Part of our objective this week is to understand the legal and ethical issues related to criminal activity and privacy in the workplace. These are two very important issues for those going into Management.
When it comes to criminal activity, because of recent accounting and financial fraud events, the Justice Department is now pro-active in prosecuting people and businesses if it means protecting consumers and especially investors. Because of the Bernie Madoff and Enron scandals, Congress stepped up legislation and created the Sarbanes-Oxley Act – see the video below. An important part of the SOX legislation are whistleblower provisions, specifically §1514A. – https://www.whistleblowers.gov/statutes/sox_amended
Also, this week, we will be discussing privacy rights in the workplace. The test for privacy is to ask, “Does one have a reasonable expectation of privacy?” Remember, when it comes to privacy, a business executive must balance an employee’s privacy interests with that of the company’s interest in doing business and ensuring productivity in the workplace.
Assignment 1: Refer to the Chapter 8 textbook reading. Who can be found guilty of business crime and what is the key to establishing criminal liability? Using the Internet, research and post an example of a business crime committed in the last two years and any and all who were held criminally liable. (See the examples of types of business crimes in the chapter reading.) Include your source for information in your answer.
When it comes to crime and privacy protection in the workplace, do private employees have a reasonable expectation of privacy? What about public employees? Why or why not? What is the test for the tort of invasion of privacy? If management’s interest is to make sure its employees are productive, can management monitor computers, workstations, phones, et cetera? Why or why not?
