Chapter 2 Ethical Dilemma
What is the best source for ethical business practices: The individual employee, or the business organization itself? To what extent should individual employees be allowed to lend input in the creation of a code of ethics for a business organization? In the event that an individual employee’s ethical standards differ from his/her employer’s code of ethics, what can/should be done to resolve those differences?
(These are opinion questions. Responses from student will vary. An individual employee will have his/her own “code of ethics,” but it is also important, from the standpoint of uniformity and disclosed expectations, for the business organization to create, implement and enforce its own written code of ethics. In the event that a particular employee believes that his/her employer is not acting ethically, there is a strong argument to be made that the employee should attempt to resolve the dilemma internally, and only seek external remedies if resolution within the organization is not possible. If the employee’s ethical standard is “inferior” to the organization’s code of ethics, he/she must comply with the organization’s expectations, or risk termination of employment.)
Chapter 2 Case Hypothetical and Ethical Dilemma
As hiring coordinator for Hennessey Networking Solutions, Inc., (Hennessey) Andrea Templeton knew that her position was of utmost importance to her company in terms of hiring candidates who were well-qualified, and who would best contribute to the company’s overall success. On her desk was the employment application and resume of Timothy Carraway. Andrea had just finished her interview of Timothy, who was the last in a long line of interviewees who had applied for an entry-level information technology (IT) position at Hennessey. Hennessey only had one (1) opening available. During Timothy’s interview, the candidate revealed that seven (7) years ago, he had been tried and convicted in federal court for selling a significant amount of cocaine. Timothy had also revealed the conviction on his employment application. Timothy went to great lengths to explain to Andrea that he sincerely regretted the indiscretions of his youth, and that he had spent the last seven (7) years of his life “paying penance,” and reforming his life. After serving three (3) years in federal penitentiary, Timothy had earned his bachelor’s degree in Information Technology, graduating with honors.
Timothy’s interview had gone very well. In fact, Andrea felt that in terms of his personality and education, he was the best “fit” for the position. Andrea was obviously concerned about Timothy’s criminal background, but she was also concerned about the young man should he not find an employment opportunity after graduating from college. Without a legitimate employment option, would Timothy revert back to his “criminal ways?
Does Andrea Templeton and Hennessey Networking Solutions, Inc. have an ethical obligation to hire Timothy Carraway? Should Andrea’s “hire” decision be based exclusively on Timothy’s qualifications for the job? Why or why not?
(In this situation, the legal standard and the ethical standard arguably diverge. Legally, Andrea Templeton and Hennessey Networking Solutions, Inc. have no legal obligation to hire Timothy Carraway. A company can use an employment candidate’s criminal record as justifiable grounds for not hiring the prospective employee. This “leeway” in the realm of a “front-end” hiring decision is akin to the “employment at will” doctrine, which states that an employer can discipline or terminate an employee for any reason, or for no reason at all. From an ethical standpoint, some students may contend that Andrea Templeton and Hennessey Networking Solutions, Inc. have an ethical obligation to hire Timothy Carraway, since he “served his time” for the crime, and has at least partially rehabilitated himself in terms of earning his bachelor’s degree. The next step in Timothy’s rehabilitation is employment, and unless he becomes self-employed, an employer will need to assist him in terms of offering him a job. Many employers are not willing to take the risk of hiring a convicted felon, since there are often other candidates without criminal records who meet or exceed Timothy’s qualifications and capabilities.)
Chapter 2 Case Hypothetical and Ethical Dilemma
John Harrison is the owner of Harrison Enterprises, Inc., a small metal fabrication shop located in Poughkeepsie, New York. Andrew Jameson, an employee of Harrison Enterprises, has approached John with a request. Andrew is the proud parent of a newborn son, and he would like to take the next two (2) weeks off from work in order to “bond” with his new child. John knows that Andrew does not have any accrued vacation time (shortly before his son was born, Andrew had taken a final “two-person family” trip to Florida with his wife, Sara). He also knows that Harrison Enterprises is not legally required to comply with the Family and Medical Leave Act (FMLA), since the company only has seventeen (17) employees (FMLA mandates that businesses employing more than fifty people provide their workers with up to twelve weeks’ unpaid leave every year for a host of specified reasons, including the birth of a child).
John wonders whether his company has an ethical obligation to comply with the “spirit” of the Family and Medical Leave Act, even though he does not have a technical, legal obligation of compliance. Advise John whether his company has such an ethical obligation. Should John Harrison allow Andrew Jameson to take his requested two (2) weeks of leave from work?
(Although legal standards often serve as threshold, minimum obligations that individuals owe to society, ethical standards often hold individuals to a “higher” standard. Many students will likely agree that even though John Harrison has no legal obligation—and therefore no “minimum” legal obligation—to grant Andrew Jameson his requested leave, since Harrison Enterprises, Inc. does not have a requisite number of employees to “trigger” application of the Family and Medical Leave Act, he should at least consider granting Andrew’s request. Such a gesture might cause Andrew to gain greater confidence in his company, and be more motivated and productive when he returns to work after “time off” with his newborn son.)