LAW7200

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William Paterson University *

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7200

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Philosophy

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Jan 9, 2024

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Analytical Research Paper qwertyuiopasdfghjklzxcvbnmqw ertyuiopasdfghjklzxcvbnmqwert yuiopasdfghjklzxcvbnmqwertyui opasdfghjklzxcvbnmqwertyuiopa sdfghjklzxcvbnmqwertyuiopasdf ghjklzxcvbnmqwertyuiopasdfghj klzxcvbnmqwertyuiopasdfghjklz xcvbnmqwertyuiopasdfghjklzxcv bnmqwertyuiopasdfghjklzxcvbn mqwertyuiopasdfghjklzxcvbnmq wertyuiopasdfghjklzxcvbnmqwer tyuiopasdfghjklzxcvbnmqwertyu iopasdfghjklzxcvbnmqwertyuiop asdfghjklzxcvbnmqwertyuiopasd fghjklzxcvbnmqwertyuiopasdfghj klzxcvbnmqwertyuiopasdfghjklz xcvbnmrtyuiopasdfghjklzxcvbnm

As the Director of the Ethics and Compliance Office of XYZ Corporation, this is a US-based for- profit management health care company. I must address the troubling issues that have been brought to my attention in regards to social media post. With this new age of social media and those posting their frustrations and giving opinions. I must consider any legal or ethical implications that both of them may have. During this analytical report I will try to highlight any issues and corrective actions to do so. As of 2020, we were ranked #5 on the Fortune 500 rankings of the largest US corporations by total revenue. This is a big accomplishment and plays an important role in our overall reputation however; I must acknowledge and confront three issues that have been brought to the public eye that could tarnish the company’s reputation. There are three issues that I will have to resolve. The first issue at hand is the case of the intern applicant who posted a negative statement on Facebook about their internship at the Corporation’s Controller’s office for which she had applied for. I will need to determine whether this particular applicant should receive the internship at XYZ Corporation based on the negative comments that were left on Facebook that were focused on our policy of professional dress code. Understanding both our legal and ethical policies. I must take all things into considerations. The second issue concerns a current employee from XYZ Corporation who posted negative comments regarding the food service cleanliness at the office’s pantry. Food is cooked and served to both employees and customers. He believes there’s an issue with severing the same food our employees and customers. I will have to evaluate whether his social media criticisms allow for termination of his contract with the corporation. The final issue refers to complaints received from numerous supervisors about staff members’ and their engagement on social media platforms during working hours. Management has voice concerns that the increase engagement of social media has led to low productivity from staff. Identifying the

framework for personal internet use during working hours. I will have to review and discuss what the legal and ethical impact will be. What are the consequences of misusing their time during company hours? An intern applicant posted negative remarks on Facebook about an internship at the Controller’s office at XYZ for which she had applied. The negative comments were focused on the policy for professional dress as an intern. Should she receive an internship at XYZ? While assessing this matter, one can agree that this issue can be weighted both legally and ethically. There were many factors that need to be answered during my assessment. Was the negative comment the only rationale for why she was not selected for the internship? How this information was access and brought to the Corporations attention? Was it published on a public platform? I have to consider whether the information at questions was obtained legally and there is lawful use of this information. My legal standpoint, as Director of Ethics and Compliance at XYZ Corporation, I have to consider whether all information in regards to this intern was obtained legally and whether there is lawful use of said information. Now from my ethical point of view, I have to consider whether there was a failure to train and provide documentation to the intern on the fundamental principles of the company’s code of conduct and ethics. The hiring process whether an intern or hiring someone it is important that the candidate demonstrates the ability to adhere to our Code of Ethics. The corporation’s looks for certain attributes that will ensure both parties share the same values. Fundamental Principles #1 and #19 Principle #1: The professional conducts him/herself with honesty, integrity, and fairness. Principle #1 relates to the worth of integrity and addresses attributes and behaviors that ought to

