In his article “Volkswagen: Where Were the Lawyers?” Lippe (2015) makes a bold statement that:
One tenet of the New Normal is that we’ve moved into a world of transparency where any improper action is almost certain to be revealed over time. So most of these shortcuts are unwise before they are unethical. But what most litigation and enforcement actions reveal is that most companies are relatively less transparent to themselves—the bad actions are not obvious when occurring, only in hindsight. And while most legal regimes attribute bad actions to the enterprise as a whole, the practical reality is the “company” may not really know. It’s the responsibility of lawyers to bridge that gap. (Lippe, 2015)
As it relates to the legal aspect, this problem could have been averted by simply keeping the legal team involved in all phases of the engineering process. I am inclined to believe that the lawyers simply did not know what the engineers were planning to do and this, to me, is unacceptable. As the manager of the legal department, I would have a representative assigned to each engineering project.
I would speak with the CEO in order to have each department report its status and completion plans to the legal team. After each phase, my legal staff would then investigate the legalities of the process used. I fully believe that if they would have taken these steps early on, this issue would never have happened. Organizations hold their code of ethics to the highest standards and expect them to be followed at all times.
In his paper, Ethics Codes and Codes of Conduct as Tools for Promoting an Ethical and Professional Public Service Gilman (2005) had this to say about ethics codes:
In each case codes carry general obligations and admonitions, but they are far more than that. They often capture a vision of excellence, of what individuals and societies should be striving for and what they can achieve. In this sense codes, which are often mistaken as part of law or general statements of mere aspiration, are some of the most important statements of civic expectation. (Gilman, 2005, Pg. 3)
Legally, I feel that the legal team should have taken action as soon as this was discovered and brought charges against the engineering team for failing to follow the company standard operating procedures relating to their department. As the manager of the legal team, I would direct an investigation be conducted in order to rule out any illegal activities and there were any, I would bring those findings to the board of directors along with a detailed plan of action.
After re-reading the article by Lippe, it would appear that his assumptions are correct. It seems to me that the person deliberately attempted to manipulate the system and report erroneous emissions information. This is a very serious infraction as it not only affects the company as a whole, but the entire environment. Christ said in Matthew 6:23, “But if thine eye be evil, thy whole body shall b.
In his article Volkswagen Where Were the Lawyers” Lippe (2015) .docx
1. In his article “Volkswagen: Where Were the Lawyers?” Lippe
(2015) makes a bold statement that:
One tenet of the New Normal is that we’ve moved into a world
of transparency where any improper action is almost certain to
be revealed over time. So most of these shortcuts are unwise
before they are unethical. But what most litigation and
enforcement actions reveal is that most companies are relatively
less transparent to themselves—the bad actions are not obvious
when occurring, only in hindsight. And while most legal
regimes attribute bad actions to the enterprise as a whole, the
practical reality is the “company” may not really know. It’s the
responsibility of lawyers to bridge that gap. (Lippe, 2015)
As it relates to the legal aspect, this problem could have been
averted by simply keeping the legal team involved in all phases
of the engineering process. I am inclined to believe that the
lawyers simply did not know what the engineers were planning
to do and this, to me, is unacceptable. As the manager of the
legal department, I would have a representative assigned to each
engineering project.
I would speak with the CEO in order to have each department
report its status and completion plans to the legal team. After
each phase, my legal staff would then investigate the legalities
of the process used. I fully believe that if they would have
taken these steps early on, this issue would never have
happened. Organizations hold their code of ethics to the highest
standards and expect them to be followed at all times.
In his paper, Ethics Codes and Codes of Conduct as Tools for
Promoting an Ethical and Professional Public Service Gilman
(2005) had this to say about ethics codes:
In each case codes carry general obligations and admonitions,
but they are far more than that. They often capture a vision of
excellence, of what individuals and societies should be striving
for and what they can achieve. In this sense codes, which are
2. often mistaken as part of law or general statements of mere
aspiration, are some of the most important statements of civic
expectation. (Gilman, 2005, Pg. 3)
Legally, I feel that the legal team should have taken action as
soon as this was discovered and brought charges against the
engineering team for failing to follow the company standard
operating procedures relating to their department. As the
manager of the legal team, I would direct an investigation be
conducted in order to rule out any illegal activities and there
were any, I would bring those findings to the board of directors
along with a detailed plan of action.
