Question

Please answer with a new answer not one that has already been answered on here before.

Many supervisors are not well-trained on the difficult task of terminating an employee and instead resort to other methods of forcing someone out of the organization. Methods include giving the employee unpleasant work tasks, reducing their hours, or modifying their jobs in some negative way. What are the ethical issues raised by this strategy and what are the risks to the organization?

Answer 1

It is not a normal termination of employment when an employee is forced to leave the organization due to an unpleasant work environment. This type of termination is called Constructive Termination, Constructive Dismissal, or Constructive Discharge. the employee does not want to leave the organization voluntarily but the employer creates a hostile environment at work. So, in order to remain sane and gain mental peace, the employee resigns from his/her post. In terms of business ethics, it is considered unethical.

If we look at the definition of business ethics, these are a set of values and principles that help a business entity to operate in a responsible manner. They also regulate the behavioral details in a workplace that may be beyond the government's control. There are many ethical issues in the workplace. But some of the major ones are listed below.

1. If the company is not fair in its operation, it is an ethical issue. Fairness refers to being impartial, just, and equitable in all aspects of the business.
2. Fraud behavior like manipulating the financial statements of the firm, selling illegal goods, and many more.
3. Late arrivals by employees, leaving early, long breaks, inappropriate leaves, using company's computer for personal use etc. are also considered unethical in the corporate world. It is because all these actions point at the misuse of a company's time and resources.
4. Abusive behavior by employees or employer is also considered unethical. It includes harassing someone mentally or physically, using profanity, threatening, and also being annoying to someone at the workplace.

These are some of the common unethical practices in the corporate world. So, if we look at Constructive Termination, the employer creates an unbearable environment for the employee at the workplace. In this scenario, the employee is under a constant stress because of the work environment that the employer has created. We can say that the employee is harassed in the workplace and it is one of the major unethical issues. Even though Constructive Dismissal is very difficult to prove but ethically this practice is very wrong because it affects the life of an individual and also many others who are related to him or her. It mostly takes place because of an ego issue or a personal grudge between the employee and the employer. An inefficient human resource system of the organization can also become a cause of constructive termination.

Risks to the organization

It is not good for the organization as well. It loses a skilled resource, it also affects the other employees. It creates a negative environment in the workplace and reduces employee motivation. Today there are many laws in place too. They differ from country to country. In the United States, the employer is held guilty in the eyes of the law if the below three points are proved by the employee who was constructively discharged.

1. A reasonable person in the employee's position also feels that the working conditions are intolerable.
2. Pieces of evidence of conduct that created a hostile work environment.
3. Proof that employee's resignation resulted from the intolerable working condition.

It is difficult to prove but not an impossible task. So definitely an employer is at risk if he or she gets involved in a constructive dismissal.