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Social media and the business environment
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Employees must also be made aware of the duty of loyalty they owe their employers, and how sharing information about their employer through social media might violate this duty. According to Warren and Pedowitz (2011), employees, as agents of their employer, owe their employers a duty of loyalty. Section 387 of the Restatement (Second) of Agency provides that “an agent is subject to a duty to his principal to act solely for the benefit of the principal in all matter connected with his agency” (Restatement (Second) of Agency § 387, 1958); and this principle is frequently apply by the courts – with employers recovering employee gains, rewards, or profits obtained while committing the disloyalty, including paid wages (Warren & Pedowitz, 2011). …show more content…
The duty of loyalty provides that board members act in the best interest of the company during company decision making and activities, as opposed to their own individual interests (Lau & Johnson, 2014c). Therefore, to implement proactive policies concerning board member internet and email use in addition to employee internet use, reassures shareholder confidence. By agreeing to a board member internet use policy, board members are active participants in contributing to policymaking that reflects their fiduciary responsibilities pertaining to their individual internet and email use. However, because the business judgment rule assumes good intent concerning board member business activities and decisions, and member decisions are seldom second guessed by courts (Lau & Johnson, 2014c), board members might invoke this rule if internet policy elements are …show more content…
For instance, in Pacenza v. IBM Corp., a wrongful termination lawsuit, summary judgement was granted in favor of the employer, stating that rightful termination was prompted when the employee violated the employer’s policy that “prohibited the internet use” that the employee engaged in (Burns, 2011, para.4). Not only do sound internet policies thwart frivolous employment lawsuits, they are designed to support employment laws, such as addressing discrimination and harassment. For instance, under the Occupational Safety and Health Act of 1970, employees have a right to a safe work environment, free from the threat of known dangers, such as violence, which includes “harassment, intimidation, or other threatening disruptive behavior” (U.S. Dept. of Labor, 2017, para.2). Employee internet use policies should support employment law
Belanger v. Swift Transportation, Inc. is a case concerning the qualified privilege of employers. In this case, Belanger, a former employee of Swift Transportation, sued the company for libel in regard to posting the reason for his termination on a government data website accessible to other potential employers. Swift has a policy of automatic termination if a driver is in an accident, unless it can be proved that it was unpreventable. When Belanger rear ended another vehicle while driving for Swift, the company determined the accident was preventable, while Belanger maintained it was not. Upon his termination, Swift posted on a database website for promoting highway safety that he was fired because he “did not meet the company’s safety standards,” (Melvin, 2015, p. 265), causing Belanger to sue the company.
...g went to the fact that even though the business did not purposely discriminate, it did in fact due to a policy that is discriminatory in nature. In other words, the true reason for the firing was directly related to substance abuse. Although the employee was technically not let go due to the abuse specifically, the fact that this occurred in fact is enough to render the policy unfair. I feel that this law provides great value to my workplace as, it protects those who have made mistakes at the workplace due to a disability. In this case it was substance abuse, but the same concept could be applied to other conditions that alter behavior.
Confidentiality has several different levels that include employee, management, and business information. Employee data includes personal identifying information, disability and medical information, etc. Keeping this material confidential is important because the information could lead to criminal activity to include fraud or discrimination; this can result in decreased productivity and affect employee morale. Management information covers impending layoffs, terminations, workplace investigation of employee misconduct, etc. It should go without saying that sensitive data should only be available to management. Lastly, the business portion includes business plans, company forecasts, and special ingredients/recipes, information that would not be readily available to competitors. Employees and managers should receive training on how to properly handle confidential information (Jules Halpern Associates, LLC,
Happy Valley, Inc. violated the NLRA by imposing a broad attendance policy. Employees could misinterpret the policy as a tardy employee being sent home for the day, but not terminated. The policy was designed to punish employees and it placed constraints on concerted activity. Additionally, Happy Valley Inc., did not state what “just cause” was in instances of terminations. When Mr. Hackenberg was terminated, there was no due process. In addition, this new policy was only for employees that had been with the company for less than five years. The policy showed favoritism to the senior employees.
...s invasion outside the workplace, the limits to how much they can influence and invade personal lives become increasingly blurred. However, encouraging and offering incentives to employees to comply with this policy outside the workplace is not wrong as it would benefit the employees to do so. Having this policy inadvertently discriminates its employees based on their location, as discrimination whether direct or indirect is ethically integral to determining something as justifiable. As the process of justification is indeed like smoking, after doing it once, it becomes easier to do it again. Once it is done successfully to one case, it becomes more malleable as it can become synthesized to more and more complex and controversial cases.
It is an employer's duty to protect the health, safety and welfare of their employees and other people who might be affected by their business. Employers must do whatever is reasonably practicable to achieve this.
