Article Reference:

Puleo, G. (2019). What To Do When Your Boss Is Unethical. A New Way to Work. Retrieved 23 March
2020, from [Link]

[Link]
What To Do When Your Boss Is Unethical
february 20, 2019 by dr. geri puleo at [Link] posted
in burnout, change, fear, human resources, leadership & management, trust, working

When I was conducting my research that led to the Burnout During Organizational Change
Model (B-DOC), I asked my participants to identify what they believed led to their burnout.  I
didn’t offer any potential choices relating to what I thought caused burnout.  So, one particular
finding left me, well, flabbergasted:
A disturbing 57.1% of my participants believed that their burnout was either caused or
exacerbated by their manager’s requests for them to take ILLEGAL OR UNETHICAL
ACTIONS.
This was over half of my participants!  An even more disturbing finding was that these requests
were more prominent in participants who worked in nonprofit environments (66.7%) compared
to those in for-profits (50%).
According to one female non-profit change leader, she felt that she had somehow become
involved with “dirty people” because there were multiple requests for her to take illegal or
unethical actions.
Another male for-profit change leader was adamant that he would not take the actions requested
of him by his manager, stating, “I’m not going to do it.  I won’t.  It goes against everything I
believe in.”  His manager’s response was simply, “You have to.”
What do you do when your boss asks – or even demands – that you take actions that you believe
are unethical or know are illegal?  Sadly, this appears to be a growing challenge for the modern
worker.
SOME REASONS FOR UNETHICAL REQUESTS
Organizations are beginning to demand a higher level of ethics in their employees’ conduct. 
Despite demanding that all employees read and sign the organization’s corporate ethics and
compliance policy, the projected moral and legal commitments may not materialize.
The sad reality is that corporate ethics have been under increasing scrutiny as a result of a
hypercompetitive marketplace.  When the competition is significant (even staggering), company
leaders may resort to making business decisions that require employees to take actions that may
not necessarily be illegal, but can be perceived as unethical.
While some of these decisions have led to public scandal and disgrace (such as Enron), it appears
that far too many companies are “flying under the radar” of conventional ethics, yet still
achieving success.  For example, companies may use misleading product information or unfair
competition practices in order to gain market share.  Corporate financial reports may be
manipulated to cast a better light on their financials.
Any and all of these unethical decisions are made by employees.
In today’s űber competitive marketplace, some managers believe that a strong commitment to
ethical behavior unfairly limits their ability to create desired organizational results.  So, they
rationalize the underlying ethos of their decisions and demand that their subordinates do the
same.
In other words, organizational demands can create a powerful environment in
which ethical people behave unethically. 
A recent article in the Harvard Business Review noted that, although there has been progress in
building more ethical enterprises, 41% of surveyed workers reported seeing ethical misconduct
in their workplaces within the previous 12 months.
The ways in which unethical behaviors are displayed in the workplace vary.  In my research,
participants characterized their managers’ behaviors as unethical when there was constant
swearing, inappropriate comments, yelling, screaming, and even harassment.  Such poor
communication was a precursor to burnout in 64.3% of cases.  This lack of values-based, ethical
management practices led to treatment of employees that bordered on being inhumane.
Put another way, burned out employees were often the victims of unethical bullying by
managers.
Bullying is defined as “any unwanted behaviour that makes someone feel intimidated, degraded,
humiliated or offended.”  According to ACAS (a nonprofit in the U.K.), bullying and harassment
are similar unethical workplace behaviors which may or may not be readily apparent in the
workplace.
Even though they are similar, “harassment” under U.S. law has special meaning and protections
that are not  afforded to bullying.  According to research conducted by the Workplace Bullying
Institute, most bullying is not accompanied by illegal harassment – meaning that:
80% of bullying provides NO legal recourse for its victims. 
Although there are currently no laws against bullying in the U.S., it is gratifying that 30 states
and 2 territories have introduced anti-bullying legislation in The Healthy Workplace Bill.
The importance of anti-bullying law is reinforced due to the rise in such behavior across
organizational hierarchies.  In 2018, Forbes magazine reported that nearly 75% of employees
have been affected by workplace bullying.  Whether the bullying is initiated by a supervisor or a
coworker, it is always considered to be a type of power struggle between the parties.
NOTE:  Although the participants in my research did not specifically cite “bullying” as a cause
of their burnout, bullies tend to be poor leaders and withhold resources.  This combination of
poor leadership and a lack of necessary organizational resources to do the job was cited by
92.9% of my participants.  Additionally, the lack of organizational caring (which are often
displayed in the tactics by used by bullying managers) contributed to burnout in 85.7% overall.
HOW TO RESPOND TO UNETHICAL REQUESTS
Whether these managerial requests are the result of a culture that tolerates such behavior or
reflect a management personality that uses power (or bullying) to pressure workers to behave
unethically, the individual must still deal with  the effects of these requests.
