...Speculate whether employers should have more or fewer rights to monitor employee use of company equipment, such as laptops, tablets, and cell phones issued for out-of-office, potentially after-hours work. Suggest at least three (3) methods for an employer to monitor its employees’ use of company equipments. Provide a rationale for your response. In regards to being monitored after normal working hours, I feel that it should be monitored on a "as needed" basis. One should be monitored if there is suspected fraud, or unprofessional conduct going on, that directly impacts the employee and/or employer in a negative light. Not to exclude anything that the employer deems that they'd be held liable for, upon facing a lawsuit, class action, or anything that signifies legal attention. In most cases employees, with this type of access have already gone through a certain level of security clearance and deemed trustworthy of attaining a work device for travel, and so forth. Three methods to monitor use would be as followed: 1) Hotline or flag when there has been an excessive amount of data used - ranging from 50GB -100GB+, 2) Placing and Receiving International Calls unrelated to work 3) Controlling what software employees can install and run on the devices. Reason being is that some employers actually permit the use of the company device for personal use. In my previous position, I was away so much from home for work, that I'd sometimes forget about my personal line when away from...
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...Organizational Behavior Kofi Osei Tutu Law, Ethics & Corporate Governance: Employment At Will Doctrine Dr. Meredith Brasca February 2, 2014 Employment-at-will [EAW]: “when an explicit agreement of contractually binding terms of employment is absent, the employment relationship exists only so long as both parties will it to continue. That is, either party is free to end the relationship at his or her will. Moreover, the relationship may be terminated at any time and for any reason. United States employment law has traditionally been governed by this doctrine. One of the most widely quoted expressions of this doctrine comes from a case heard before the Tennessee Supreme Court: Payne v. Western & Atlantic R.R. Co. (1884). The majority opinion in the case reads in part: John posted a rant on his Facebook page in which he criticized the company’s most important customer. As an employer, I do not have legal grounds to fire John. Since this is John’s first offense, I will reprimand him by giving him a warning. I am supporting this action with the utilization of the exception “implied contracts of employment”- this simply states: “We do not dismiss employees without giving them a chance to correct their behavior.” However, I will make adjustments to our company’s policy in our handbook to cover this type of behavior. He depicted a very negative image of our company with his ranting on social media, and that will be listed as a violation of our code of conduct...
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...Name of the Student Submitted to Name of University Date Course Abstract Generally, whistle blower is a person who tries to expose wrong doing inside an organization either to the public or to the authorized people. Whistle blowers disclose information regarding any misconduct at their work place which they think may be against public welfare or law. They speak out to expose corruption or to expose any kind of danger to the public or the environment. Whistle-blowing can be internal or external. The whistle blowers are often well educated people holding professional positions and are altruistically motivated. They allow themselves to be guided by their own attitudes and hold utilitarian beliefs. However, in case of being found out, the effects can be vastly debilitating for them including losing the job, isolation and personal life being put in jeopardy. The Dodd Frank law provides the whistle blowers protection from retaliation from the companies. If companies retaliate to whistle blowing the employees reporting wrong doing are protected by the Dodd Frank's anti retaliation statute and liable for double back pay (Miceli, et. al. 1984). Introduction Recently, a case of whistle blowing had come to light in September last year when Khaled Asadi filed a complaint that G.E. Energy (USA) violated the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010. He alleged that he had been...
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...Question 9 To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except: Answer The employer must have a justification for treating the employee differently than it would treat a member of the general public. The speech cannot be about political topics. The speech must be about something of great public concern. The speech cannot be made as part of the employment (such as an internal memorandum). 5 points Question 10 Select the best definition of whistleblower: Answer the sole goal of modern ethics training originated from the Latin "qui tam pro domino rege quam pro sic ipso in hoc parte sequitur" meaning "who as well for the king as for himself sues in this matter." a narrow exception under the general rule of at-will employment people who report unethical or illegal activities under the control of their employers 5 points Question 11 According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include: Answer Total freedom in the private life with no consequences to the work life. The ability to express dissatisfaction without risk of exposure. The ability to be post critical information on the Internet without consequences at work. The ability to spend...
