Business Ethics - Unit 6 Notes

Financial Ethics

  • Creative Accounting:

    • Also known as Aggressive Accounting.

    • Definition: Accountants manipulating figures using their knowledge of accounting rules.

  • Black Market:

    • Not a physical place, but an economic activity.

    • Involves illegal buying and selling of merchandise/services.

    • Also called the "underground market".

    • Activity is conducted out of sight of law enforcement.

    • Examples range from selling gum on the playground to the sale of smuggled weapons or drugs.

  • Insider Trading:

    • Buying/selling a company’s stock based on "inside" information.

    • "Inside" information is exclusive and not available to the general public.

    • Availability to the public would significantly impact the company’s stock price.

    • Insider trading is illegal (e.g., Martha Stewart case of 2001).

  • Bribery (Law):

    • Promising, giving, receiving, or agreeing to receive money or something of value.

    • Corrupt aim of influencing a public official in their official duties.

    • Bribery involves offering money/something valuable to persuade someone to do something.

    • Taking or receiving something to influence the person receiving, favorable to the party providing the bribe.

  • Extortion:

    • Obtaining something, especially money, through force or threats.

    • Obtaining something of value by using threats, force, or abuse of authority.

    • Involves threats of harm against the victim, their property, or family.

    • Threats may involve damage to the victim’s reputation or financial well-being.

    • Anything obtained by extortion is illegally obtained, and the perpetrator has committed a felony.

Impact of Bribery and Extortion on Organizations

  • Social and economic impacts on people and businesses globally.

  • Lowers economic growth, discourages investment, and marginalizes global markets.

  • Erodes support for economic aid, places a heavy economic burden on the poor, and lowers the standard of living.

Financial Ethics: Hoarding and Greed

  • Hoarding:

    • Buying goods and storing them to sell at a higher price.

    • Taking more than one's fair share of goods.

  • Greed:

    • Hoarding while being stingy about compensating employees who enable the hoarding.

    • A moral term, not an ethical one, but important in ethical evaluations.

  • Examples of Hoarding:

    • Speculative buying of property and goods.

    • Drives up prices, costing the public more money for basic necessities.

    • Lowers the quality of life by denying affordable deals.

Whistleblowing

  • Definition:

    • An individual revealing private or classified information about an organization without authorization, usually related to wrongdoing or misconduct.

    • A person working within an organization who reports that organization’s misconduct or wrongdoing.

    • The person can be a current or former employee.

    • Misconduct can be a past act, ongoing, or in the planning stage.

    • An attempt by a member or former member of an organization to disclose wrongdoing including violation of law, fraud, health or safety violation, bribery, or potential injury to the public.

Types of Whistleblowing

  • Internal Whistleblowing:

    • Someone who discovers illegal misconduct in a workplace.

    • Communicates their discovery to someone higher up in the organization, such as a supervisor.

    • The supervisor would then follow protocol in addressing the alleged misconduct within the company.

  • External Whistleblowing:

    • Reports misconduct to individuals or bodies outside the organization.

    • Examples: government agencies, newspapers, media, or public interest groups.

Conditions When Whistleblowing is Ethical

  • When the company will cause serious harm to the public or break existing laws, the employee should report.

  • When the employee identifies a serious threat of harm against his/her moral concern.

  • When the employee’s immediate supervisor does not act.

  • The employee should exhaust internal procedures and the chain of command to the board of directors.

  • No action is taken in spite of best efforts of the employees to remedy the situation of unethical actions.

  • The employee must have documented evidence that is convincing to a reasonable observer that his or her view of the situation is accurate.

  • Valid reasons to believe that revealing the wrongdoing will result in necessary changes in the organization.

  • The chance of succeeding must be equal to the risk and danger the employee takes to blow the whistle.

Conditions When Whistleblowing is Unethical

  • If the employee is motivated by financial gain or media attention.

  • If they carry a vendetta against the company.

  • In such cases, the legitimacy of their whistle-blowing must be questioned.

The Duty to Respond

  • Employees are becoming increasingly willing to respond to any questionable behavior they observe in the workplace.

  • The choice for an employer is to ignore and face public embarrassment and potentially ruinous financial penalties, or to create an internal system that allows whistle-blowers to be heard and responded to before the issue escalates to an external whistleblowing case.

  • Responding means addressing their concerns, not firing them.

  • Prior to 2002, legal protection existed only through legislation that encouraged the moral behavior of employees without safeguards against retaliation.

  • The Whistleblower Protection Act of 1989 addressed retaliation against federal employees.

  • The act imposed specific performance deadlines in processing whistle-blower complaints and guaranteed anonymity, unless revealing the name would prevent criminal activity or protect public safety.

  • The act also required prompt payment of any portion of the settlement to which the whistle-blower would be entitled, even if the case were still working its way through the appeals process.

Addressing the Needs of the Whistleblower

  • A well-defined process to document how such complaints are handled:

    • A nominated contact person

    • Clearly identified authority to respond to the complaints

    • Firm assurances of confidentiality

    • Non-retaliation against the employee.

  • An employee hotline to file such complaints, again with firm assurances of confidentiality and non-retaliation to the employee.

  • A prompt and thorough investigation of all complaints.

  • A detailed report of all investigations, documenting all Corporate Officers involved and all actions taken.

  • Employers must have a commitment to follow through on any and all reports whether or not those reports end up being substantiated.

  • For a whistle-blower hotline to work, trust must be established between employees and their employer

The Possible Risks Involved in Becoming a Whistle -Blower

  • Speaking out against corporate wrongdoing can involve personal risk to your own career and financial stability

  • Organization has failed to address the situation internally for the long-term improvement of the corporation, and all its stakeholders by going public with information

  • Taking your story public should be seen as the last resort rather than the first.

  • The threat to force even the most stubborn executive team to the table with a commitment to fix whatever has been broken.

  • Executives appear to be unwilling to fix the problem internally and, where necessary, notify the appropriate authorities of the problem

  • Confidentiality agreements that speaking out exposes the employee to extreme financial risk, which managers hope prompt the employee to “keep his mouth shut.”

  • Some whistle-blower’s decision cost them their marriage and career.

  • The media attention can be intrusive and unceasing, with harmful effects on every member of your family.

  • Potentially lucrative settlements may offer some compensation, but those settlements can often take years to materialize

  • Ultimately that choice affects many people.

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