...Whistle Blowing in Government or in a Business To speak or keep silent, those are the two of many common issues that plays along with the ethical considerations and morale of a Whistle Blower. On the other hand, what if you saw fraudulent actions of someone, should you speak or keep quiet? What if the person doing the fraudulent actions was a friend or a high ranking official, should you speak or keep silent, these and many others are the complex situations that could happen within a business organization. Whistle blowing, which seems to become increasingly common as employees speak out about ethical concerns or illegal practices in the work place to the public or to authorities. “There is a great deal of evidence to suggest that whistle blowing is one of the most important sources of information or detecting and reducing illegal and unethical corporate behaviors” (Kohn 2011). In general, whistle blowers feel a need to report the incident in order to put a stop to the illegal or ethical concern in the business or to correct them from happening on a regular basis. In the past years, there have been a lot of cases where employees have decided to come up in public eye and expose the unethical behavior within their companies. There is no doubt that many unquestionable practices among business organizations are being committed daily. With all the recent cases of corporate fraud, companies now provide for internal rules to protect the whistle-blower against retaliation,...
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...or immoral within a public or private organization). In 2011 a flood of leaked documents was released by a website called Wikileaks. After going through the documents Kelman noticed that almost none of them contained any cases of canadian government corruption. In this article, Kelman attempts to explain why there are so few Canadian whistleblowers. Kelman begins by stating that there is a rooted belief among the majority of Canadians that "whistleblowing is not nice"(200). Her aim is to question this belief and to spark a discourse among well-educated and prosperous Canadians. Kelman prescribes that whistleblowers ought to be celebrated as national heroes rather than demonized as traitors to the Canadian establishment. Her ideas form quite a persuasive argument through her incorporation of rhetorical devices. She makes her strongest rhetorical appeal to logos, by providing a wide variety of well substantiated examples that display the positive repercussions of transparency. Coupled with her use of rhetorical questions, these examples set a subtle yet elaborate argument, designed to prompt readers into concluding, for themselves, that whistleblowers are vital to a healthy democracy....
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...Hi my name is Vivian Barajas. Have you ever asked yourself what does it take to be hero? You might be thinking a hero is Superman or Hulk, but heroes can be anywhere and can be anyone. What exactly is a hero? Well, a hero is a person with strength, courage, and bravery. Heros fight for what is right. Heroes come in many shapes and sizes. Anyone can be a Hero in their own way, and it’s true anyone can be a Hero. One example are the firemen, I know it's just a job, but why did they pick that job? Why? Because they want to make a difference. They want to help everyone. Firefighters can risk their lives just to save someone in a terrible accident. A country can also be a Hero, right now Paris is opening up to people who don't have a home...
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...“Whistleblowing and Professional Responsibility” by Sissela Bok Whistleblowers "sound an alarm from within the very organization in which they work, aiming to spotlight neglect or abuses that threaten the public interest” , according to Sissela Bok. In my opinion, “whistleblowing” can save an organization from operating unethical activities, however, it can be prejudicial to future employment of the whistleblower. I believe that under certain circumstances, whistle blowing is necessary for the company’s welfare, but when the whistleblower’s own career is at risk, is it worth it? Furthermore, in most circumstances when a person's career is not at risk, I believe that there is still no ethical obligation to blow the whistle. Simply put, per Sissela’s point of view, people have a moral obligation to prevent serious harm to others if they can do it with little cost to themselves. In most cases, the issue is to have the assurance that there is little cost to the denouncer, which is not necessarily true. Personally, there would be very few situations where I would blow the whistle because of the uncertainty of maintaining my employment. Summarizing, whistle blowing is seldom done successfully, however, when an employee is brave enough to speak out against unethical practices of the business in which they work, often, they are regarded as heroes and can save a company from losing everything and prevent harm for many of its customers and other employees. Whistle blowing...
