Tuesday, January 24, 2012

Justice ends where family begins... a real life ethical dilemma


One late afternoon, in 2009, Abel was ready to make a tough decision between his responsibility towards his family and his responsibility towards his country, his employees and his beliefs.

A few years before, he had entrusted his company to Silvia, a very likeable woman, with vast experience in the industry. She over-performed during her first year as a general manager, significantly improving revenues and customer service. Abel had Silvia run the whole company because he trusted her. But Silvia’s second year in charge changed Abel’s perspective. Sales declined month after month. During meetings, Silvia would blame the decline on the global financial crisis of 2008. Things started getting odd from then on. First, Silvia gave up part of her salary to help the business during months with little income. Second, she brought in a family member to replace a current employee. Third, Abel received a call from a client trying to reach Silvia. The company provided services to this client during the week but Silvia had failed to report the income. Through an audit Abel found that there were major discrepancies between the reports, the money in the bank and cash collections. Abel warned Silvia to fix the problem immediately if she wanted to keep her job.

Silvia was given another opportunity during November and December but these months finished up having terrible revenues, plus, Silvia laid-off an employee without Abel’s consent. This employee reported some of Silvia’s unethical behavior. First, she didn’t report sales in order to steal the money. Second, she started her own rival company with the stolen money. Third, she grew her company by using Abel’s company resources and stealing clients. The news was devastating. Without further consideration, he fired Silvia along with her relative.

The company would now go bankrupt, leaving more than a couple of families jobless, including Abel’s, unless Silvia agreed to give the money back, close her business and apologize to Abel’s customers. Of course, she declined and Abel told her that he would start a lawsuit.

After a few days, Abel received calls from an anonymous person who life threatened his life and his family’s. This person was very well aware of Abel’s life and businesses. Abel knew, without a doubt, that Silvia had hired this person to make the call as a scare tactic to prevent him from suing her. These situations were very common in the country. 95% of the time, the threats would not materialize. On the other hand, the other 5% could put Abel and his family at risk. The only way to stop the threats was to not go through with the lawsuit. But Abel had always considered people “cowards” when they failed to testify against the crimes they had seen. This, he believed, contributed to the fact that murderers, kidnappers, drug dealers, violators and thieves could walk down the streets with no resistance and justice. This was his chance to stand up for his convictions. Plus, if the theft was reported, Abel was not required to pay a termination package to Silvia, thus recovering some of the money stolen.

Should Abel proceed with the lawsuit?

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