Sunday, November 20, 2011

Employee Rights and Employer Responsibilities: Cultural Divides in U.S. and Europe


Cultural Divides

Europe and the USA have different value systems in regards to work. Americans value the entrepreneur and the ideal of freedoms that can be achieved through working. Americans want to be free and do not seek to become aristocratic. Europeans historically have strived to become on par with the best. Europeans see work as a bad thing that must be done in order to do something else you prefer. AC work as a punishment and their ideal situation would be very aristocratic and not involve them having to do any type of work. Americans are thought to be overworked by most parts of the world. There are 134 countries globally that have enacted laws limiting the maximum number of hours worked per week (Miller, 2010). The United States of America is not one of them.

Whistleblowers in the U.S.

            “The disclosure of information about a perceived wrongdoing in an organisation, or the risk thereof, to individuals or entities believed to be able to effect action” (Transparency International, 2009) is known as whistle-blowing. There are many challenges that anyone reporting a company for unlawful activity is going to have to face. If this route is chosen, the Office of the Whistleblower Protection Program identifies the possible adverse actions as:

·        “Firing or laying off

·        Blacklisting

·        Demoting

·        Denying overtime or promotion

·        Disciplining

·        Denial of benefits

·        Failure to hire or rehire

·        Intimidation

·        Making threats

·        Reassignment affecting prospects for promotion

·        Reducing pay or hours” (Department of Labor, 2011)

Whistleblowers in Europe

            Whistle-blowing in Europe would be far less effective. Knigge (2010) explains that “some things of corporate wrongdoing would be illegal in the US, but would not be illegal in Europe, so whistle-blowing on them wouldn't be very effective”.  Europe has made significant strides in the right direction. In 2010, the Council of Europe Parliamentary Assembly “unanimously adopted a whistleblower protection resolution” (Rahija, 2010) but there are nowhere near the U.S. when it comes to the level of protection offered to whistleblowers. A whistleblower would face the same adverse actions in Europe as they would in the United States but may be left without adequate protection from them.

Appropriate Course of Action

            There are seven deadly sins when it comes to whistle-blowing. Martin (1999) identifies them as:

“• Trusting too much

• Not having enough evidence

• Using the wrong style

• Not waiting for the right opportunity

• Not building support

• Playing the opponent’s game

• Not knowing when to stop.”

In Mary’s situation, there are several ways she could go about trying to find a solution to all of the problems that are going on around her at work. She would have to identify what laws were being broken and who would care if they found out what was going on. Unfortunately, the behavior Mary is seeing is not technically illegal. She would only be able to go over the supervisors head that she has already talked to in order to see if they cared what was going on. It would be a good idea first to find some company guidance stating that it is forbidden to do the things she’s trying to prevent. If the owner of the company doesn’t care if people drink, gamble and skip work, there would be little else Mary could do besides quit.

Mary should locate the guidance stating that it is not permitted to do the things she’s seeing. She should then gather evidence to support her claims and figure out who if next in the chain of command above the supervisors she has already spoken with. She should set up a meeting and present the evidence in a calm and cool manner. If she still doesn’t see a reaction, she may consider going one level higher, but it would probably be advisable to cut her losses if she doesn’t have any luck up to this point. While Mary’s situation is unfortunate, it is not her responsibility to play police to the company she works for and she has to come to terms with the fact that action may never be taken.




References

Department of Labor. (2011, November 10). Occupational Safety & Health Administration. Retrieved November 20, 2011, from The Whistleblower Protection Program: http://www.whistleblowers.gov/

Knigge, M. (2010, May 9). Deutsche Welle. Retrieved November 20, 2011, from Europe, US take different approaches to whistle-blowing : http://www.dw-world.de/dw/article/0,,5965148,00.html

Martin, B. (1999). BcMartin. Retrieved November 20, 2011, from The whistleblower’s handbook: how to be an effective resister: http://www.bmartin.cc/pubs/99wh.pdf

Miller, G. (2010, October 12). 20 Something Finance. Retrieved November 20, 2011, from The U.S. is the Most Overworked Developed Nation in the World – When do we Draw the Line?: http://20somethingfinance.com/american-hours-worked-productivity-vacation/

Rahija, B. (2010, May 17). Project on Government Oversight. Retrieved November 20, 2011, from Council of Europe Unanimously Adopts Whistleblower Protection Resolution: http://pogoblog.typepad.com/pogo/2010/05/council-of-europe-unanimously-adopts-whistleblower-protection-resolution.html

Transparency International. (2009). Retrieved November 20, 2011, from The need for whistleblower protection: http://www.transparency.org/layout/set/print/global_priorities/other_thematic_issues/towards_greater_protection_of_whistleblowers/the_need_for_whistleblower_protection

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