If management can be liable for crimes committed in the workplace, what US Constitutional protections exist to protect them?
Week 7 Discussion – Business Crime and Liability and Privacy in the Workplace
Refer to Chapter 8 in your course textbook for this discussion.
Respond to the following:
Who can be found guilty of a business crime, and what does mens rea and actus reus mean?
Using the Strayer Library, research an example of a business crime committed in the last two years and discuss who was held criminally liable.
If management can be liable for crimes committed in the workplace, what US Constitutional protections exist to protect them?
Can management monitor and listen to employees while at work, or is this a Fourth Amendment or tort invasion of privacy violation?
Explain, given your understanding of the [Taylor v City of Saginaw] lawsuit in the reading.
Be sure to respond to one of your classmates’ posts. Please provide answers to the discussion questions that are researched, informed, and substantiated by citing sources following Strayer Writing Standards.
CLASSMATE POST:Hello Class and Prof.,
Sports betting has become popular as it has been legalized in various states in the US. It is against the law for players to bet on themselves or share information that may lead to others profiting. NBA player Jontay Porter pleaded guilty to one count of wire fraud conspiracy. He admitted to taking himself out of games to benefit bettors. Jontay was freed on a $250,000 bond and the court date is set for December 16th.
He could face up to 20 years of jail time for his crime.
Mens rea refers to a defendant’s mental state during a crime, while Acts reus means “guilty act” and points toward the physical act of committing a business crime. Both of these terms relate to proving criminal responsibility.
The Fourth Amendment to the U.S. Constitution provides that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” Does this apply to management’s ability to monitor and listen to employees while working?
In the case of Taylor v City of Saginaw, the city had been marking tires to timestamp parking space arrivals and departures for years. They use this information to ticket individuals who stay beyond the allotted time.
In this case, the courts found it unconstitutional for the government without a warrant to physically intrude on someone’s private property in this case their car. Just as the case of the manager monitoring and listening to employees at work it violates Fourth Amendment rights.
Jennings, M. M. (2021). Business: Its Legal, Ethical, and Global Environment (12th ed.)
Rogelberg, S. (2024, April 22). The NBA just issued its first gambling ban in 70 years, booting Jontay Porter for committing the league’s “Cardinal sin.” Fortune. https://fortune.com/2024/04/18/nba-toronto-raptors.