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...This paper was prepared for Management 484-001, taught by Professor Donald D. Lisnerski Whistleblowing: Necessary Evil or Good Thing Is whistleblowing a necessary evil or good thing? Can whistleblowing be avoided? Can the whistleblower be protected? “A whistleblower is an employee who discovers corporate misconduct and chooses to bring it to the attention of others.”(Ghillyer, 2014) Whistleblowers can be viewed as providing a praiseworthy act or be severely labeled as informers who have breached the loyalty of their co-workers and company. Whistleblowing can be a service to the community and public. Whistleblowing can be ethical or unethical, and the whistleblower discovering corporate misconduct has the options to be an internal or an external whistleblower. Whistleblowing can save people’s lives. Dr. Jeffrey Wigand made the decision to go public with information that his employer Brown & Williamson (B&W) was manipulating the nicotine content, suppressed efforts to develop safer cigarettes, and lied about the addictive properties of nicotine. According to Sissela Bok, in the book Taking Sides: Clashing views in Business Ethics and Society, “not only is loyalty violated in whistleblowing, hierarchy as well is often opposed, since the whistleblower is not only a colleague but a subordinate. Though aware of the risks inherent in such disobedience, he often hopes to keep his job.” (Newton, Englehardt, & Pritchard, 2012). Whistleblowing is ethical when the company through...
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...question of whether an employee should blow the whistle on his company or organization has become a hotly contested issue. Was Elsberg right? Is it right to report the shady or suspect practices of the organization one works for? Is one a stool pigeon or a dedicated citizen? Does a person have an obligation to the public that overrides his obligation to his employer or does he simply betray a loyalty and become a traitor if he reports his company? There are proponents on both sides of the issue––those who praise whistle-blowers as civic heroes and those who condemn them as “finks.” Glen and Shearer who wrote about the whistleblowers at Three Mile Island say, “Without the courageous breed of assorted company insiders known as whistleblowers—workers who often risk their livelihoods to disclose information about construction and design flaws— the Nuclear Regulatory Commission itself would be nearly as idle as Three Mile Island … . That whistleblowers deserve both gratitude and protection is beyond is...
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...An Analysis of Current Whistleblower Laws: Defending a More Flexible Approach to Reporting Requirements Gerard Sinzdak' INTRODUCTION Sherron Watkins is regarded as a hero for her decision to blow the whistle on the illegal activities of her employer Enron.' Had Enron survived the resulting scandal, however, the company could have fired or otherwise retaliated against Watkins with legal impunity.'^ Under Texas's whistleblower law, employees of private employers receive legal protection against retaliation only if they report wrongdoing to an external law enforcement agency. Because Watkins reported her concerns only to Enron CEO Kenneth Lay, her actions did not meet Texas's strict report recipient requirement.' The Texas whistleblower law is not unique. Most state whistleblower statutes restrict the parties to whom a whistleblower may report in order to receive protection from retaliation.^ The majority of states, for example, protect only those employees' who file reports with external govemment bodies. In Copyright © 2008 Califomia Law Review, Inc. Califomia Law Review, Inc. (CLR) is a Califomia nonprofit corporation. CLR and the authors are solely responsible for the content of their publications. t J.D., University of Califomia, Berkeley School of Law (Boalt Hall), 2008. I would like to thank Professor Gillian Lester for her guidance and assistance with this Comment. 1. Richard Lacayo & Amanda Ripley, Persons of the Year, TIME, Dec. 30, 2002, at 30. 2...