After re-reading the article by Lippe, it would appear that his
assumptions are correct. It seems to me that the person
deliberately attempted to manipulate the system and report
erroneous emissions information. This is a very serious
infraction as it not only affects the company as a whole, but the
entire environment. Christ said in Matthew 6:23, “But if thine
eye be evil, thy whole body shall be full of darkness. If
therefore the light that is in thee be darkness, how great is that
darkness!” When looked at from this perspective, the lawyers
are the watchful eyes of the team. They must make sure that
every “i” is dotted and every “t” is crossed so-to-speak. If they
cannot trust the engineers, who are essentially the eye of the
development team, then who can they trust? One person on the
engineering team’s wrongdoing or dirty deed if you will, caused
a dark cloud to form over the entire corporation.
As the CEO of the diesel division of Volkswagen, I would have
taken swift action once this issue surfaced. I would have
immediately issued a press release speaking about the incident,
how it occurred, and the plan of action to rectify the situation.
I would have immediately recalled those vehicles and had the
issue corrected with the appropriate software. Internally, I
would have immediately terminated every member of the
engineering team who had information regarding what was
happening or who took part in replacing our emissions reporting
systems.
3. For me, it is about more than sales. It is about honesty and
integrity and if you can’t uphold those two values then you have
no place in my organization. There are certain things that only
The CEO of an organization can put in place, enforce, and
ultimate do. In the article What Only the CEO Can Do Lafley
(2009) points out that:
The CEO alone experiences the meaningful outside at an
enterprise level and is responsible for understanding it,
interpreting it, advocating for it, and presenting it so that the
company can respond in a way that enables sustainable sales,
profit, and total shareholder return (TSR) growth. It’s a job
that only CEOs can do because everybody else in the
organization is focused much more narrowly and, for the most
part, in one direction. (Lafley, 2009)
In other words, the CEO must care about how the public and its
shareholders view the corporation. As such, they must move
swiftly when things like this happen in order to set the tone for
the future of the organization going forward. By recalling the
vehicles and ultimately replacing the engineering staff, this will
show future and current employees alike that this type of
behavior will not be tolerated by the company. I would also
ensure that our legal team proceeds with pressing charges for
negligent behavior, malicious intent, and intent to defraud a
government entity.
If there is one thing we cannot deny, it is that the Bible is clear
on unethical behavior. Christ stated in Matthew 5:19 that,
Whoever then annuls one of the least of these commandments,
and teaches others to do the same, shall be called least in the
kingdom of heaven; but whoever keeps and teaches them, he
shall be called great in the kingdom of heaven.
What this means is that as Christians, we are expected to obey
the laws of God and the laws of the land. We cannot go around
doing things that we know are wrong and expect to be blessed.
By being called the least in the kingdom that means we will
looked upon unfavorably for our actions. Religious beliefs play
a key role in society and most people strive to live to the
4. example left behind by Christ.
In the article Importance of Religious Beliefs to Ethical
Attitudes in Business, Emerson and Mckinney (2010) states:
Religion is one of the more frequently mentioned determinants
of the moral values that underpin ethical standards. The major
world religions have moral teachings and in various ways
indicate disapproval of unethical actions. Most of them teach
that an omniscient God observes human actions and holds
people accountable for their actions. Therefore, it is logical to
assume that adherents to a religion would be less tolerant of
unethical behavior. (Emerson and Mckinney, 2010, Pg. 2)
Employees that have a deep link to their religious beliefs are
less likely to fall subject to breaking the rules of an
organization. For them, they believe that their soul is on the
line and therefore walk a tighter rope than most.
Ethical issues in the workplace will always be an issue
unless leadership changes its model of behavior. The CEO and
management staff embody the organization’s ethics policy and
must set the example for the rest of the employees to follow.
When issues such as the Volkswagen issue arise, they must take
swift, decisive action in order to circumvent any negative
impacts. In a case like this, everyone involved must be held
accountable; just as God will hold us all accountable for our
actions. The ethics policies should be reviewed annually and
adjusted accordingly. Company policies should always be
works in progress, nothing should be set in stone in case a
situation arises where a different policy is needed to handle the
situation.
All employees of the organization should read, sign, and date
the ethics policy acknowledging that they understand the
policies being enforced. In the event a change is needed, the
board of directors should vote on the changes and then publish
an updated list for the employees to read. Also, the legal team
should be involved in every step of the process to ensure
nothing illegal is taking place within the company.
5. Emerson, T. L., & Mckinney, J. A. (2010, September).
Importance of Religious Beliefs to Ethical Attitudes in Business
[Electronic version]. Journal of Religion and Business
Ethics, 1(2), 2.
Gilman, Ph.D., S. C. (2005). Ethics Codes and Codes of
Conduct as Tools for Promoting an Ethical and Professional
Public Service: Comparative Successes and Lessons .
