Ethics in Business Law
October 16, 2017
J. William Eshelman (Bill) Ethics in Business Law
According to the Judicial Learning Center (JLC), “Laws are rules that bind all people living in a community. Laws protect our general safety, and ensure our rights as citizens against abuses by other people, by organizations, and by the government itself. We have laws to help provide for our general safety. These exist at the local, state and national levels” (n.d.). The same as individuals in society, business entities are subject to legalities intended to offer every member in the industry a fair chance to succeed. But, when objectives take precedence over ethical decision making, it implies the importance of ethics in business …show more content…
621), ironically the portion of workers that witnessed unethical or illegal misconduct at work has amplified. According to Journal of Business Ethics, in 2003 the ratio was at 22% with a quick jump into 2005 at a staggering 52% (Andreoli & Lefkowitz, 2008, p. 309) One of the major behavioral science disciplines that have contributed to the development of organizational behavior is management (Kashyap, 2017). So, even though legislation is a major component in that businesses operate in an ethical matter, ultimately - the responsibility lies with the business. Subsequently, having strict supervision to oversee all operations at such demands would more than likely have an adverse outcome in the business operation. So, it is important for the organization to understand, establish and demonstrate a business ethics framework relevant to the company. By enabling a sponsorship to the framework is an expression of social policy in the workplace by employers for purposes such as determining controlling entities. Morals are linked with personal behavior whereas ethics are related to organizational principles to normalize the behavior of all employees - including top executives and other management. Ethical behavior refers to conduct that meets moral and legal commitments to clients and coworkers. It 's clear that ethics is an important dimension for …show more content…
In many cases, factors can hinder legal enforcement needing employees to consider the option of an alternative dispute resolution (ADR). There are various alternative dispute resolution options, that are regularly used. (Andreoli & Lefkowitz, 2008) First clarifying, the use of ADR processes are not rejected with litigation. In addition, disputes going through an ADR are negotiated by tactics in arbitration, mediation or settlement before it goes to trial. However, the use of arbitration and mediation are the most commonly used. Bales & Eviston noted, “As Congress continues to create new employment and consumer laws, arbitration of disputes continues to expand” continuing “The Supreme Court, however, has consistently endorsed arbitration whether it is by pre-dispute or post-dispute agreement” (2010). Arbitration is a proposal in which all parties agree upon to dispute so that a final decision can be agreed with a legitimate third party; compared to having an actual court case. It is informal, quick, and can have provisions depending on the dispute. Accordingly, mediation is used as an alternative to arbitration. The parties involved with the dispute submit information to an impartial mediator in hopes to reach an agreement through the means of communication and recommendations. The decision or award determined in this process, however, is not binding.
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The employer alleged that the arbitrator went beyond his authority in shielding the award. The trial court settled the award, and the Court of Appeals held that the employer could not justify its complaints citing the Hall Street opinion. 3. Issue for the court to decide: Does policies include an arbitration clause? In arbitration is that going to continue be
The Plaintiff did not fulfill her contractual obligation to negotiate her claim with the Defendant prior to filing the lawsuit. The Defendant affidavit is attached herein. CONCLUSION Based on the foregoing fact, and as the Plaintiff did not fulfill her contractual obligations, Defendant requests the Court to dismiss this case complying with forgoing New York federal court decision. Date: New York, New York June 18,
Mediation is where the two parties aim to reach a mutual resolution on the dispute with the help of a mediator. Mediation is helpful when both parties want to come to a decision without going to court as they settle the dispute themselves. Mediation does not decide on the dispute it leaves control of the outcome with the parties. Arbitration is a formal way of resolving disputes, it's set up so opposing parties present their cases to an independent third person. The arbitrator makes a decision based on hearing the case and the evidence presented to them.
The Miami Herald reported on May 18,2017 that the recently hired Opa-Locka city manager, Ivette Harrell, used City Attorney Vincent Brown to represent her in a personal lawsuit of credit card debt. Neither, exposed their representation to Miami-Dade County Court. The first ethical issue I found in this case is omission lying. According to Ferrell chapter 3 (pg.69) “Omission lying is intentionally not informing others of any differences or problems that significantly affect behavior.” I believe government employee’s behavior can be affected by Brown’s actions by violating the code of ethics of a government institution.
This week, I was able to delve into the complexities of real, personal, and intellectual property. I read Chapters Eight and Nine of The Legal and Ethical Environment of Business by Lau and Johnson, which gave me a comprehensive understanding of these concepts. In Chapter Eight, I learned about real property, which refers to land, buildings, and other permanent structures, and personal property, which refers to movable objects such as jewelry, furniture, and other personal belongings. I found this distinction particularly useful in understanding the different forms of property and how the law governs them.
Ethical leadership is related to employee job satisfaction by impacting a positive influence on employee performance (Resick et al., 2011). The ethical leadership also found to increase the intrinsic motivation and job responses (Piccolo, et al., 2010). The willingness of the employee to report any concern and problem also depends on the organization culture and leadership behavior (Brown et al., 2005). It is also studied that a leader with strong ethical traits can affect positively to task significance and autonomy of the employee job (Ruiz, Ruiz & Martinez, 2011). According to them, the followers have willingly perceived the good traits of their leaders and thus good moral, values are practiced in an organization that can shape the overall
The earlier opinion stated that a business cannot be ethical, but this opinion is not used anymore in the modern business. Today business has belief that they must be responsible for social since they live and operate within a social structure. The key factors that make business ethics is important at the quarter of the 20th century are corporate social responsibility, corporate governance, and globalized economy. The culture of an organization, or else we can call it as the philosophy of an organization which is related with ethics have a great relationship with the performance of a business in long and short term. As a business is manage by human being, the people who manage a business
Review of Literature Unethical behavior can tarnish a company’s image and reputation. If a company is unethical, they may have to spend additional money to improve their public image, as well as gain back as many customers as possible. The reason I have chosen to use articles that are quite a few years old and that are not so recent is because I feel that they are very good examples of what I am trying to prove in the terms of ethical behaviour within companies and these specific articles relate well to my chosen topic.
This statement is supported by Bennett (2014) wherein ethics clearly defines what is the right and wrong things and shapes what kind of behavior the business should act on. For the sense of business according to Joseph (2013), ethics are constructed and decided by each business and underpins decision that an employee makes. When it comes to the business’ environment, a well-constructed ethics is a key for a considerate and responsible decision making in a business (Bennett, 2014). Business Ethics is very important inside the company, it will show the moral standards that a company or business have whether it is right or wrong and good or bad.
Evidently, the ethical outlook, and behavior of an organization and its leadership bear a direct impact on the employees in any business. In light of this, it is imperious that leaders consider business ethic with utmost importance, because they positively affect the
Introduction Globalization is a fact of Economic Life – Carlos Salinas De Gortari. Globalization is not a new thought. This process of interaction and integration among the companies, people and government of different countries is happening from ages. Technology has been the major driver of globalization. Economic life has been transformed dramatically by the advances in information technology.
“Ethics”, in an organizational context, comprises a set of behavioral standards, expressed as norms, principles, procedural guides, or rules of behavior, defining what is appropriate (right) and inappropriate(wrong). Grounded in a system of values and moral principles, these behavioral
Introduction The key ethical issues that were presented in this case study were quality control, lack of customer care, responsiveness, and harming the customer. The Johnson and Johnson case may have been seen as a turning point due to many things the company did right. However, there were many ethical issues in this case which will be explored more throughout this paper.