Business Ethics Case Study: Ethical Dilemmas in Business Practices

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This case study examines a business ethics dilemma faced by Michael Vasquez, an employee at a startup firm. Michael's boss obtains confidential information from a competitor, creating an ethical conflict for Michael, who questions whether to use the data. The case explores ethical theories like rights theory and virtue ethics, and discusses the implications of whistleblowing. It highlights the importance of ethical practices in business, including responsible organizational development, enhancing productivity, correcting wrongdoings, and protecting against legal challenges. The analysis underscores the potential negative consequences of unethical actions, even if they offer short-term competitive advantages, and emphasizes the need for strong ethical codes and conduct within organizations. The study provides insights into how businesses can foster ethical behavior among employees, maintain a positive reputation, and ensure long-term success.
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Running head: BUSIENSS ETHICS
Business Ethics: Gold Mine or Fool’s Gold?
Student Name
University name
Author Note
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BUSINESS ETHICS
Table of Contents
Introduction......................................................................................................................................2
The Ethical Issue in the Scenario.....................................................................................................2
Michael’s Actions............................................................................................................................3
The rights theory of ethics...........................................................................................................3
Virtue ethics theory......................................................................................................................4
Michael’s boss ethical or unethical..................................................................................................4
Whistle Blowing..............................................................................................................................5
Michael’s stand in whistle blowing.............................................................................................5
Defining Whistle Blowing...........................................................................................................6
Motivators of Whistle Blowing...................................................................................................6
Ethics is relevant for the company because.....................................................................................7
Developing a Responsible Organization.....................................................................................7
Ethical Practice Enhance Productivity.........................................................................................7
Correcting Wrongdoings.............................................................................................................7
Protecting From Legal Challenges..............................................................................................8
Conclusion.......................................................................................................................................8
Reference.........................................................................................................................................9
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BUSINESS ETHICS
Introduction
Ethics tells more than just few codes and policies, it highlights moral principles of
someone. Business ethics is a significant part of ethics where corporate social responsibility in
integrated (Crane and Matten 2016). The business ethics tells how the employees and
management should maintain the ethical behavior within the organizational environment. Any
effective organization is built upon certain business ethics that guides the organization towards
the right direction of business performance. The selected business scenario highlights various
ethical concerns one might face within an organizational structure and how he should deal in
such situations.
The Ethical Issue in the Scenario
Michael Vasquez works for the start up firm and enjoys the professional challenges
(Weber 2001). However he is suffering from an ethical dilemma that his boss has created for
him. His boss has handed him over the confidential documents of their rival company. The
documents consist of ‘private and confidential’ information about the competitor’s pricing
strategies, product plans and partnership agreements. Michael asked his boss to know where did
he get these confidential documents and he answered that he stole them from their private
intranet. However upon realizing that this is getting suspicious to the boss explained that he did
not break any password and accessed it through a colleague’s help. Michaels knows that the
news of his company’s acquisition of other company’s confidential data will affect his
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BUSINESS ETHICS
company’s reputation greatly. He is suffering from the ethical dilemma, which is whether he
should use the information for their company’s benefit or not (Johnson 2017). He searched for
company policies to get clear direction and assistance but could not find any. He feels that using
the personal data is not only unethical but also illegal. Michael is worried this thing can happen
to him and his company and he is having hard time to accept that his company is applying such
low and unethical strategies to gain competitive advantage. The utilization of that confidential
information is capable of giving him and his company a competitive advantage but it might
cause great negative impact on the company in future (Ferrell and Fraedrich 2015). Therefore hat
seems to be the gold mine might turn into fool’s gold.
Michael’s Actions
The rights theory of ethics
This is a moral theory based on the act utilitarianism that helps someone to decide what
the right moral duty for someone to fulfill is (Hayry 2013). The ethical theory helps the
professional to maximize the well being of the company. Michael knows that this private and
confidential data of other company will help them achieve certain competitive advantage but is
capable of causing harm for the longer term.
As Michael is suffering from the dilemma that he is working for a company that could go
so low for achieving certain competitive advantages. In order to overcome this dilemma Michael
should evaluate the company strategies and find out whether his company has been
implementing this procedure regularly. This will help him to decide if this job is really suitable
for him or not. His evaluation will lead him to the realization that how the organizational culture
can be improved without such tactics (Ruiz-Palomino and Martínez-Cañas 2014).