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...Employment-At-Will-Doctrine Clearly, employees are curious and feel they have the right to find out if their workers are productive and loyal employees. Employers have to protect themselves from liability for their employee’s everyday activities. At the same time, employees expect to have a certain comfort level by not having their space or privacy invaded in the workplace. “Tension between privacy and the need to know is heightened as computer technology revolutionizes information gathering.” (Halbert & Ingulli, 2010, p. 70) How can employees reasonably expect to have privacy when most companies are carrying some type of monitoring system that will allow employers to monitor the employee’s performance to see if their time is being utilized effectively? “According to a 2005 American Management Association survey, it states both the intensity and range of workplace surveillance is surging, from videotaping to monitoring of IM chat and blogging to GPS satellite tracking of cars and cell phones” (Halbert & Ingulli, 2010, p. 73). Technology has made it easy to track employees and their behavior on a daily basis. Most employers are becoming more knowledgeable on various types of electronic surveillance. For example, some employers monitor their employees email usage. Although, some employees may assume their emails are private; however, they are not. Deleted messages are stored into archive and are accessible to employers and others. (Halbert & Ingulli, 2010) In addition, technology...
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...Identify the stakeholders in the case and the impact of the operations/ethical issues on the stakeholders. Business ethics, issues, and conflicts revolve around relationships. Customers, investors and shareholders, employees, suppliers, government agencies, communities, and many others who have a stake, or claim, in some aspect of a company’s product, operations, markets, industry, and outcomes are known as stakeholders. They are both influenced by and have the ability to affect businesses. Stakeholders provide both, tangible and intangible recourses that are more or less critical to a firm’s long term success. The key stakeholders in this scenario are a) The customers who are mainly US male teenagers between 13 -19 years of age that would be exposed to nudity through a video game that with increased levels of intensity revealing nudity of a female game character. b) The Broadway Corporation is a stakeholder that is affected if the “Lucky” game development and introduction would be stalled or entirely taken off the market. Since “Broadway” is a corporation, the outcome of this scenario will affect the company as a whole. The consequences could be that the company would lay off employees due to the lack of revenue. The shareholders would start selling their shares if dissatisfied which would eventually cause the company’s stock price to fall. Suppliers that build the arcade equipment would be affected as well as the entire surrounding infrastructure since Broadway is one...
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...897 F.2d 646 UNITED STATES of America, Appellee, v. Kuang Hsung J. CHUANG, a/k/a "Joseph Chuang", Appellant. No. 692, Docket Nos. 89-1309, 89-1406. United States Court of Appeals, Second Circuit. Argued Feb. 7, 1990. Decided Feb. 28, 1990. Herve Gouraige, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., Martin Klotz, and Kerri M. Bartlett, Asst. U.S. Attys., on the brief) for appellee U.S. Robert S. Litt, Washington, D.C. (Bruce S. Oliver, Elena Kagan, and Williams & Connolly, Washington, D.C., on the brief) for appellant Kuang Hsung J. Chuang. Before TIMBERS, NEWMAN and ALTIMARI, Circuit Judges. TIMBERS, Circuit Judge: 1 Appellant Kuang Hsung J. Chuang appeals from a judgment of conviction entered August 1, 1989, in the Southern District of New York, Miriam Goldman Cedarbaum, District Judge, 696 F.Supp. 910, upon a jury verdict on twenty-two counts, including misapplication of bank funds, making false statements to bank regulatory officials, other substantive counts, and conspiracy. The district court denied Chuang's pretrial motions to suppress evidence obtained from warrantless searches of his bank and law offices. 2 On appeal, we find that the chief claim of error raised by Chuang is that the district court erred in denying his suppression motions. Other claims of error have been raised and considered. 3 For the reasons which follow, we affirm the judgment of conviction. I. 4 We shall summarize only those facts and prior proceedings believed...
