Potential violation of immigration rule and recommendation of possible solution.

This memo is designed to bring the conduct of one of the organization's workers, who may be guilty of an alleged breach of immigration rules and operating without proper authorization from the government, to the attention of the organization. The employee's actions may have legal ramifications for the organization and its top executives. Immediate intervention is needed to deal with the problem in a win-win situation. This case presents a unique ethical dilemma because many moral actors, associated with the case, may suffer from indispensable loss, if indiscriminate and unthoughtful decisions are made from the employer’s part. The action of the employee is certainly unlawful and needs to be brought to legal attention but it will be the best–from the organizational culture and employee welfare point of view–to take an appropriate action against him that will likely to cause less harm to both him, his family, the reputation and work environment of the organization, and do no collateral damage.

On the other hand, from organization’s point of view, the employee does not deserve any mercy or consideration as his actions are not lawful and are potentially harmful to organization’s reputation. The organization might face financial consequences as well as loss its business license if it fails to handle the issue properly.



“hiring illegal immigrants can lead to many severe penalties, such as: criminal and civil fines, loss of business licenses Most fines are broken down to the following: First offenders can be fined $250-$2,000 per illegal employee. For a second offense, the fine is $2,000-$5,000 per illegal employee. Three or more offenses can cost an employer $3000-$10,000 per illegal employee. (DeMaggio, 2016)”

Obviously, to avoid any severe consequence and keep the penalties to a minimal, immediate course of actions are necessary.

These two situations contradict each other and create a situation where ethical dilemma on whether to defend an individual interest or the greater interest of the entire organization comes to play. A tactful and less consequential solution will be the key to bring an equally preferable and beneficial solution to the both party. In the following section, a thoughtful and thoroughly analyzed situation is presented for the organization to deal with the ethical dilemma.

Proposed Solution with Rationale

The best solution for this apparent ethical dilemma is to take this case to federal government. The organization needs to surrender its ignorance on hiring an alien worker and ask for legal advices from the lawyers. It needs to bring the employee under question into the law and spend any penalties that are imposed on it based on the federal law of hiring illegal immigrants. By this way the organization may avoid loss of its business license, higher level penalties and loss of reputation. Further, it can set an example to its existing employees regarding its stern stance against illegal immigrants and create a better culture of law abiding. Avoiding any legal ramification is the prime goal of any organization, which can be achieved through this proposed solution. It is obvious that the employers are legally bound to check legal work permit document of potential candidates before ensuing any employer-employee relationship. Clearly, the organization is in a spot of bother as regards employing the illegal immigrant into the work without checking his work permits (Gonzalez, 2007). This postposed solution can save it from further legal consequences and limit its penalties to monetary loss only.

On the other hand, the employer can help the employee clear out its unlawful work documents and provide a financial incentive to its family. This might seem costly and unnecessary for the organization at the first but long-term effect and immediate response of employees to this action are likely to outnumber the cost in terms of money. For example, it will create a moral ground for existing employees who will be happy to see their beloved organization does not forget its ethical duty while keeping up with rights and justices. Secondly, it will encourage other illegal immigrants in the workforce to reveal themselves and help the organization filter out all of them without much effort. The government of USA is devising federal acts and reforms that are likely to legalize illegal immigrants safely and absorb them into the workforce without much pain (Mortensen, 2015).

Course of Action to Implement the Recommended Solution

A systematic approach to the workable solution proposed above is essential to avoid any commotion in the workplace and to convey clear message about organizational policy and activities towards any illegal employees.

There is always a chance that the employee is legal or can be legalized with some efforts; in order to testify this, the organization needs to double check all his documents–immigration and work permit–to confirm his residence and work status.

Then the organization should let the employee know about what it is going to do with the issue. They should discuss with him all possible solutions and offer him to choose the best one. If the employee chooses to step back and resign from the job, the employer should let him do so for it will least affect the organization. Once the employee leaves, the organization can take the case as reference and publicize it among all other employees to offer them similar proposal.

However, if the employee does not agree to leave peacefully, the employer has to render to the lawsuit for bringing the issue to the law. It should continue to respect the verdict of the legal system and pay all penalties and fees without much delay.

After clearing their name from the alleged illegal alien employee harboring agent, the employer may offer some financial as well as legal help to the employee and his family on his course to legalize their presence in the country and earn work permit.

Last but not the least, the employer may offer similar scheme to all existing employees to filter out all illegal immigrants from the organization and stay away from further problems.





Learning Outcomes

The learning outcomes from the assignment are:

Writing a business memo

Identification of ethical dilemma and its solution

Propose the best solution

Figuring out an implementation strategy.



References

DeMaggio, J. (2016, September 09). Who really benefits from immigration reform? Retrieved from The Hill Blog: http://thehill.com/blogs/pundits-blog/immigration/295776-who-really-benefits-from-immigration-reform

Gonzalez, J. S. (2007). Employment Law Remedies for Illegal Immigrants . TEXAS : TEXAS TECH LAW REVIEW.

Mortensen, R. W. (2015, January 21). Employers Need Amnesty Before Helping Illegal Alien Employees Gain Legal Status . Retrieved from Center for Immigration Studies : http://cis.org/mortensen/employers-need-amnesty-before-helping-illegal-alien-employees