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This is undeniable that using other company’s “private and confidential” data is
equivalent to be engaging in unethical practices for temporary gains. Michael could refer his
boss the codes of ethics of SCIP. Strategic and Competitive Intelligence Professionals (SCIP) has
developed guidelines for the for the intelligence professionals (Weiss 2017). The guidelines also
highlight that professionals or organizations must respect requests related to the ‘confidentiality
of information’. This could help Michael to warn his boss about the future consequences that
such strategies could bring for the company.
Virtue ethics theory
Virtue ethics theory might prove to be effective in this scenario. Aristotle developed this
theory of ethics that focuses more the individual beyond his religious, societal or cultural identity
(Yu 2013). Virtue ethics guides someone to help other person helps him to overcome
circumstances in the right moralistic way (Vaughn 2015). Following the codes of ethics provided
by the SCIP, Michael should tell his boss to return it and never to use it. The business
professionals refer this as fed-ex which could be an effective strategy for Michael to follow in
this scenario. As Michael struggled to find any proper ethical guidelines he could suggest the
management to evaluate their policies regarding maintaining ethical issues. The guidelines
provided by SCIP should be referred and incorporated by the management. Michael could also
suggest his boss that they should discuss this matter with the legal counsel of the company.
Michael’s boss ethical or unethical
Many recent corporate incidents have highlighted that competitive intelligence has
caused great problems for few organizations. Avant’s incident of stealing important codes from
other company is a significant example from such cases. Intelligence gathering is not unethical
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BUSINESS ETHICS
or illegal if the ethics are maintained (Evans 2014). Michael’s boss crossed the fine line between
the corporate espionage and competitive intelligence. Michael’s boss has breached the
intellectual property rights of the other company. The method that Michael’s boss applied was
not only unethical but can be considered as illegal. The boss found the proprietary key through a
company employee and downloaded all the closely guarded confidential information driven by
the temptation that it will help to gain great profit. It is absolutely unethical to acquire and share
other company’s confidential strategic plans. However the scenario does not clearly state what
data or information are there in the documents but it is quite evident from the description that the
data are extremely important for the rival company. Though different companies engage
themselves in different policies related to trade secrets but policies related to patents or
trademarks are different. “Uniform Trade Secrets Act” clearly states that misappropriating a
trade secret is illegal (Dole Jr. 2016). When boss was asked about the sources of the data he
mentioned that to acquire the data he took help of another employee. It is unclear why did the
employee assisted him in the practice but if it comes to the foreground that the boss paid him for
acquiring the data it is unethical and illegal.
Whistle Blowing
Michael’s stand in whistle blowing
Michael should not blow the whistle on the first instance. Whistle blowing is a serious act
that can bring harmful consequences for both the whistle blower and the organization. The boss
has told him two stories behind acquiring the confidential data from the competitor. There are
multiple methods he could apply before going for the ultimate action of whistle blowing. Many
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BUSINESS ETHICS
experts have suggested that whistle blowing can be applied only when all other options are
exhausted.
Defining Whistle Blowing
Whistle blowing is the process of disclosing the unethical or illegal acts by the
management or certain organization member by another member (Miceli, Near and Dworkin
2013). However it should be mentioned that whistle blowing brings a load of issues along with
the process for both him and the organization. The social and moral responsibilities of the
individual lead the whistle blower to apply this method to resist the unethical practices and fulfill
the social responsibilities. Whistle blowing is not an easy method as requires planning and
support for the whistle blower to execute that effectively. The National Business Ethics Survey
demonstrated that significant number of employees would not blow the whistle because of the
fear (Ethics Resource Center 2012). The moral obligation towards the organization and society
motivates the whistle blower to be engaged in such act.
Motivators of Whistle Blowing
The act of whistle blowing can be read from various perspectives; however all of them
are mainly concerned with the moral obligations that have already been mentioned. However
there are circumstances that permit the whistle blowing without any doubts. If the unethical
practice is potentially harmful to the company and to the others the whistle blowing is justified.
It is expected from the whistle blower to inform the concerned authority about the unethical
practice yet they refrain themselves from taking any actions. The documents should be available
to support his claim and the changes his whistle blowing is about the bring will not cause any
harm to the public. The whistle blowers mostly suffer from the challenges by the conflict
between the organizational loyalty and societal or legal commitment. Before he publicizes the
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BUSINESS ETHICS
wrong doings the whistle blower must have to sure about the legitimacy of his accusation
(Guthrie and Taylor 2017). The right motive plays an important role in justifying the act of
whistle blowing too. His motive must serve to protect the people or the organizations from any
harmful situations. Once he is sure that the unethical and illegal activities are harmful it is
absolutely justified for him to blow the whistle.