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characterize for all professionals this includes students who will be entering the workforce, as well. It highlights how she accessed this information, and what were intentions by using this information on a social media platform. It raises questions on her integrity and if the corporation would have confidentiality issues with her in the future. The impact of social media rants how raise red flags, if hired can she is trusted or if in the future have different opinions on how the business will operate. Will she use social media to voice her opinion against the Corporations? Principle #19 relates to the importance of adhering to the Code of Ethics together with postings on social media. Considerations associated with this principle suggest an assessment should take place to see the placement of the data and how it was used. If an existing employee went against these rules, he or she would be discipline? Key Takeaways Employees and interns of XYZ Corporation are expected to adhere to the Code of Ethics including posting on any social platform. A social media platform like Facebook is a public domain. Any information posted on this platform is considered public. Recruiters should always remain professional when communicating with potential candidates. They should understand the companies Code of Ethics and communicate clearly for applicants to understand. The intern has no protection of the information once published publicly. The company does not have to accept her as an intern. The right to free speech is not applied in this situation. There are two exceptions if she was already hired and this information was brought to use afterwards. The National Labor Relations Act protects employee (intern in this case) statements exposing unlawful acts even when

made public and the Whistle Blower laws protect statements which expose unlawful acts within an organization. Federal and State laws deny unauthorized access to certain information which is transmitted or stored electronically. Individuals must be mindful and careful where they access the online information about an organization. If not authorize legal actions can be applied. In the age of social media individuals need to be mindful that there are long-term effects when posting negative comments. Interpretation is a major factor to what is being posted. The wrong comment can have serious ramifications to a business. This intern’s derogatory statements showed a lack of respect for values, integrity and professional behavior that we at XYZ Corporation expects from its employees. A current employee of XYZ posted negative comments about his job at XYZ regarding the cleanliness of the foodservice at the office’s pantry. Food is cooked and served to both employees and customers. Are such actions sufficient to amount to termination? Of not, what other actions will you suggest? Consider both legal and ethical implications. We must review what the corrective actions will need to be to maintain our reputation. If we terminate it leaves us at higher risk for said employee to post more negative comments about the company. This situation has a higher impact for both legal and ethical implications. Fundamental Principles #1 and #4 Principle #1: The professional conducts him/herself with honesty, integrity, and fairness. We must first evaluate and validate the issue at hand. Is the statement true about the cleanliness of the food service at the office’s pantry? Are there other complaints about the same issue? Will a survey validate the negative comments are malicious? Will this warrant termination of his contract with the company or move management to remedy the dilemma?

Principle #4: The professional must complies with all laws and regulations applicable or related to the profession or to the practitioner’s ethical obligations as described in this Code. The employer should comply with the regulations that govern the work contract on how they treat their employees and the conditions of said place. An employee posting negative reviews about their experiences at places of work has become a hot topic among employers according to recent studies. The National Labor Relations Board is the protection board for employees who are discharged for making truthful claims about their companies that may be unlawful or unethical. This allows their freedom of truthful speech to be protected if made publically. This board enforces the labor relations act and laws ensuring that the employees are not abused by their employers. This holds companies accountable for their actions and ensuring that they maintain ethical practices. Key Takeaways NLRB protects employees’ rights to unionize and ask for collective bargaining for better working conditions and wages The Act prevents the employer from terminating or disciplining employees for speaking up about what is wrong within the organization. The Act does not protect employees from false comments. XYZ Corporation will have to do enough internal research and ensure that the company is not going against any employee rights. An investigation will have to determine whether the post was made on a personal computer or company issued. If it was posted during working hours training on the proper way to communicate within the origination will need to be given. From the investigation, if said remark is found to have merit he will not be terminated, but coaching will be given. Xyz Corporation will advise

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that in the future, all concerns should be taken to a supervisor. This will allow for internal discussion before going public. You received numerous complaints from supervisors that many staff members are on Facebook or Instagram or Twitter frequently during the work day. Supervisors are concerned about the loss of employee work time and productivity as employees use work computers and time to send personal e-mails, play games, shop, in addition to visiting social media sites. Can supervisors monitor employee Internet use at work? Can they place a limit? What should be the consequences if employees do not cooperate? Consider both legal and ethical implications. Social media has had a big impact on productively in the workforce. Training employees that company issue equipment is not to be used for personal use has drawn a grey area in some cases. To analyze these complaints I have to review all aspects and point of views in this situation. Fundamental Principles #1 and #4 Principle #1: The professional conducts him/herself with honesty, integrity, and fairness. Employees should adhere to this principle; they’re employed to take on their duties with diligence, honesty, in accordance with the code of conduct. Principle #4: The professional must complies with all laws and regulations applicable or related to the profession or to the practitioner’s ethical obligations as described in this Code. It is the supervisor’s responsibility to monitor the use of company resources. This includes XYZ corporation’s time, services, and equipment. All resources at the workplace are for work purposes only. Said employees should follow the company policies. This should not misuse the employer’s resources for personal tasks or gains not allowed by the company. The employer may assess the low productivity claims by monitoring how the employees use their time during the working hours.