A recent New York Times article gave the benefit of the doubt to the manager:  perhaps your boss
made the unethical request unwittingly.  Similarly, a [Link] article warned of the
importance in making sure that you fully understand the situation surrounding your boss’s
unethical request.
However, once such a request has been made, the quandary for many workers lies in
the potential ramifications of complying:
 Will you be held complicit and liable if the unethical request is discovered?
 Will you face retaliation if you report the unethical request to your boss’s boss or HR?
 If you comply, will subsequent requests require even greater ethical challenges?
 Finally, can you continue to work in an environment in which you must act in a way that
undermines your ethics and values – even if you are dependent upon your paycheck?
These fears of potential retaliation, demotion, or job loss may be justified.  In a National
Business Ethics survey conducted by the Ethics and Compliance Initiative in 2016, 53% of U.S.
workers who reported misconduct were retaliated against!
So, what can you do when your boss asks you to act in a way that you believe is unethical?
 Ask questions. One of the most simple ways to avoid unethical behaviors is to understand
the true nature of the request.  Often times an unethical request may simply be an
expedient way of solving a problem (in other words, your boss was “too busy” to
consider ethical issues).  Before reacting strongly and emotionally, ask your manager to
repeat the request so that you can clarify what he or she is specifically asking you to do –
then paraphrase this understanding back to him or her.
 Trust your gut. If after fully understanding what your manager is requesting and you
intuitively know that the act is unethical, explain to your boss why you feel
uncomfortable following the directive.
  Focus on creating a more ethical approach to solve the problem. If “cutting corners” to
expedite an activity feels unethical to you, mutually brainstorm other ways that your boss
can still achieve the desired outcomes and you can feel comfortable with the desired
actions.  If an initial conversation doesn’t work, then put your ideas into an email – you’ll
then have a record as to why you are not complying with a request to do something that
you believe is unethical.
 Don’t tolerate being bullied into doing something unethical. If you boss insists that you
perform an unethical task, he or she may use pressure, coercion, or intimidation to force
you to comply.  DON’T!  Many requests that start out as unethical may ultimately lead to
legal consequences.
SOME REASONS FOR ILLEGAL REQUESTS
Quite frankly, there are none.
Managers who knowingly or unwittingly ask their subordinates to engage in activities that are
illegal will still be held liable for the consequences – as you will be, too, since you complied with
the illegal request.
The challenge is how to protect yourself in the event of a lawsuit stemming from these illegal
actions.
HOW TO RESPOND TO ILLEGAL REQUESTS
The good news is that you may have legal claims against your employer if you suffer retaliation
for refusing to take an illegal action at work or if you were a whistleblower who reported the
illegal activity.  In addition to laws protecting whistleblowers (always check with an attorney!),
there may be grounds for wrongful termination pursuant to relevant state laws.
NOTE:  Don’t assume your legal standing –
always check with an attorney experienced in employment law!
If you have been asked to take illegal action, this is a time when you MUST take a stand and
refuse.  As previously mentioned, taking the illegal action even if you disagree with it is NOT an
adequate defense in a lawsuit.
To protect yourself, consider the following ideas:
 Escalate your concerns. Talk to your boss’s manager in an effort to resolve the problem. 
Speak to someone in your company’s HR department – ideally a manager who has the
authority to act upon this information.  Ask your company’s compliance manager for
advice as to how to proceed.
 Be prepared that your boss may retaliate against you. No, it isn’t right.  No, it isn’t
ethical.  And, yes, it may be illegal.  But sadly retaliation is all too common.
  Be prepared that your employer may do nothing in response to your questions or
complaints. This is a cultural issue – and an organizational culture that supports unethical
or illegal behaviors will do little to assist an employee who refuses to comply.
 Be prepared to address coworkers’ comments. Although you should ideally keep the
confidentiality of your boss’s request to engage in illegal conduct, the office grapevine
can still find out.  Once again, this is a cultural issue:  you might be viewed as either a
hero for refusing to act illegally or you might be viewed as a “snitch” who doesn’t fit
with the corporate culture.
 Make sure your resume is ready in case you need to find a new job. As previously
mentioned, many employees are retaliated against when they fail to comply with a
manager’s request – even if it is unethical or illegal.  The question is:  do you want to
stay in a culture that advocates unethical or illegal behavior AND are you prepared for
the legal consequences of being complicit?
An unethical boss is the bane of an ethical employee’s existence plus it can be an environmental
factor that leads to the psychological, emotional, and physical űber stress of burnout.
If you’re currently employed at the company, you have some important decisions to make:  Is the
unethical or illegal request a one-time issue OR is it an indication of the corporate culture?  If
you stay with your employer, can you handle the emotional strain of staying in an organization
whose values do not align with your own?  And, finally, is the risk of potential civil or criminal
charges against you due to your complicity worth it?
Remember:  Unethical or illegal management requests can not only place you into potential
legal jeopardy, but can also cause you to burn out!