Ethics is relevant for the company because
Developing a Responsible Organization
Ethics develops the company as a responsible organization. The ethical practices make
the company communicate the message to its employees that it is doing business responsibly. In
this case, the unethical practice by a certain individual led Michael question the company
policies and strategies as a whole. The unethical practice drives the employee to lose trust over
the organization. If the ethics is not protected by the organization and its employees the mission
and vision of the company will be hampered and the expectations and standard of the
organization to its employees will be affected in a significant manner.
Ethical Practice Enhance Productivity
Ethics in the organization acts as moral guidance that helps the company to increase the
employee workforce, efficiency and morale. If the organization is engaged in ethical practice the
employees also do engage in the practices of integrity and honesty. The unethical practice the
boss will have negative impact on other employees as well where some of them will be tempted
to take unethical routs. The employees’ ethical involvement helps the company to benefit more
in the longer run.
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Correcting Wrongdoings
The code of ethics in the business operation also acts as a corrective action (Kaptein
2015). The codes will resist anyone to do any ethical misconduct and if someone commits such,
he or she will be punished. The boss has definitely engaged in ethical misconducts because there
are no effective policies that the organization applies in such cases.
Protecting From Legal Challenges
The ethics can save the organizations from any legal challenges (Braswell, McCarthy and
McCarthy 2017). Michael’s boss is breaching the intellectual property rights of the other
company by acquiring their confidential data. Once this incident is known to the other company
they are most likely to face legal challenges. If the company had strong and effective ethical
codes and conducts this scenario would not have occurred.
Conclusion
This case study analysis helped to highlight the fact that ethical business practice is
essential for any organization to maintain their reputation and employee efficiency for longer
term. Effective business ethics not only helps the company to gain more productivity but also
encourages the employee to grow the business in responsible way. It is quite evident that
unethical practices might help the organization to gain temporary competitive advantage but
might lead to long term harm. Ethics on the other hand helps the organization to do business
responsibly and the builds effective relationship among the management, employees and the
consumers.
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BUSINESS ETHICS
Reference
Braswell, M.C., McCarthy, B.R. and McCarthy, B.J., 2017. Justice, crime, and ethics. Taylor &
Francis.
Crane, A. and Matten, D., 2016. Business ethics: Managing corporate citizenship and
sustainability in the age of globalization. Oxford University Press.
Dole Jr, R.F., 2016. Identifying the Trade Secrets at Issue in Litigation Under the Uniform Trade
Secrets Act and the Federal Defend Trade Secrets Act. Santa Clara Computer & High Tech.
LJ, 33, p.470.
Evans, M., 2014. Trade Secret Misappropriation in Texas. Southern Law Journal, 24(1), p.67.
Ferrell, O.C. and Fraedrich, J., 2015. Business ethics: Ethical decision making & cases. Nelson
Education.
Guthrie, C.P. and Taylor, E.Z., 2017. Whistleblowing on Fraud for Pay: Can I trust
you?. Journal of Forensic Accounting Research.
Hayry, M., 2013. Liberal utilitarianism and applied ethics. Routledge.
Johnson, C.E., 2017. Meeting the ethical challenges of leadership: Casting light or shadow. Sage
Publications.
Kaptein, M., 2015. The effectiveness of ethics programs: The role of scope, composition, and
sequence. Journal of business ethics, 132(2), pp.415-431.
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BUSINESS ETHICS
Miceli, M.P., Near, J.P. and Dworkin, T.M., 2013. Whistle-blowing in organizations. Psychology
Press.
Ruiz-Palomino, P. and Martínez-Cañas, R., 2014. Ethical culture, ethical intent, and
organizational citizenship behavior: The moderating and mediating role of person–organization
fit. Journal of Business Ethics, 120(1), pp.95-108.
S3.amazonaws.com, (2012). NATIONAL BUSINESS ETHICS SURVEY® OF FORTUNE 500®
EMPLOYEES. [online] Available at:
https://s3.amazonaws.com/berkley-center/120101NationalBusinessEthicsSurveyFortune500Empl
oyees.pdf [Accessed 20 Oct. 2017].
Vaughn, L., 2015. Doing ethics: Moral reasoning and contemporary issues. WW Norton &
Company.
Weber, K., 2001. What Would You Do?: Gold Mine or Fool’s Gold?. Business Ethics: The
Magazine of Corporate Responsibility, 15(1), pp.18-18.
Weiss, A., 2017. Corporate Intelligence. In The Palgrave Handbook of Security, Risk and
Intelligence (pp. 373-392). Palgrave Macmillan UK.
Yu, J., 2013. The ethics of Confucius and Aristotle: Mirrors of virtue (Vol. 7). Routledge.
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