Key Takeaways Employers can monitor their employees generally in what they do online with consent. The employer is obligated to tell employees in writing that their use of the company resources may be monitored. Disciplinary actions can be taken against employees for excessive personal use only when outlined in the company’s policies. Employer must implement safeguards against using unrelated information within their monitoring policy when making employment decisions. Termination of an employee for excessive social media use it is the company’s obligation to ensure that said termination was not discriminatory. Company must ensure that the investigation is not bias and is in line with company policies. Employees can use their own devices during breaks to limit the use of company’s equipment and help realign productivity. Research 3-4 Fortune 500 Large Corporations – Compare the companies’ Code of Professional Conduct: Target, Apple, and CVS Health all hold similar views when it comes to Ethics. I chose these three because as business changing, so are the relationships with these corporations. Target and CVS has partner together to provide pharmacy within Target stores. Although Target and Apple don’t have a relationship like, Target and CVS their big supplier for Target when you talk technology. The evaluation and comparison of these corporations is detailed below. Target uses the trust of their customers, associates, communities, and business partners for their competitive advantage. They act with authenticity and respect by creating equitable experiences for all.

They have also built a trusted relationship that has allowed them to collaborate across business functions by delivering the best results. They have three core values which should be followed: Inclusivity, Connection, and drive. These values have contributed their success and continuous growth in its market. Apple’s code of conduct is one that more corporations should use. They have a clause in their contracts that suppliers cannot discriminate against any employee based on race, color, gender, sexual orientation, or any aspect in hiring and employment practices like termination, discipline, and applications (Apple Inc., 2022). They have four core values that should be followed, as well: Honesty, Respect, Confidentiality, and Compliance. Apple has created a 19 page Code of Conduct blueprint that details their expectations and policies. CVS Health also has a well created professional code of conduct document which covers the discussed issues and how the employers should assess them following the indicated policies. In regards to social media, there are special professional codes of conduct which apply. Only the Corporate Communications staffs are authorized to speak to the news media. If an employee chooses to speak about the company, they should do it as individuals and not on behalf of the company. Memo Comparing XYZ Corporation’s established code of ethics and professional conduct guidelines with that of Target, Apple and CVS, the amendments will express the company’s position on the issues during this analysis. The memorandum will silence any misconceptions about the recent employment issues that have circulated. I believe these measures should realign the company back to optimal proficiency.

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Segment All social media platforms are public domains and available for viewing to anyone. Any posting of negative or confidential information about XYZ Corporation will be grounds for immediate termination. We value employee feedback and seek to use appropriately channeled differing views for process improvements. Please share any grievances will management for appropriate corrective actions. Many miscommunications on social media will be grounds for termination pending investigation. Please note that the implementation of online monitoring will be conducted by our IT Department periodically and randomly. All company equipment including computers should be used for the sole purpose of performing work duties during working hours. Unauthorized use of company owned equipment will be grounds for disciplinary action up to and including possible termination.

Apple Supplier Code of conduct. (n.d.-a). https://www.apple.com/supplier- responsibility/pdf/Apple-Supplier-Code-of-Conduct-and-Supplier-Responsibility- Standards.pdf CVS health code of conduct . CVS Health Suppliers. (n.d.). https://cvssuppliers.com/node/556 Kaupins, G., & Park, S. (n.d.). Legal and ethical issues associated with employee use of social networks . ScholarWorks. https://scholarworks.boisestate.edu/manage_facpubs/18/ Kiera Fernandez Executive Vice President and Chief Community Impact and Equity Officer, Fernandez, K., & Executive Vice President and Chief Community Impact and Equity Officer. (n.d.). Culture: Working at target: Target corporate . Target. Expect More. Pay Less. https://corporate.target.com/careers/culture Monitoring employee social media activity at work | the Hartford. (n.d.-b). https://www.thehartford.com/business-insurance/strategy/workplace-privacy/social-media- monitoring National Labor Relations Act . National Labor Relations Board. (n.d.). https://www.nlrb.gov/guidance/key-reference-materials/national-labor-relations-act Saruya, J. M. (2020, August 10). Legal and ethical considerations for utilizing Social Media . The Legal Intelligencer. https://www.law.com/thelegalintelligencer/2020/08/10/legal-and- ethical-considerations-for-utilizing-social-media/?slreturn=20230922233132 T;, P. (n.d.). Promoting student integrity: Ethical issues in the Digital age . Journal of the Academy of Nutrition and Dietetics. https://pubmed.ncbi.nlm.nih.gov/29242122/

LAW7200

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