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...is easier for employees to report wrongdoing when the issue of of a legal nature, as compared to wrongdoings that have an ethical issue to them. The legal wrongdoing is clearer and therefore the whistleblower has less confusion in the matter. Additionally, the whistleblower may feel that they are legally responsible if they do not report the behavior or incident (Tsahuridu & Vandekerckhove, 2008). Ethical wrongdoing is mercurial, leaving the issue open for translation, if it is not clearly stated as wrong in the company policies. Not all issues can be clearly covered even in a comprehensive policy. This leaves employees unclear about the situation and the appropriate action to take. Individuals in the workplace should feel safe reporting potential wrongdoing regardless of exact knowledge of its nature. Any circumstance that appears to be unethical to an individual should be reported and is appropriate. This will assist the individual in continuing to be a moral individual and support the development of an ethical organization (Alleyne, Hudaib, & Pike, 2013; Badaracco & Ellsworth, 1989). Does whistle blowing violate company loyalty? Whistleblowing does present itself as a conflict between the organization or organizational leader and the individual whistleblower. An organization with a clear code of conduct, removes the concern that an employee may have about this conflict of loyalty to the organization. In fact, this should be interpreted as an act of...
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...requirements (Muhl, 2001). The first exception is a termination that undermines an action that would be beneficial for society, or is a violation of a State’s public policies. The next exception prohibits employee termination after an implied contract has been established from written assurances, a company handbook, policies or behavior. Finally, an implied covenant of “good faith and fair dealings” between employer and employee is an exception that is the least used among the 50 states. In certain cases, such as those protecting financial service sectors and federal employees, whistleblowing is not a legal ground for termination. A whistleblower is someone who seeks to protect the integrity of a company by disclosing unethical or illegal activities to supervisors, regulators or the media in some cases. The desired result, for a whistleblower, is corrective action by the organization to restore the implementation of proper work behavior and ethics. Unfortunately, this is not always the outcome and...
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...The False Claims Act The False Claims Act, enacted by Congress in 1863 to protect the Union troops from profiteers providing shoddy goods and rotten food during the Civil War, prompted Abraham Lincoln's drive to empower private citizens with the ability to file suit on behalf of the government against corrupt contractors. The act was revitalized in 1986 to combat fraud in the defense contracting industry. Today, the False Claims Act is the government's principal weapon in the prosecution of health care fraud. One may be held either civilly or criminally responsible for knowingly or recklessly submitting a fraudulent claim to the government. The statute permits private citizens, or relators, to file a civil action against any entity or individual violating its provisions. Violators are subject to treble damages plus civil fines of not less than $5,500 but not more than $11,000 per claim. Under the criminal statute, false claims are punishable by fine or imprisonment of up to five years, or both, for knowingly submitting a false statement for reimbursement. To prevail under the False Claims Act, the government or its relator must establish that: the defendant presented or caused to be presented a claim to the government for payment or approval; the claim was false or fraudulent; and the defendant knew that the claim was false or fraudulent. "Knowing" means actual knowledge of false information, or acts in deliberate ignorance or reckless disregard of the truth or falsity of the...
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...Employment-at-will Doctrine Whistleblower Strategy Yasser Benadada Strayer University Professor Holeman Table of Contents Employment at will Doctrine 2 Public-policy exception 2 Implied-contract exception 3 Covenant-of-good-faith and Tort based exceptions 3 Evaluation each of the eight (8) scenarios: 4 Recommend whistleblower policy 7 Fundamental Items to Whistleblower policy 8 References 10 Employment at will Doctrine According to Clarkson, Miller, Jentz & Cross (2004, p.235), employment at will is a common law doctrine under which either party may terminate an employment relationship at any time for any reason, unless a contract specifies otherwise. Today this common law doctrine is widely used and applies in every state except Montana. However, state and federal statutes that govern employment relationships prevent the doctrine from being applied under certain circumstances. As such, employees who are wrongfully discharged may bring legal action against their employer based on violations of employment contract or statutory law. These state and federal statutes collectively are known as the exceptions to the employment at will doctrine that the courts adopted because of the harsh effects on employees. Public-policy exception According to Sentell & Robbins (2008), under the public-policy exception to employment at will, an employee is wrongfully discharged when the termination is against an explicit, well-established public policy of...
