employee through whistleblowing. The managementshouldencouragewhistleblowingactivitiesandensurethattheythoroughly investigate the issues. This will ensure that the firm has adhered to the ethical standards and the employee will be obliged to adhere to the code of conduct. References Csus.edu. (2018).KANTIAN ETHICS. [online] Available at: http://www.csus.edu/indiv/g/gaskilld/ethics/kantian%20ethics.htm [Accessed 12 Feb. 2018].
ETHICS IN BUSINESS7 Employmentadvocacy.com. (2016).Why People Become Whistleblowers. [online] Available at: http://www.employmentadvocacy.com/blog/2015/february/why-people-become- whistleblowers.aspx [Accessed 12 Feb. 2018]. HRZone. (2014).What is Whistleblowing?. [online] Available at: https://www.hrzone.com/hr- glossary/what-is-whistleblowing [Accessed 12 Feb. 2018]. Gray, J. (2015).Moral Issues Facing Employees. [online] Ethical Realism. Available at: https://ethicalrealism.wordpress.com/2011/05/11/moral-issues-facing-employees/ [Accessed 12 Feb. 2018]. Marshall, K. (2015).What Motivates a Whistleblower? | Lexology. [online] Lexology.com. Available at: https://www.lexology.com/library/detail.aspx?g=3708e644-10d0-488a-b00a- f8a21f5b2414 [Accessed 12 Feb. 2018]. Miller, M. (2016).What is an Employee’s Duty of Loyalty?. [online] Minnesota Employer - Employment Law Blog. Available at: https://minnesotaemployer.com/2012/04/23/what-is-an- employees-duty-of-loyalty/ [Accessed 12 Feb. 2018]. Muscato, C. (2016).What is Utilitarianism? - Definition & Theory - Video & Lesson Transcript | Study.com. [online] Study.com. Available at: https://study.com/academy/lesson/what-is- utilitarianism-definition-theory-quiz.html [Accessed 12 Feb. 2018]. Niehoff, B.P., Moorman, R.H., Blakely, G. and Fuller, J., 2001.The influence of empowerment and job enrichment on employee loyalty in a downsizing environment.Group & Organization Management,26(1), pp.93-113. Waytz, A. (2015).Whistleblowers are Motivated by Moral Reasons Above Monetary Ones -. [online] Promarket.org. Available at: https://promarket.org/whistleblowers-motivated-moral- reasons-monetary-ones/ [Accessed 12 Feb. 2018]. Westacott, E. (2012).These Are the 3 Basic Principles of Utilitarianism. [online] ThoughtCo. Available at: https://www.thoughtco.com/basic-principles-of-utilitarianism-3862064 [Accessed 12 Feb. 2018].
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ETHICS IN BUSINESS8 Werhane, P., 2018. Business Ethics: A Kantian Perspective, by Norman E. Bowie. New York: Cambridge University Press, 2017. 234 pp. ISBN: 978-1316343210. Wolf, Baldwin & Associates, P.C. (2014).An Employee's Duty of Loyalty to An Employer | Wolf, Baldwin & Associates, P.C. | Pottstown Pennsylvania. [online] Available at: https://www.wolfbaldwin.com/Employment-Articles/An-Employees-Duty-of-Loyalty-to-An- Employer.shtml [Accessed 12 Feb. 2018]. Bibliography Crane, Andrew, and Dirk Matten.Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press, 2016. Jackson, M. (2014).Ethical Responsibilities in the Employer-Employee Relationship - Applying Ethical Principles - Exemplary Business Ethics & Leadership. [online] Exemplary Business Ethics & Leadership. Available at: http://josephsononbusinessethics.com/2010/12/responsibilities-employer-employee-relationship/ [Accessed 12 Feb. 2018]. Posner, R.A., 2005.Utilitarianism, economics, and legal theory.The Journal of Legal Studies, 8(1), pp.103-140. Stopline- Whistleblower Hotline Services. (2016).The Importance of Workplace Whistleblowing. [online] Available at: http://stopline.com.au/the-importance-of-workplace- whistleblowing/ [Accessed 12 Feb. 2018].