Questions for Dialogue/Reflection MGT 370, Business and Society Dr. Wilhelm, Spring 2009 Editions # 22: Learning to Love Whistleblowers Marvin Windows and Doors has a software system to allow employees to “anonymously submit tips, suggestions, and complaints to top executives about anything.” What are the dangers with this policy? What are the benefits of such a policy and system? The author states that “Software companies have positioned whistleblower software as a suitable [internal] control.” Based on what you already know about the Federal Sentencing Guidelines for Organizations, discuss why you might agree of not agree with this statement. Sarbanes-Oxley does not apply to privately held companies, but some companies in the article are “compelled to adapt Sarbanes-Oxley related policies by publicly held joint ventures partners or customers or lenders. Explain what this means. What happens if employees swamp the system with petty grievances? What would you recommend in your company if that happened after implementing a reporting system? Why do you think that an outside whistleblower service might be better than an internal one? The author stated that every report must be taken seriously (implying even petty grievances are reported). Do you agree with that assessment? Why or why not? Editions # 23: On Witnessing a Fraud While refusing to participate in a fraud, can a company’s assurance that you would not be held liable if you followed instructions that resulted in a fraud safely protect you? While the author states that it is reasonable to report serious misbehavior through the company’s internal control system, what about the whistleblower reporting serious misbehavior outside of the system; for example to a regulatory authority or law enforcement agency? Are you morally obligated to do it? The professor (Alford) states, “Most whistleblowers want vindication…But it’s enough to have done the right thing and move on.” Is this true? Why or why not? Alford also recommends in this situation that the whistleblower should lie by leaving the job off of his resume (after being fired or leaving the company). Do you agree or disagree with this? Why? Text, p. 41: Whistleblowing and Employee Loyalty Bowie states that there is a “prima facie duty of loyalty to one’s employer.” Do you agree with this? Why or why not? p. 42: The author claims that businesses are being given a moral status they do not deserve. That loyalty is to persons or groups. But why not businesses? Do ideals of loyalty always have to relate directly to relationships with persons? What about loyalty to honesty, diligence, frugality, self, etc.? p. 43: Is loyalty reciprocally dependent? In other words, does it have to go both ways to be legitimate? Can we be loyal to someone or something that is disloyal in return? p. 44: The author states that “Not only is loyalty to a corporation not required, it more than likely is misguided.” Agree or disagree? Why? The author also states that businesses cannot be perceived as “teams” in the same sense as teams in sports are perceived. Why? Do you agree? Why or why not? Text, p. 45: Some Paradoxes of Whistleblowing Do you agree with the author that whistleblowing can be morally permissible or morally required? Why? If you agree that whistleblowing can be morally permissible or morally required, why, then, does it need to be defended and justified in our society? pp. 47-48: The author makes the argument that if the whistleblower does not have convincing evidence (that a reasonable person would accept), whistleblowing would not even be morally permissible. Do you agree with this? Why? p. 49: Many cases of whistleblowing are NOT about preventing “serious and considerable” physical, financial, or psychological harm. Should this standard for justifying whistleblowing apply? About harm that has already occurred? pp. 49-50: Whistleblowing requires the expectation of preventing harm according to the author’s initial criteria. Do you agree with this? Why? What about righting a wrong? p. 51: C3 proscribes whistleblowing in situations of “minor wrongdoing.” In other words, the situation must be serious. What about minor instances or perceived harms such as sexual harassment? Minor instances of employee theft? Minor instances of lying to customers or suppliers or supervisors?