Project 3: Leading Ethically and Legally at Home and Abroad

Learning Topic

Badaracco’s Right vs Right Framework There are a variety of ethical frameworks that may be used instrumentally to analyze

those difficult questions that businesspersons must regularly address. Some ethical issues

present clear yes or no answers, a clear right and wrong, but other ethical issues are much

more difficult to address.

Professor Joseph Badaracco developed a framework for addressing those more difficult

questions, and particularly those questions of "right versus right"; that is, when an ethical

dilemma could result in multiple "right" responses, based in attempted adherence to

multiple, conflicting ethical values that cannot simultaneously be fulfilled. Badaracco's

framework aims to resolve ethical dilemmas involving conflicting yet legitimate moral

values.

Harvard FSS: Defining Moments: A Framework for Moral Decisions

(https://libanswers.umgc.edu/faq/339659)

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Electropic LLC

Notice: Contains Confidential Information

Electropic LLC is a respected and profitable website design and hosting company in

Colossal Corporation's technology group. Melissa Aldredge has been a project manager at

Electropic LLC for several years and was recently considered for promotion to a senior

project manager position. Ultimately, the promotion was awarded to another long-term

employee, June Pyle. June and Melissa have a history of one-upping each other and

sharing an internal rivalry within the company.

Melissa recently reported internally that she had learned that June, who was given the

promotion over her, had never finished her MBA degree. All of June's business cards have

"MBA" after her name, and the signature line of her email reads "June Pyle, MBA."

Electropic LLC's policy manual states that potential employees must submit transcripts for

all degrees listed on their resumes. However, this requirement was not in place 10 years

ago when June Pyle was hired. June has a history of stellar performance and was

promoted not because of her MBA, but because of her consistently exemplary work. June

has received excellent performance evaluations during her time at Electropic LLC, and her

leadership has led to increased revenue as well as positive press for the company. Her

record of success is what led to her promotion.

As a result of Melissa's report, the director of human resources sent an email to all

employees who were hired prior to the policy change requiring transcript validation,

asking that they provide transcripts to validate their credentials. June did not respond to

the director's request for transcripts and was called into the director's office. In a very

tense and tearful interview, June confessed to the director that she does not have an

Course Resource

MBA. She admitted that she was 12 credits away from completing her degree, but when

her dad got sick, she had to drop out. She said that she really needed a job to support her

family and she put the MBA on her resume hoping it would help her find a job. She shared

that she always intended to go back to school but became so busy with work that she

didn’t have time. Once she was hired, she felt that there was no turning back and she had

to keep the lie going by placing "MBA" in her email signature line and on her business

cards.

An MBA was not a requirement for the assistant project specialist job June was hired for

10 years ago, but four years ago, it was made a requirement for the senior project

manager position she holds now. Two of the current senior project managers do not have

MBA degrees because they were promoted before this requirement was in place.

Vice President Dodger has asked you to write a memo with your recommendations on

how human resources should handle this issue. June has a record of excellence with

Electropic LLC, and her superiors would be unhappy to lose her; however, ethical practice

and the law must be considered here as well.

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All links to external sites were verified at the time of publication. UMGC is not responsible for the validity or integrity

of information located at external sites.

Résumé Fraud

Fraud, often called misrepresentation, is a very broad legal concept that incorporates a

variety of types of fraud and misrepresentation, both civil and criminal. There are

considerable variations across the states as to the specific categorization of types of fraud

as either civil or criminal law violations, or both. The federal government criminalizes a

variety of types of fraud including mail and wire fraud, bankruptcy fraud, and securities

fraud. These federal laws apply to everyone in the United States, regardless of the state in

which the fraud occurs. Although there is variation as to which explicit types of fraud are

criminalized within each state, in all states, some types of fraud unquestionably carry both

civil and criminal penalties.

Résumé fraud is a specific type of fraud that may result in civil or criminal penalties, or

both, depending on which state the fraud occurs in. In its most primal form, résumé fraud

is a type of common law, civil fraud wherein the intentional misrepresentations of material

facts are made in a résumé, and justifiably relied upon in the hiring of an individual for

employment. In the absence of any statutory provision specifically addressing résumé

fraud in a given state, the common law provides the remedy for résumé fraud typically in

the form of damages (monetary compensation). However, many states have statutorily

imposed sanctions specifically for committing résumé fraud. For example, in New Jersey,

both persons and legal entities are prohibited from intending to deceive by falsely

representing the receipt of a degree, credential, or certification, which one has not

actually acquired "in connection with any business, trade, profession or occupation"

(N.J.S.A. 18A:3-15.2). A violation of this provision is treated as a civil law violation, and

each instance of résumé fraud carries with it a $1000.00 civil fine (N.J.S.A. 18A:3-15.5).

On the other hand, in the state of Kentucky, "fraudulent use of an educational record" is

considered a Class A misdemeanor, which is punishable by up to 12 months in jail and

fines (KY Rev. Stat. Ann. 434.442). The Kentucky statute explicitly includes making false

written representations for certain educational achievements, such as a degree, in

employment applications. The states do differ as to how they treat résumé fraud, but

whether it is treated as a civil violation or as a criminal violation, résumé fraud is a

dishonest practice that should be avoided.

At-will employees should be particularly aware that résumé fraud provides a justifiable

basis for termination that may undermine otherwise legitimate arguments for wrongful

discharge (or other exceptions to the employment at will doctrine). For contract

employees, résumé fraud is often considered "just cause" for termination of an employee

who would otherwise be protected from termination by contractual "just cause"

provisions. Finally, in addition to the legal consequences of résumé fraud, the reputational

damage of lying on a résumé could undermine one’s career prospects as it did for former

Yahoo CEO, Scott Thompson, whose résumé represented that he had a double major,

including a degree in computer science, from Stonehill College, a degree that was not

awarded from until several years after he graduated. After being exposed by a Yahoo

shareholder, Thompson stepped down from his position in disgrace (Mackay, 2012).

References

Mackey, M. (2012, May 15). Ex-Yahoo CEO Scott Thompson and seven other cases of

resume fraud. The Huffington Post. Retrieved from

http://www.huffingtonpost.com/2012/05/15/yahoo-ceo-scott-thompsons-resume-

fraud_n_1516061.html

Résumé Misrepresentations

(https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-

mba630/learning-resourcelist1/resume-misrepresentations.html?

ou=770958)

What is Fraud?

(https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-

mba630/learning-resourcelist1/what-is-fraud-.html?

ou=770958)

© 2023 University of Maryland Global Campus

All links to external sites were verified at the time of publication. UMGC is not responsible for the validity or integrity

of information located at external sites.

Resources