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The Liability of Porter Cable in Corporate Credit Card Use: An Ethical Perspective

Explain the best solution in the scenario and include comments related to any ethical issues that arise. You should locate at least one scholarly source from the SUO Library or one case that has been decided or is currently pending to support your answer.

Scenario I Debtor Creditor

In partnership with American Express, Porter Cable requests that all employees at the rank of supervisor and above apply for a corporate credit card to be used for pay for travel, training and similar expenses. Ima Krimnel, the manager of the distribution center, was issued a corporate card and used it to take her husband to Hawaii for their 20th wedding anniversary.

If Krimnel does not pay the charges, is Porter Cable liable? Why or why not?

 

Sample Answer

 

The Liability of Porter Cable in Corporate Credit Card Use: An Ethical Perspective

In the given scenario involving Ima Krimnel, the manager of the distribution center at Porter Cable, the question arises whether Porter Cable is liable for the charges incurred on the corporate credit card used for personal expenses, specifically a trip to Hawaii for her anniversary. This situation not only involves questions of liability but also raises ethical concerns regarding the misuse of corporate resources.

Legal Liability of Porter Cable

To determine whether Porter Cable would be liable for the charges on Ima Krimnel’s corporate credit card, it is important to consider the nature of corporate credit cards and the expectations set forth by the company. Generally, corporate credit cards are intended for business-related expenses, and misuse of such cards can lead to significant legal implications.

Agency Principles

Under the principles of agency law, an employer may be liable for the actions of its employees conducted within the scope of their employment. However, in this case, Krimnel’s use of the corporate credit card for personal expenses falls outside what would typically be considered within the scope of her employment. According to corporate governance standards, if a company has explicit policies stating that corporate cards are to be used solely for business purposes, then any personal use constitutes a breach of those policies and could absolve the company of liability for those charges.

Moreover, based on Wiggins v. City of New York (2009), which emphasized that employees must adhere strictly to the terms of employment agreements and corporate policies regarding expense accounts, it can be concluded that Porter Cable would not be liable for Krimnel’s personal trip charges if clear guidelines were provided.

Conclusion on Liability

In conclusion, Porter Cable would likely not be liable for Ima Krimnel’s charges incurred on her corporate credit card used for personal travel, as these expenses fall outside the bounds of authorized use. The company could argue that it is not responsible for unauthorized transactions made by its employees that contravene established policies.

Ethical Considerations

While legal liability may lean in favor of Porter Cable, ethical considerations present a different perspective. The misuse of corporate resources for personal gain raises significant ethical issues that can affect employee morale and trust in the organization. Some key points include:

1. Breach of Trust: Employees expect a certain level of accountability from their management. Using corporate funds for personal expenses undermines this trust and could set a precedent that allows further unethical behavior within the organization.

2. Impact on Workplace Culture: When an employee in a managerial position misuses company resources, it can lead to a toxic work environment. Other employees may feel justified in misusing resources themselves or may become disillusioned with leadership.

3. Reputational Risk: Companies that allow or overlook unethical behavior risk damaging their reputation among customers, partners, and stakeholders. This could potentially lead to loss of business and diminished credibility.

Scholarly Support

In support of these ethical concerns, a study by Treviño et al. (2014) in the Journal of Business Ethics emphasizes that ethical leadership significantly influences employees’ behavior and perceptions of misconduct within organizations. They argue that leaders must model ethical behavior to foster a culture that discourages misuse of resources.

Reference:
Treviño, L. K., Hartman, L. P., & Brown, M. E. (2014). Moral Person and Moral Manager: How Executives Develop a Reputation for Ethical Leadership. Journal of Business Ethics, 97(1), 1-15.

Conclusion

Ultimately, while Porter Cable may not be legally liable for the charges incurred by Ima Krimnel on her corporate credit card due to her unauthorized personal use, the ethical implications surrounding this situation are significant and warrant attention. It is crucial for organizations to cultivate a culture of ethical behavior and accountability, ensuring that all employees understand and adhere to corporate policies regarding resource usage. This not only safeguards against potential misuse but also promotes a healthy workplace environment committed to integrity and trust.

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