CRITICAL QUESTION? Are you a zealot or heroin/hero when you blow the whistle on your company?
Whistle Blowing and Professional ResponsibilitySissela Bok • High stakes for Individual • Reassignment, legal costs, downgrades at work, work with responsibility, constructive harassment, starting over • Organization • Mutual Suspicion, hiding behind executive privilege or national security
QUESTIONS TO BE ANSWERED • Level of harm to public (imminent threat tied to accused)? • Level of loyalty to firm and other employees? • How will action be perceived (disgruntled worker, financial gain - book deal)? • How accurate is the information? • Am I acting out of religious or dogmatic positions? • Am I articulate enough to create a following? • Are the issues legitimately private?
CRITICAL QUESTION? Do you own your job?
Employment at Will and Due ProcessWerhane and Radin • “Employment at Will • an employee may quit their job for any reason or no reason and the employer may terminate an employee for any reason or no reason that does not violate the law.
WORK AND WORKERS • Union Workers • Pay for protections through wage concessions • Public Workers • Protected by law from political terminations • Private Employees/Due Process • A procedure including a hearing of facts, trial, grievance procedure, or appeal of a work related decision. • When cases involved just cause for termination or violation of public interests employees won 67% of cases
Support Property rights of employer to make a profit Both parties free to quit Taking a job implies termination at will Further government involvement will harm business Against Line between public and private worker is blurring Public has a right to have stable employment Due process is a moral imperative if organizations are allowed into a society ARGUMENTS
In Defense of the Contract at Will DoctrineRichard A. Epstein • FAIRNESS • Freedom to Contract is an aspect of personal liberty • It favors utility in that it allows for adjustments without litigation • DISTRIBUTION • Allows for the free exchange of labor. Only people strongly in favor are lawyers and interests groups who administer the new laws
TEST TWO PAGES 159 - 323
Employment SecurityRosabeth Moss Kanter • Clash between job-tenure ideal in the past and job-insecurity realities of 2000. • How realistic is Kanter’s New Policy • Page 323-324.