Unit 7 Questions Johnny Palafox
1. How much obedience and loyalty does an agent employee owe to an employer? What if the employer engages in an activity—or requests that the employee engage in an activity—that violates the employee’s ethical standards but does not violate any public policy or law? In such a situation, does an employee’s duty to abide by her or his own ethical standards override the employee’s duty of loyalty to the employer?
When there is an agent employee to an employer relationship, obedience and loyalty are to be given to the employer almost fully, if anything completely. For example, when I go to apply for a job and upon signing a contract, the employer will only hire me, if I decide to give them complete
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2. When an agent acts in violation of his or her ethical or legal duty to the principal, should that action terminate the agent’s authority to act on behalf of the principal? Why or why not?
No, the act to the agent’s authority to act on behalf of the principal should not be terminated if the agent violates his or her ethical or legal duty to the principal. Sometimes agents violate the code of ethics because he or she may feel that it will benefit him or her on future opportunities. For example, (Miller, 2013) “three employees of Lockheed Martin Corporation copied confidential information and trade secrets from Lockheed’s computer network onto compact discs and Blackberries. Lockheed had authorized the employee-agent to access these files but was understandably upset when the three resigned and went to work for a competitor, taking the trade secrets with them” (pg. 648). Ethically, these three employees didn’t act so loyal to the principal when they took the trading secrets with them when they moved to work for a competitor of the agent. However, like the book stated, because the principle gave them authority to have access to those files, the district court ruled in favor of the three employees because they did not lose this authorization when they breached loyalty to the principal. As long as an agent has full permission, to act on behave of the principal, the agent is in no wrong doing if he as she decides to leave the company
two major tribes were the Ostrogoth’s and the Lombard’s where power shifted several times, And the
4.) Employee Compliance to the Code: The entire staff is expected to be compliant to the rules and regulations set forth by Company X. Reported accounts of non-compliance will lead to an internal investigation of both the accuser as well as the accused; disciplinary action will necessarily follow if company rules and regulations have not been adhered to or improperly dismissed. Granted that there are many different situations that could arise in which one would believe unethical behavior or misconduct transpired; therefore, it is suggested that first the issue in question is evaluated before presenting to one’s direct
The original assignment in this module dealt primarily with employers trying to find wrongdoing by employees. We now turn to the question of employee rights and employer obligations. Using at least two (2) of the foundational ethical theories studied in Module 2, you should answer the following questions. With each answer, you should discuss the issues and set forth and defend a clear position.
5. suspected security. Like having a regular job, you said the company may decide to leave the agent, you may be terminated without cause, or they can become bankrupt at any time. Unlike ordinary people, you will not have any severance payments or other compensation to you, if these things
How would you describe the ethical dilemma confronted by the managers at the law firm?
A fiduciary relationship allows the parties to avoid obligations without liability. ANSWER: F PAGE: 638 A corporate officer is not an agent for the corporation. ANSWER: F PAGE: 638 An officer of a corporation cannot possess the power to bind the corporation. ANSWER: F PAGE: 638 An agent is authorized to act on behalf of a principal in doing business with third parties. ANSWER: T PAGE: 638 An employee may act in the capacity of an agent.
Not knowing what the violation was exactly it is hard to determine whether the agent’s authority should be terminated. Generally, when an agent acts in violation of his or her ethical or legal duty to the principal, that action should terminate the agent’s authority to act on behalf of the principal. The relationship between an agent and principal is based on trust and that develops a fiduciary relationship. With having this relationship, the agent must serve the interests of the principal and has certain duties that they need to fulfill. The agent’s duties include being loyal and obedient, informing the principal, and performing with reasonable diligence and skill. Agent’s also have ethical rules that need to be fallowed. If an agent violates their ethical or legal duty, it is not fair to the principal and they should not be allowed to continue to act on their behalf.
Rule: 1. As a matter of law, a principal does not owe a fiduciary duty to an agent.
55. An agent can be terminated when consent is no longer there. With that being said, this means that the agent does not have the authority to bind the principal anymore. An agency relationship can be irrevocable if the agent has a security interest within the subject matter of the agency.
Ethics is more than legality and although there doesn’t appear to be any broken laws, or any broken yet, ethical standards in business are fundamental. Ethics goes beyond obeying laws to include abiding by moral standards accepted by society. Without good moral behavior, many more negative situations would develop like corruption, insider trading, extortion, embezzlement, and for students, plagiarism. Frank is put in a difficult situation because he conscientiously knows that the wrong decision wouldn’t only affect Michele, but will also affect him and his team. Not carrying out his supervisor’s request can eventually get him fired. Doing what he wants, will have unfavorable future outcomes for his team. Sometimes there is no easy alternative in such ethical dilemmas because you must choose between equally
“An agent’s behalf of and be subject to the control of the principal, act within the scope of authority or power delegated by the principal, discharge the duties with appropriate diligence, and avoid conflict between personal interests” (U.S. Legal). Some other obligations of an agent include not to acquire any material benefit from a third party in connection with a transaction conducted or through the utilization of the person’s positions as an agent. Additionally the act with care, competence, and activity objectively exercised by agents in similar circumstances, and to comply with all lawful authorizations received from the principal and people designated by the principal concerning agent’s actions on behalf of the principal, etc. The agent owes the principal five obligations and they are performance, notification, adhesion, compliance, and accounting and from the text, it explicated each one. “Performance is an implied condition in every agency contract is the agent’s agreement to use agreement to use reasonable diligence and skill in performing the work” (Roger, LeRoy, & Miller). “Notification is an agent required to notify the principal of all matters that come to her or his attention concerning the subject matter of the agency, and adhesion is one of the most fundamental obligations in a fiduciary
In business ethics, the “gray” areas are the toughest aspects that don’t have a clear right or wrong answer, but the reaction of the other party can have a potential negative impact on the business itself. Ethically, Jill will want to avoid the negative consequences as much as possible to avoid a conflict with William Potter and Henry. Objectively reviewing Henry delegated from William to Jill will have huge implications as the review moves forth. In making the decision, Jill will answer the question of what she should do and identify three supporting ethical theories that will make the decision easier for her dilemma.
First of all, the ethical issue is dealt with the seniors in the company. The seniors in the company should be the ones who have a higher mature mental awareness towards regulating the organisation as they should come from a background of being highly educated. The president, Bob, is a senior in the company is one of the stakeholders, however he
The common law position was that a director had two types of duties; one a fiduciary duty and the other a duty of care, skill and diligence. The fiduciary duty contains within it the duty to act bona fide in what the director believes is in the best interests of the company . The duty of care, skill and diligence is an overarching arm of the fiduciary duty itself. The Re Fawcett case highlights
Associations may use a guarantee to ensure agents act ethically when overseeing unique business circumstances. These pledges, insisted by a laborer 's signature, express a pro 's excitement to agree with and take after the association 's ethical norms. Associations may in like manner use these guarantees to invigorate the basics of business ethics and why agents must sign the promise and take after these norms. Ethics promises furthermore give laborers the adaptability to report deceptive practices by heads or distinctive delegates.