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Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts
Edition 16ISBN: 978-1285428253Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts
Edition 16ISBN: 978-1285428253 Exercise 1
You have a very shy employee who is from another country. After a time, you notice that the quality of her performance is deteriorating rapidly. You find an appropriate time to speak with her and determine that she is extremely distraught. She informs you that her family has arranged a marriage for her and that she refuses to obey their contract. She further informs you that she is contemplating suicide. Two weeks later, with her poor performance continuing, you determine that she is on the verge of a nervous breakdown; once again she informs you that she is going to commit suicide. What should you do? Consider further that you can petition a court to have her involuntarily committed to a mental hospital. You know, however, that her family would consider such a commitment an extreme insult and that they might seek retribution. Does this prospect alter your decision?
Explanation
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Whether an employer should take action in the case of the employee who has expressed plans to commit suicide depends on the ethical theory applied.Under Ethical Fundamentalism , the employer would look to a central authority or set of rules to guide the decision-making. In this case, the Bible may direct the employer to contact the family or to petition the court. Likewise, the fact that the law permits a petition for the court to commit her to an institution would signal to the employer that this course of action is ethical, despite how the family might react.
Ethical Relativism would find whatever course of action the employer feels is right to be ethical. Therefore, if the employer feels that petitioning the court is the right thing to do, then it is right no matter what anyone else thinks. Contrast this theory with a person applying Situational Ethics , who would judge the employer's actions by first putting him or herself in the employer's shoes and then deciding whether it was right or wrong to petition the court.
Utilitarianism would decide on a course of action that brings the greatest amount of net pleasure.Petitioning the court to commit the employee may save the employee's life, which would bring pleasure to her, her family, and the employer. Although the family may consider the petition an insult, they would most likely be happier that their family member's life was saved. If the employer does nothing, the employee could die, which would bring death to her, pain to her family, and the loss of an employee to the employer.
Therefore, on balance, petitioning the court would be the best course of action.
Other ethics theories such as Intuitionism would conclude that the employer, as a rational person, possesses inherent powers to assess the correctness of actions. Such rational person may conclude that something must be done to save the employee whether it is to petition the court or to contact the employee's family to discuss the matter. Similarly, the Television Test would likely conclude that the employer should do something to try to help. The employer may also consider the Good Persons philosophy, which would involve seeking out and emulating the action of a person who always seems to know the right choice.
Finally, advocates of the social responsibility of corporations would argue that it is the employer's responsibility to try to save the employee's life by taking some action because corporations owe society for allowing them to exist. Likewise, on a small scale, helping to save the employee will create good will in the community.
Arguments against social responsibility would claim that the employer's sole purpose is to focus on the profitability of the business, that it is unfair to shareholders for him to take time away from focusing on profitability, that the corporation should not be accountable to individuals, and that it is not in the employer's expertise to evaluate whether an employee is suicidal.
Although the "right" thing to do here depends on the ethical theory applied, most theories would conclude that the employer should take some course of action to save the employee's life, whether it is to petition a court to commit her or to contact the family to express discuss the matter. Such ethical theories should trump any viewpoint against the general social responsibility of corporations.
Ethical Relativism would find whatever course of action the employer feels is right to be ethical. Therefore, if the employer feels that petitioning the court is the right thing to do, then it is right no matter what anyone else thinks. Contrast this theory with a person applying Situational Ethics , who would judge the employer's actions by first putting him or herself in the employer's shoes and then deciding whether it was right or wrong to petition the court.
Utilitarianism would decide on a course of action that brings the greatest amount of net pleasure.Petitioning the court to commit the employee may save the employee's life, which would bring pleasure to her, her family, and the employer. Although the family may consider the petition an insult, they would most likely be happier that their family member's life was saved. If the employer does nothing, the employee could die, which would bring death to her, pain to her family, and the loss of an employee to the employer.
Therefore, on balance, petitioning the court would be the best course of action.
Other ethics theories such as Intuitionism would conclude that the employer, as a rational person, possesses inherent powers to assess the correctness of actions. Such rational person may conclude that something must be done to save the employee whether it is to petition the court or to contact the employee's family to discuss the matter. Similarly, the Television Test would likely conclude that the employer should do something to try to help. The employer may also consider the Good Persons philosophy, which would involve seeking out and emulating the action of a person who always seems to know the right choice.
Finally, advocates of the social responsibility of corporations would argue that it is the employer's responsibility to try to save the employee's life by taking some action because corporations owe society for allowing them to exist. Likewise, on a small scale, helping to save the employee will create good will in the community.
Arguments against social responsibility would claim that the employer's sole purpose is to focus on the profitability of the business, that it is unfair to shareholders for him to take time away from focusing on profitability, that the corporation should not be accountable to individuals, and that it is not in the employer's expertise to evaluate whether an employee is suicidal.
Although the "right" thing to do here depends on the ethical theory applied, most theories would conclude that the employer should take some course of action to save the employee's life, whether it is to petition a court to commit her or to contact the family to express discuss the matter. Such ethical theories should trump any viewpoint against the general social responsibility of corporations.
Smith and Roberson's Business Law 16th Edition by Richard Mann,Barry Roberts
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