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Archie B. Carroll Ann K. Buchholtz

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1 Archie B. Carroll Ann K. Buchholtz
Business & Society Ethics, Sustainability, and Stakeholder Management Eighth Edition Archie B. Carroll Ann K. Buchholtz © 2012 South-Western, a part of Cengage Learning

2 Chapter 17 Employee Stakeholders and Workplace Issues
© 2012 South-Western, a part of Cengage Learning

3 © 2012 South-Western, a part of Cengage Learning
Learning Outcomes Identify the major changes that are occurring in the workforce today. Outline the characteristics of the new social contract between employers and employees. Explain the employee rights movement and its underlying principles. Describe and discuss the employment-at-will doctrine and its role in the employee’s right not to be fired. Discuss the right to due process and fair treatment. Describe the actions companies are taking to make the workplace friendlier. Elaborate on the freedom-of-speech issue and whistle- blowing. © 2012 South-Western, a part of Cengage Learning

4 © 2012 South-Western, a part of Cengage Learning
Chapter Outline The New Social Contract The Employee Rights Movement The Right Not to Be Fired Without Cause The Right to Due Process and Fair Treatment Freedom of Speech in the Workplace Summary Key Terms Discussion Questions © 2012 South-Western, a part of Cengage Learning

5 Global Competition and the Social Contract
The social contract between organizations and their workers has been reshaped. Driven by global competition and the economic recession. The trend toward more expansive employee rights Right not to be fired without good cause Right to due process and fair treatment Right to freedom of speech in the workplace © 2012 South-Western, a part of Cengage Learning

6 © 2012 South-Western, a part of Cengage Learning
Employee Loyalty Loyalty remains important Employers must earn employee loyalty through demonstrating: Trust Respect Commitment Uncertainty from the global economic recession made employees feel more loyal to their employers. © 2012 South-Western, a part of Cengage Learning

7 Training and the New Social Contract
Outplacement Assistance provided to laid-off employees. Is an important ethical responsibility. The duty to treat employees well does not end when they are terminated. © 2012 South-Western, a part of Cengage Learning

8 The Employee Rights Movement
Private property Individuals and private organizations are free to use their property as they desire. Historically, private corporations did not have to recognize employee rights. © 2012 South-Western, a part of Cengage Learning

9 © 2012 South-Western, a part of Cengage Learning
Employee Rights Rights From the Principle of Rights perspective, rights are justifiable claims that utility cannot override. Sources of employee rights Statutory rights Collective bargaining rights Enterprise rights © 2012 South-Western, a part of Cengage Learning

10 Models of Management Morality
Moral management Employees are viewed as a human resource that must be treated with dignity and respect. Amoral management Employees are treated as the law requires. Immoral management Employees are viewed as factors of production to be used, exploited, and manipulated. © 2012 South-Western, a part of Cengage Learning

11 The Right Not to Be Fired Without Cause
Good cause norm The belief that employees should only be discharged for good reasons. Prevails in the United States today. Employment-at-will doctrine The relationship between employer and employee is a voluntary one that can be terminated at any time by either party. Is a fairly unique concept in the world. © 2012 South-Western, a part of Cengage Learning

12 Legal Challenges to Employment-at-Will
Public policy exceptions Protects employees from being fired for refusal to commit crimes. Implied contract exception Protects employees who they believe have contracts or implied contracts. Good faith principle Employers may lose lawsuits to former employees if they cannot show that employees had opportunities to improve their performance before termination. © 2012 South-Western, a part of Cengage Learning

13 Terminating an Employee
Know what an employer should and should not do when terminating an employee. © 2012 South-Western, a part of Cengage Learning

14 The Right to Due Process
The right to receive an impartial review of one’s complaints and to be dealt with fairly. The right of employees to have decisions that adversely affect them be reviewed by objective and impartial third parties. © 2012 South-Western, a part of Cengage Learning

15 Alternative Dispute Resolution
Open-Door Policy Hearing Procedure The Ombudsman The Peer Review Panel © 2012 South-Western, a part of Cengage Learning

16 Concerns with the Open-Door Policy
The process is closed. One person is reviewing what happened. Tendency for a manager to support another manager’s decision. A hearing procedure helps open up the process because employees can elect representation. © 2012 South-Western, a part of Cengage Learning

17 © 2012 South-Western, a part of Cengage Learning
The Ombudsman Has been used in Sweden since 1809 to curb abuses by government against individuals. Ombuds handle the concerns of employees who believe they have witnessed wrongdoing. They keep the problem from getting out of hand. © 2012 South-Western, a part of Cengage Learning

18 Factors for a Successful Peer Review Panel
People in the process are respected members of the organization. Elected, rather than appointed, committee members. Provide training in dispute resolution, discrimination, fairness, legalities, and ethics for everyone involved. Representatives of both employees and management should be involved in decision making. © 2012 South-Western, a part of Cengage Learning

19 Mandatory Arbitration
A process where a neutral party resolves a dispute between two or more parties and the resolution is binding. Mandatory arbitration The parties must agree to arbitration prior to any dispute occurring. © 2012 South-Western, a part of Cengage Learning

20 Freedom of Speech in the Workplace
Whistle-Blower An organization member who discloses illegal, immoral, or illegitimate practices under the control of their employers, to persons or organizations that may be able to effect action. © 2012 South-Western, a part of Cengage Learning

21 © 2012 South-Western, a part of Cengage Learning
Whistle-Blowing What are the key elements in the whistle- blowing process? Be able to list and describe the consequences of whistle-blowing. What should employees think about before going ahead and blowing the whistle? © 2012 South-Western, a part of Cengage Learning

22 Government Protections for Whistle-Blowers
1978 Civil Service Reform Act Michigan Whistle-Blowers Protection Act of 1981 Sarbanes-Oxley Whistle-Blower Protections Know the different protections offered by SarbOx. False Claims Act © 2012 South-Western, a part of Cengage Learning

23 Management’s Responsiveness to Whistle-Blowing
Whistle-blowing occurs after less dramatic channels of communication have failed Managers must be clear that they invite suggestions. Managers must refute commonly held assumptions and organizational myths that discourage communication. Managers should tailor rewards so that employees share more directly in cost savings or sales increases from ideas they offer. © 2012 South-Western, a part of Cengage Learning

24 © 2012 South-Western, a part of Cengage Learning
Key Terms 1978 Civil Service Reform Act Alternative dispute resolution (ADR) Collective bargaining Due process Employee Rights Employment-at-will doctrine Enterprise rights False Claims Act Good cause norm Good faith principle Hearing procedure Implied contracts Mandatory arbitration Michigan Whistle-Blowers Protection Act of 1981 Ombudsman Outplacement Open-door policy Peer review panel Private property Public policy exception Social contract Statutory rights Whistle-blower © 2012 South-Western, a part of Cengage Learning


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