In oecd.org. Retrieved
from https://www.oecd.org/mena/governance/35521418.pdf
Lafley, A. G. (2009, May). What Only the CEO Can
Do. Harvard Business Review. Retrieved from
https://hbr.org/2009/05/what-only-the-ceo-can-do
Lippe, P. (2015, October 13). Volkswagen: Where were the
lawyers? ABA Journal. Retrieved from
http://www.abajournal.com/legalrebels/article/volkswagen_wher
e_were_the_lawyers/
If I were an employee of Volkswagen either in the legal office
or within the engineering department I would have paid more
attention to what was discussed about what we were was going
to be designed verses what was being implemented. I believe
that sometimes as employees we have a blind eye to what is
happening around us. Most times it is due to not wanting to be
“a tattle teller” but in all honesty we are just as much a part of
the problem as the ones who made the decision to conspire to
change the test that the government agencies require. This
speaks on one’s integrity and the loyalty they offer to the
company they work for and themselves as individuals. It makes
me questions the person I could be to be a part of something I
am sure was not right. As a loyal employee, sometimes it is our
job to bring things to higher management’s attention. We must
know that you have to have the place you work in a higher
standing in our minds. With this, I mean that I have to know
that whatever decisions I make and do effect the company I
6. work for in many ways. I honestly believe that if the whole
company thinks about themselves when making sounds
decisions about the company, then that speaks of character of
oneself. It makes senses that companies do not know everything
about their employees, which is why I believe that blame falls
on everyone. This includes the employees, low management,
higher management, and the legal team. It appears no one had
the companies’ best interest at heart.
Sometimes we can help stop a problem before it creates the
scandals that could cause the company bad press. In the Old
Testament bible, 1 Kings 9:4-5, it states and I quote “And as for
you, if you will walk before me, as David your father walked
with integrity of heart and uprightness, doing according to all
that I have commanded you, and keeping my statues and rules
then I will establish your royal throne over Israel forever as I
promised David your father, saying, “You shall not lack a man
on the throne of Israel”.
Also in the Old Testament in Proverbs 28:18 it says and I quote
“Whoever walks in integrity will be delivered, but he who is
crooked in his ways will suddenly fall.
When I think of these bible verses and how they tie in to how
the employees did not make sure that everything they did
represented Volkswagen, they created the company to be
publicly humiliated. This has caused the customers to be angry
and possibly feeling like they were misled to believe that this
product they are purchasing was what was needed to pass
government approval.
As the CEO of the diesel division of Volkswagen, I would have
responded by being honest about as much as I know was going
on. By allowing the public to know what is happening
throughout this terrible process it helps your customers know
that the situation is very much a problem, but it is one that you
are not trying to shield them from or to hide. There is no
guarantee that this will prevent future incidents, but it makes
the customers more knowledgeable about what is going on and
that if there was to be any future problems that Volkswagen
7. would let their customers and the public know and that it would
not be any shady business going on. Sometimes telling the truth
saves a lot of unnecessary lawsuits and public bashing.
However I do believe that there will always be public bashing
because you can please everyone. In situations like this with
such a reputable company that more people have a hard time
believing that they did not know what is going on with the
things they manufacture and sell to the public. It is even harder
to believe that the lawyers had no knowledge of what is
happening.
Even if no one was certain of what was happening then you
would believe that someone was checking behind someone that
was under them in the management chain.
Even as I read this article, I am still wondering what happened
that it got this far passed everyone that is higher up? How it
was not tested over and over again to make sure that this
product was designed just as Volkswagen had in mind. I am
certain that someone created the design and gave this to the
employees to implement. In doing this, would mean that they
would follow up and make sure that it was designed the correct
and efficient way it was set in the minds to be.
When I think of this, I think of the bible verse in New
International Version, 2 Peter 2:21 which states and I quote “ It
would have been better for them to have known the way of
righteousness, than to have known it and then to turn their back
s on the sacred command that was passed on to them”.
I believe that we may all act as if we do not know things that
can cause harm to self and others.
The attorneys should have been paid more attention and
demanded more information. Whether they knew what was
happening or not they should have asked questions and when the
product was ready they should have asked for questions that the
government would ask or be looking for in this product they
were creating.
I believe being knowledgeable in all areas makes a person a
more valuable to the company. When you do research and not
8. just wait for someone to bring information to you, it happens to
speaks of your character. Even attorneys have to have character,
morals, values and integrity to the ones they work for. You must
be able to trust the ones you are getting legal advice from on
how to best run your business. Without this, you may as well be
guessing at what is best and running your company to the best
of your abilities.
