busn ethics 4
Terms
undefined, object
copy deck
-
Release of information by present or former employee of evidence of illegal &/or immoral conduct.
- whistle blowing
- 3 Conditions for Ethical WB
-
must be a real threat of serious harm that WB wants addressed.(The harm prevented must be greater than the harm caused to the firm & its employees.)
-
WB is expected to exhibit loyalty to the firm
WB is expected to work through the channels
There should be documented evidence.
- true
-
WB involves the release of non-public information
WB should have good reason to believe that blowing the whistle will prevent the harm - true
-
1st passed in 1863 (this “Lincoln Law†has been amended several times since & still is in effect).
- False Claims Act –
-
—contractors sold decrepit horses & mules; faulty rifles & ammo; rancid rations to the military.
- Reason for passage
- Other forms of Legal Protection for whistle blowers
-
Civil Reform Act of 1978 –
National Labor Relations Act
Title VII of the Civil Rights Act
OSHA (Occupational Safety & Health Administration) 1970
aleast 30 states have laws to protect WB - Arguments Against Legal Protection
-
Employee can use this protection to threaten the employer
Is the legal remedy reinstatement of the WB?
compensation is probably a better option)
Courts could be tied up with nuisance cases
Businesses are concerned with “snitch†mentality
- Arguments for Legal Protection
-
Utilitarian grounds – the benefits to society outweigh the costs
Freedom of speech on moral (not legal grounds) – e.g., it’s the right thing to do!
- wb steps 1-3
-
Start with immediate manager (repeatedly, if necessary)
Discuss with family; start documenting everything relevant
Go outside dept. as needed – ethics officer, HR, legal, accounting, etc.; research state law
- wb steps 4-6
-
Approach top management – pick person; have all your facts in order!
Contact any needed regulatory agencies, FBI, media, etc.
Quit if you have no other alternatives
You may not be employable.
You might win a considerable settlement.