Sir Gawain, in Sir Gawain and the Green Knight written by an unknown author in the late 14th century, is a chivalrous knight because he stays in line of the code of chivalry and stays true to not only his king, but all kings. In the story of Sir Gawain and the Green Knight, the Green Knight challenges the temerity of Sir Gawain’s kingdom. The king of the kingdom stands up for his castle to challenge the Knight, consequently, Sir Gawain steps in his place to save the kingdom and serve the king. Sir Gawain exemplifies the code of chivalry with this duty, among other duties performed along the way. He shows the utmost loyalty to the kings, the prowess of a bull, and an immeasurable amount of courtesy all directly following the guidelines on how chivalry is defined.
All CyberTech employees have the right to work in an organization free of discrimination, victimization, harassing conduct, unwelcome sexual advances, or requests for sexual favors. Verbal, physical, or other communication or conduct by an employee, manager, customer, or supplier that disrupts or interferes with another’s work performance or that creates an intimidating, offensive, or hostile environment will not be tolerated. All types of harassment, whether based on sex, race, color, religion, age, sexual orientation, disability, or other protected class, are unacceptable work behavior and expressly prohibited.
disclosure must be for the public interest, which means it must be of benefit to the general public. Whistle-blowers are protected by the law under the Securities Exchange Commission (SEC), the Whistleblowing Protection Act, the Occupational Safety and Health Act (OSHA) as well as other state and federal laws that protect the reporting individual from wrongful termination and/or other retaliating actions of an organization. The law protects the illegal activities reported by a whistle-blower to include, but not limited to, fraud, illegal environmental activities, wrongful conviction, insider trading, and the concealing any illegal activities by an employer (Vinten, 1994). In order for the employee to be protected under whistle-blower laws,
Despite the existence of international agreements and laws on state crimes and on the rights of citizens, it is impossible to forget that the states’ sovereignty play a pivotal role in International Law. Acknowledge of international law is a faculty made by each state on their own. Moreover, the US defends jurisprudence made by their own Constitution, so no treaty, convention or agreement comes into play when the US discuses International Law. As many other states, the US believe their sovereignty and jurisdiction is supreme. One example of what I have stated before is the case between The Republic of Nicaragua v. The United States of America from 1986, the US argued that the ICJ had no jurisdiction to rule over them and blocked any ruling of the ICJ in the UN Security Council.
Managers and executives are normally in a position to gift themselves excess bonuses which may also include expensive vacations illegally funded by the funds of a firm. Most managers have their employers as the shareholders of the company, and embezzlement of the company finances is a form of employee theft. Under such circumstances, employees ought to act in the best interest of the shareholders, i.e., wealth maximization, thus ensure high returns to the shareholders. However, this always fails to be the case as some pay themselves high salaries not approved by shareholders. Another form of employee theft is experienced in most family businesses.
The board membership, irrespective of executive or non executive membership, is very crucial in the governance and management of the company. However, as the duties and responsibilities of directors vary according to their type of directorship; the rewards should also match the responsibilities carried out and be in line with the performance shown over period of time.
To begin with, I am hearing a bundle of negative and positive points, on the subject of filtering, or not filtering internet in a workplace, and it is a notable occurrence that this is coming up. When I first heard about this issue, I was leaning more towards the filtering it in a workplace, But the more I read about this, it seems like a helpful idea not to filter the internet. As a result, Let’s proceed over why I feel so strongly that the internet not be filtered. First, “While we recognize that it is in all our interests to promote productivity and a positive workplace environment, we believe that blocking our free access to the internet is the wrong way to go about this. First, there is more to that Salary.com statistic that you
The Board of Directors believes that the primary responsibility of the Directors is to provide effective governance over Halliburton's affairs for the benefit of its stockholders. Responsibilities responsibility includes: reviewing succession plans and management development programs for members of executive management; reviewing succession plans and management development programs for members of executive management; reviewing and approving periodically long-term strategic and business plans and monitoring corporate performance against such plans; adopting policies of corporate conduct, including compliance with applicable laws and regulations and maintenance of accounting, financial, disclosure and other controls, and reviewing the adequacy of compliance systems and controls; evaluating annually the overall effectiveness of the Board; and reviewing matters of corporate governance
According to Carol Padgett (2012, 1), “companies are important part of our daily lives…in today’s economy, we are bound together through a myriad of relationships with companies”. The board of directors remain the highest echelon of management in any company. It is the “group of executive and non-executive directors which forms corporate strategy and is responsible for monitoring performance on the behalf of shareholders” (Padgett, 2012:1). Boards are clearly critical to the operation of companies and they are endowed with substantial power in the statute (Companies Act, 2014). The board is responsible for directing and steering the company. The board accomplishes this by business planning and risk management through proper corporate governance.