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...Discuss a criteria to determine the price for the drug. We need to understand what is the cost and treatment for lung cancer before pricing the actual cancer drug in the market? Approximately one-third of lung cancer patients are treated by surgery and that is according to radiologyinfo.org. More to add, when the disease spreads to one or more body parts, chemotherapy along with radiation therapy are also used along with surgery. The cost of lung cancer treatment is calculated on a case-specific basis health, age and medical history are important to figure out the final cost of producing such important cancer drug. According to Wall Street Journal, one of the primary lung cancer drugs is Erbitux, which prolongs life by just 1.2 months, as of 2009, and the drug costs almost $80,000 for an 18-weeks course. However, according to Science Daily issued in 2007, the US expenditure on detection and treatment of lung cancer exceeds five billion dollars every year. As a chief executive officer of a large drug company, I’m committed to patients having access to all lung cancer drugs through our company’s access solution program, and the company also provides patients and healthcare providers with coverage and reimbursement support program, and patient assistance and information resources centre, to answer any question they may have. The patient’s assistance program is designed to answer any question and give all necessary support to all eligible patients in the United States who...
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...Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Daniel A. Sievers Professor: Joe McGirt Strayer University LEG 500 12/01/2014 Research three to five issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. There are many issue’s relating to advertising, intellectual property and regulation in today's workplaces. All phases of marketing and advertising mix are subject to laws and limitations. Every marketing supervisor will be faced with how they must discuss ethics and law when marketing their products. Any marketing manager understands that there are cut and dry solutions to ethical issues that will occur during the normal course of business (Pharmaceuticals, n.d.). The Bureau of Consumer Protection’s places everything in perspective that all communication in the United States must be truthful. The Federal Trade Commission Act (FTC) looks for dishonesty and deception towards customers that try to change their decision to purchase medications. FTC monitors truth-in-advertising laws especially with kids, but there have been a lot of immoral practices in advertisements over time. The most moral decision is not to promote to children but in this case to the parent. Children's ad urges children to get dependent on products that induce on social development (Media, 2004). Cigarette advertising is matched to marketing consumers...
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...Scenario 1: When addressing the issue of a new hire who has not shown the ability to learn the systems needed to perform a job one of the very first questions that should be asked is what made the hiring manager believe this employee would be competent? According to Manzoni and Barsoux, managers often bear some blame for an underperforming employee and most commonly the failure occurred during the candidate selection process. In reviewing interview notes, questions asked and not asked we will often find errors we as managers made in gaining an accurate understanding of a candidates abilities and competencies. For this new hire, the first step would be to review those interview notes and try to identify any oversights. Perhaps the job responsibilities were not discussed because the focus of the interview was more on her school experience. If skills testing was administered, we should take a closer look at the time it took her to complete the tests as well as a closer look at what she got wrong. Perhaps the test given was not an appropriate assessment to identify competency for the job she was hired for. Next it is time to have a one-on-one discussion with her. Since the employee feels that she is not appreciated and is a good worker, give her an opportunity to show this and explain it in detail to you. State that from the productivity perspective this is not being seen, but we acknowledge that we cannot always see everything our employees are able to accomplish...
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...Leg 500 – Assignment 1 Electronic Surveillance of Employees is a video about a car dealership manager that uses electronic surveillance in order to eaves drop on his employees. From the manager’s point of view, he is ensuring the truthfulness of the employees in the best interest of the dealership. However, as one employee points out, the manager is not only invading the privacy of the employees, but also that of the customers. The saleswoman feels that her personal privacy, as well as that of the customers is invaded and that the surveillance is unfair. Explain where an employee can reasonably expect to have privacy in the workplace. There are very few situations in which an employee can reasonably expect to have privacy in the workplace. Employers have the right to monitor employees in the work place. They can monitor everything from their phone calls, to their computer usage, to even conversations between employees. The few places employees can expect privacy is in the restroom or locker rooms, which are prohibited from video surveillance, however, audio surveillance may still be used (1993). In most states, employers are not even required to notify employees when they are being monitored. One exception is California, which requires employers to notify employees when they are being monitored on the telephone via either a beep or a pre-recorded message (1993). California also requires employers, when they recognize a telephone conversation as being personal...