Cited/ Sources
http://www.abajournal.com/legalrebels/article/volkswagen_wher
e_were_the_lawyers/
Old Testament bible, 1 Kings 9:4-5; “And as for you, if you will
walk before me, as David your father walked with
integrity of heart and uprightness, doing according to all that I
have commanded you, and keeping my statues and rules then I
will establish your royal throne over Israel forever as I
promised David your father, saying, “You shall not lack a man
on the throne of Israel”.
Old Testament in Proverbs 28:18; “Whoever walks in integrity
will be delivered, but he who is crooked in his ways will
suddenly fall.
New International Version, 2 Peter 2:21; “It would have been
better for them to have known the way of righteousness, than to
have known it and then to turn their back s on the sacred
command that was passed on to them”.
BUSI 561
Discussion Board Forums – Replies Grading Rubric
Criteria
Points Possible
Points Earned
Substantive Replies
0 to 10 points
Each reply adds to the content in a classmate’s thread, bring
9. clarity to the issue being discussed, and adds value to the
overall discussion.
Major Points
0 to 50 points
Major points are supported by the following:
· At least 3 relevant scholarly sources;
· Critical analysis (considering assumptions, analyzing
implications, applying the relevant law to the given facts,
comparing/contrasting alternative arguments); and
· Integration of at least 1 Bible verse and application.
Mechanics
0 to 20 points
· Proper spelling and grammar are used, demonstrating
graduate-level and professional writing.
· Current APA format is used for both in-text and reference list
citations.
Content
0 to 10 points
· Required word count (at least 450 words each) for each reply
is met.
· Communication follows Student Expectations.
Total
/90
Instructor’s Comments:
BUSI 561
Discussion Board Forum – General Instructions
Each Discussion Board Forum will be completed over the span
of 2 modules/weeks. Each thread must be at least 1,000 words
and will analyze a provided case study. Each reply must be at
10. least 300 words. In the first module/week, you will submit your
thread through the SafeAssign link to check for plagiarism
before submitting it to the Discussion Board Forum. In the
following module/week, you will reply to 2 other classmates’
threads.
For each thread and reply, you must support your assertions
with a minimum of 3 scholarly sources other than the course
textbook and materials. Each source must be cited in current
APA format. Each thread and reply must include both full
citations in a reference list at the end of each post and short in-
text citations. Acceptable sources include books, legal and
business journals, legal cases, the law (cases, statutes,
regulations, etc.), the Bible, biblical commentary, etc.
Dictionaries and other web sources that lack scholarly support
are not considered acceptable sources.
A well-developed, complete analysis of the situation, from a
spiritual perspective, requires more than simply adding a verse
from the Bible to the post. Each thread will include at least 2
separate verses from Scripture, quoted and applied as an
integral part of your discussion of the applicable issues in the
context of a biblical worldview. Each reply will include at least
1 Scripture verse integrated in the same manner.
This course utilizes the Post-First feature in all Discussion
Board Forums. This means you will only be able to read and
interact with your classmates’ threads after you have submitted
your thread in response to the provided prompt. For additional
information on Post-First, click here for a tutorial.
To successfully post a thread, you must both (1) upload a
Microsoft Word copy of the thread to the provided SafeAssign
assignment link and (2) copy the content of the thread and paste
it into the Discussion Board Forum. Do not post attachments in
the forum; they will not be accepted or graded.
Submit your threads by 11:59 p.m. (ET) on Friday of the
module/week in which it is assigned, and submit your replies by
11:59 p.m. (ET) on Friday of the following module/week.
11. BUSI 561
Discussion Board Forum 1– Thread Grading Rubric
Criteria
Points Possible
Points
Earned
Key Components
0 to 30 points
All key components of the Discussion Board Forum prompt are
thoroughly answered in the thread.
Major Points
0 to 35 points
Major points are supported by the following:
· At least 3 relevant scholarly sources;
· Critical analysis (considering assumptions, analyzing
implications, applying the relevant law to the given facts,
comparing contrasting alternative arguments); and
· At least 2 separate Bible verses and application
Current APA Format
0 to 10 points
Current APA format is used for both in-text and reference list
citations.
Mechanics
0 to 20 points
Proper spelling and grammar are used, demonstrating graduate-
level and professional writing.
Content
0 to 5 points
· Required word count (at least 1,000 words) is met.
· Thread is submitted through SafeAssign and Discussion Board
· Communication follows Student Expectations.