The Dilemmas in the Management of Business Assignment


Business Law Assignment


Date: February 07, 2018
To: Mindy Wu, Director of Human Resources
cc: Head of Departments
From: Ethics Officer, Friendly Digits
Subject:  Embellished Resume
The ethical problems and the dilemmas in the management needs to be settled through balancing exercises with full control and through decisions and activities that coordinate with each other, in the best possible way, to resolve the conflicting claims. Win- win situation is not possible in all circumstances, since hard work, perseverance, along with far-sightedness, may not possibly bring the positive outcome for all the projected moral dilemmas. So, if for this present instance, we take the issue faced by Tara King, and to decide the best approach for this particular situation, Badaracco's Right vs. Right Framework (Badaracco, 2003), is applied, and in so doing there are four questions which need to be answered. The first question is to be analytically considered with every course of action which are available with the real-world consequences by putting aside initial assumption about the things to be done and who will get hurt or helped, so the focus must be on the countable thing and the price for it and not the cost-benefit analysis. But, difficult decisions, do affect lives and livelihoods of people. The level of open shock tightened up with each new outrage in the corporate world that was uncovered in light of current circumstances. A director regularly experiences right-versus-right problems where proficient duties strife with individual esteems, with the blamed gatherings had abused numerous for the most essential parts of business morals, social esteems, and general society trust. In troublesome budgetary circumstances a chief may need to expel a worker who has given a long time of steadfast administration. In spite of the fact that the choices and the ramifications of such circumstances have all the earmarks of being obvious, the truth is that workers and directors settle on many choices once a day, which incorporates trustee obligations to investors and group contend with unwaveringness to the dependable representative and consistently some of these include an undeniable decision amongst good and bad, yet most include making an intense call and (Badaracco, 2003) alludes to such choices as a decision between right versus right . In this way, cautioning somebody about the forthcoming cutback would surely maintain a strategic distance from the trouble without an occupation, however this will likewise damage a classified concurrence with administration. Consequently, predicament is between at least two choices that are similarly feasible and which are relied upon to convey a similar good weight. The correct decision is to make strides is to educate the individual about conceivable cutback and another correct decision is to keep alive the non-divulgence marked with the administration. Every option is the correct activity, yet there is no real way to do both and accordingly include decisions between unmistakably right and plainly wrong choices. Regularly, the nature of such basic leadership circumstances includes the individual choosing a decision that involves difficulties and challenges. 

So, the first question to be answered in relation to King is the consequences which will follow, in terminating her, or keeping her associated, or demoting her to some other posts. 2ndly, the Core Obligations are the basic duties to safeguard and respect the lives of people, which involves stepping out of the own shoes and stepping into the others or the shoes of the stakeholders, i.e. the victims who will be affected by the decisions. It is the basic obligation to borne by everybody towards each and every human being, so, the question relating to rights need to be considered and in so doing the rights of King as well that of the other stakeholders must be considered. The third question seeks the problem to be seen from a pragmatic view, where the world is unpredictable, and is equally difficult, and is often shaped by self-interest. Pre- meditated plans might turn sour and bad plans might work. So, practicalities must be thought through, while venturing on the consequences and the duties, since prudent risk-taking with persistence is quite an uphill task and by applying conscience and value, it is to be decided by keeping in mind the consequences for long- term both for the company or the organization as well as that of the employee, i.e. King. The last question is the relationships, and the values test, which will help to consider the best thing for the company and what will actually matter for it, and if there is a conflict of decision, then which option will take precedence, needs to be considered by the pragmatic approach which is nothing but practical implications and is the obituary test, where the potential immortality of corporations, need to be discussed and addressed with regard to the short and long-term effects on the organization's image and future business. Thus, to respond all the above enduring questions, and not to make the hands dirty, i.e. not making any tough decisions, but at the same time, keeping in mind the plausible solution to fit and meet the company’s objectives, Tara king can be kept in the position of the Senior Vice President, subject to a stipulation that she completes her MBA degree. So, a counterbalance of all the above four questions, will help in thinking and resolving the ethical dilemma, so posed by Tara King.
Again, there are three tests which can also be applied if the four questions stated above seems lengthy. The newspaper test determines the action plan, which must be the best so that if it appears on the front page of the newspaper, then it is required that all the consequences are covered in a pragmatic manner, i.e. the things which will really make sense.
2nd test is the Golden Rule, where to walk on others shoes will help to observe the things which are overlooked previously, and the 3rd test is the best- friend test, where the final counterbalance takes place and all the aspects of outcomes, followed by the duties, keeping in mind the practicalities, and finally the values, and then they are to be turned and considered which will matter the most and which will have the lesser consequences. 
On the other hand, Resume Fraud (MACKEY, 2012) is an aspect which needs to be considered. Resume Fraud is an intentional act of the employee, where the content of the resume (Mallory, 2014), are either false, or fictitious, or exaggerated and often misleading, and is a common law offence, and compensation is in the form of monetary damages. So, the essence is that, in order to commit Resume Fraud, one must have the intention in mind to deceive the employer (Christine A. Henle, 2017), so as to secure material gain in the form of job security. So, when one commits the resume fraud, they can for obvious consequences face criminal charges due to the fact that they lied and intentionally gave wrong information in their resume. Resume padding is also considered fraud by some employers, and can be legally enforceable too. So, claiming some degrees, which is not under the possession of the claimant can amount to misdemeanor and can also earn imprisonment. Resume fraud on the other hand can also lead hefty consequences for the employees or for the one who is searching jobs. The employers are always in the receiving end, when it comes to resume fraud, due to the intentional misrepresentations about the qualifications on the part of the employees. The consequences vary with greater degree of severity, and the employers often lose deadlines due to the misrepresentation on the part of the employee. 

In the present facts of the case, the facts are not clear as to the commission of this particular offence by Tara King, or in other words, the malafide intention of Tara King is not transparently visible (Ciocchetti, 2016). It is accepted from the facts of the case, that the position of Senior Vice President, requires a degree of MBA, but the time when Tara King joined the company ten years back, in some other position than Senior Vice president, she was not required to mention her degree of MBA, and again, the requirement for MBA is only done four years back, so it cannot be said that she is in commission of the Resume Fraud, due to the fact that she lacks the basic essential to sustain that crime, i.e. malafide intention. 
 Again, the jurisdiction of the company’s occurrence is not clear from the facts of the case, so the applicability of the jurisdictional wise punishment or fine is not applicable. 
So, keeping in mind the previous good conduct and also the fact that Tara is doing good for company and is beneficial, it is recommended to allow her to be in the position of Senior Vice President with a stipulation of completing her MBA, in an agreed period of time, and in so doing the management will be in due compliance with, Badaracco's Right vs. Right Framework (Badaracco, 2003) and also in compliance with the legal requirements. 1480

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Badaracco, J. L. (2003). Right versus Right: Dealing with Ethical Dilemmas in Business." In How to Run a Company, edited by Dennis C. Carey and Marie-Caroline von Weichs. New York: New York: Crown Business.
Christine A. Henle, B. R. (2017). Assessing Intentional Resume Deception: Development and Nomological Network of a Resume Fraud Measure. Journal of Business and Psychology, 1-20.
Ciocchetti, C. (2016). Employment Law & Ethics: 7 Things You Need to Know About: Hiring: Job Search -- Promotion (Presentation Slides). Retrieved from
MACKEY, M. (2012, 5 15). Ex-Yahoo CEO Scott Thompson And Seven Other Cases Of Resume Fraud. Retrieved from
Mallory, M. (2014). A Research Proposal: Negligent Hiring and Fraudulent Resumes. Student Scholarship.

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