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...Employment-At-Will Doctrine Ayesha Kapoor LEG-500 – Law, Ethics and Corporate Governance Dr. Angelina Audrey 28th July 2012 Employment-At-Will Doctrine: At-Will employment is a doctrine of American Law, that defines an employment relationship in which either party can immediately terminate the relationship at any time with or without any advance warning and with no subsequent liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group. In USA, any hiring is presumed to be “At-Will” that is the employer is free to discharge individuals for good cause or bad cause or no cause at all and the employee too is equally fit to quit, strike or otherwise cease work. In this assignment in capacity of the Chief operating Officer of the company, I would like to address some of the personnel problems that require immediate attention before the Initial Public Offering (IPO) of the company. Scenario 1.In this scenario John’s action of posting a negative statement on Facebook is truly unprofessional and unethical. According to the National Labour Relations Board, criticism by the employee over social networking sites is a protected activity that employers should not violate by punishing workers for such statements. Hence it prohibits employers to retaliate against employees for communicating with each other online or in person. John cannot be legally fired. This action...
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...Employment At Will Doctrine Stephen C Wilburth Jr LEG 500 May 1st, 2014 Lateefah Muhammad Abstract This is the doctrine in American law which defines how the employment relationship can be terminated by either party by giving advance notice or even without one. Privacy management tools help organizations conduct privacy impact assessments, check processing activities against requirements from privacy regulations, and track incidents that lead to unauthorized disclosures (investigation, remediation and reporting). They analyze and document data flows of personal information (nature of data, purpose of processing, data controller), support authoring and distribution of privacy policies (for which they provide templates), and track user awareness (users acknowledging having read the policies). Employment-At-Will Doctrine The employment-at-will doctrine is a legal ruling supported by companies that allows an employer the ability to dismiss an employee for any reason, other than an illegal one or no reason, without legal liability. The doctrine allows an employee to leave a position or job, at any time, without reason void of any legal consequences (Halbert & Ingulli, 2012). With employment-at-will, an employer has the right to change its policies or terms of employment without notice. Wages or benefits can be altered or reduced at any time. The doctrine can be modified by contracts drawn by the employer. The contract may specify the terms of employment or may...
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...Assignment 3: Ethics and Corporate Responsibility in the Workplace and the World Alicia Pearson Dr. Mary Nelson LEG/500 November 28, 2015 Ethics and Corporate Responsibility in the Workplace and the World PharmaCARE is a hypothetical, successful, pharmaceutical company. The company is one of the world’s most successful pharmaceutical companies which enjoys the status of being a caring, ethical, well-run company that produces high-quality products which saves millions of lives and improves the quality of life for its consumers. PharmaCARE offers free and discounted drugs to low-income families who are unable to purchase expensive drugs. The company also has a foundation which sponsors healthcare educational programs and scholarships with its CEO serving on the PhRMA board. PhRMA, the Pharmaceutical Research and Manufacturers of America, represents the country’s leading biopharmaceutical researchers and biotechnology companies. “Its mission is to conduct effective advocacy for public policies that encourage discovery of important new medicines for patients by pharmaceutical and biotechnology research companies” (PhRMA, 2015). PharmaCARE has developed a new initiative, We CARE about YOUR world, which pledges its commitment to the environment through recycling, packaging changes, and other green initiatives. The company successfully proved its lobbying by defeating environmental laws and regulation, including the reinstatement of the Superfund tax, now known as the Comprehensive...
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...When owning a company the Employment-at-will has been on of the most affecting parts of the hiring and firing process of the company. They hiring and firing process of a company can be very expensive. The United States first implemented the Employment at will doctrine without the exceptions to the rule that companies can fire their employees without any reason. According to Halbert, T. & Ingulli, e. (2006) there were some early adjustment to the employment at will doctrine which ere made as workers fought for the right to organize and form unions. In which in 1935 the rights were guaranteed these rights and not long after the U.S Supreme Court announced that an employer could not use employment at will as means of intimidating or coercing its employees with respect to their self organization(p,39). The Employment-at-will doctrine has had many adjustments in the past 3 plus decades. There are few exceptions apply to the doctrine. Covenant of good faith and fair dealing exceptions, this doctrine is broadest compare to public policy and implied contract exceptions. The implementation of statutory exceptions has been given protection to employees. Employers cannot fire employees due to their race, color, religion, sex, national origin, age, or disability (Halbert, T. & Ingulli, e. (2006)).Jennifer was hired for abilities and skills to perform the job and its duties. As her manager we have put here through several months of training and she has failed to learn the necessary...
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