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...Assignment 1: Employment-At-Will Doctrine 5/4/14 * Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining: The employment-at-will doctrine states that an employee can be fired or released from a company for cause or no cause at all. The employee also has the right to quit a job for any reason. Under this legislation, neither the employer or employee incurs “adverse legal consequences” (NCSL, 2014). There are three exceptions that are observed by the law to include a dismissal that “violates a state’s public policy, where there is an implied contract for employment, or where there is an implied covenant of good faith and fair dealing” (Muhl, 2001, p4). People cannot be fired based on the “individual’s race, color, religion, sex, or national origin” (Halbert & Ingulli, 2012, p134). An individual can also not be fired based on a disability or due to filing a workman’s comp claim. Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention. As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. * Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine. ...
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...Employment-At-Will Doctrine LEG 500 – Law, Ethics, and Corporate Governance Professor: Renee Berry Strayer University April 29, 2014 Employment-At-Will Doctrine The unethical treatment of employees is a subject that have been discuss for long time in the business field and that also have been treated and sometimes improve with the application of different doctrines or even inside rules of the corporations in the work field. Bowie and Werhane (2005) claim that “managers have been criticized because they invade the privacy of employees through the monitoring of their email, drug testing, and even gathering information about their genetic disposition to a disease” (p. 40). The employers dictate all the rules and what can be done outside the job as well, and however sometimes the employees get fired anyway regardless to theirs attempt to follow the rules. Job security when an employee stays his or her entire life with the same company is a thing of the past, and with that also employee loyalty is long gone (Bowie and Werhane, 2005). According to Halbert and Ingulli (2012),” Employment-At-Will is a legal rule developed in the nineteenth century; giving employers unfettered power to dismiss their employees at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong” (p. 49). This rule basically allows the employers to dismiss the employee services whenever it is necessary without a meaningful...
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...and the co-CEO agreement. Liska’s behavior markedly deteriorated after Jha’s hiring, implying that he was unhappy to be outranked by the new co-CEO. The reason behind Liska’s inflammatory presentation is a matter of contention. Liska says he was trying to fulfill his duty to the company by raising a red flag about the cellphone unit’s projections. Motorola says Liska knew he was on his way out, and he tried to extort the company by setting himself up as a whistle-blower who was being fired for speaking out. Another famous whistleblowing case is the case of WikiLeaks.2 WikiLeaks is an international non-profit organization which aims to publish online submissions of classified information, news leaks 3 from anonymous news sources and whistleblowers.4 It unleashed the wrath of the U.S. government and a wave of recrimination and reprisals against WikiLeaks and its key figures. Twitter was the only Internet Company to support WikiLeaks while others cut off essential resources to WikiLeaks’ survival. The goal of WikiLeaks is "to bring important news and information to the public”. People publish original source material alongside the news stories so readers and historians alike can see evidence of the truth. The social...
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...government Government whistleblowing How Snowden formed society Introduction Whistleblowing, an act of certain controversy, has provided material for many a discussion. It has filled our newspapers, televisions and radios on a daily basis, since Wikileaks went public with its first act of exposing illegal activity. ‘Whistleblowing’ is a dynamic process involving at least three social actors; the wrongdoer, the whistleblower and the recipient, each of whom takes actions in response to the other’ (Near et al., p 509, 1996), while accepting the associated dangers and risks. Current events relating to Edward Snowden, Julian Assange and Bradley Manning have sparked intense debate throughout the world regarding policy changes, creation of new laws and the conduct of government and corporations. It is widely agreed that whistleblowing exists and happens on a daily basis. Scholars have examined the topic over the years narrowing it down to ethnical divergences or even to how the act of wrongdoing can impact a whistleblower. The importance and understanding of whistleblowing Age has a significant impact on the way an individual perceives situations and actions, indeed the way he looks at the world, due to experience, lifestyle and the effects of media. There are major differences between 18 year olds and 50 year olds when it comes to the influence of media. The scope and size of the Internet has grown from 16 million in 1995 to 2,749 million users in...
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