--

GAWRONSKI, S. (2016). 7 Ways To Respond When Your Boss Asks You To Do Something Unethical.
Fast Company. Retrieved 23 March 2020, from [Link]
respond-when-your-boss-asks-you-to-do-something-unethical.

[Link]
something-unethical

7 Ways To Respond When Your Boss Asks You To Do Something Unethical

Saying a principled “no” to your boss isn’t easy, so let the experts show you how.
09-09-16 BY STACEY GAWRONSKI, THE MUSE6 MINUTE READ
You’re not going to be thrilled with every assignment you’re given, with every task you’re asked
to carry out, with every project you’re instructed to oversee. That’s the reality of having a job.
It’s a lot like life–you take the good with the bad and the annoying or boring.

But, navigating tedious responsibilities or work that doesn’t stoke your fire is a far cry from
handling a request from your boss that requires you to basically throw a colleague under the bus.
If your manager approaches you about taking one for the team, framing it as an item that’s
simply part of your job and something that has to be done, you’re probably not going to feel
good about it.

If you have any kind of moral compass and a reluctance to injure a team member’s reputation or
inaccurately blame a coworker for a project gone wrong, then you’ll likely want to find a way
to say no to your supervisor without risking your position at the company.

Seven Muse Career Coaches weighed in with excellent advice for handling this tricky situation.
Just because the request isn’t illegal or even really unethical doesn’t mean you have no choice
but to heed the demand. There’s a big picture here, and if you ignore it just to appease your
manager, you could come to regret it later.

1. REPEAT THE REQUEST

Share with your boss what you think the task is so that you are 100% clear about her request.
Saying it aloud before acting on it may also help your manager see why and how she’s put you in
an uncomfortable position. If, after repeating it, you’re still expected to carry out the request and
you’re feeling apprehensive, speak up. Clearly, tell your boss–face-to-face is best–why you’re
not cool with it.

—Avery Blank

2. INVESTIGATE WITH QUESTIONS

If you find yourself in this awkward situation, one of the most powerful strategies you can
deploy is asking probing questions. Skilled conflict mediators know that digging for information
about the other person’s agenda, interests, and needs increases the chance of arriving at a
favorable solution.

Put on your negotiator hat and say to your boss with confidence, “I’m not sure I grasp the
reasoning behind sharing those details with the entire company. Can you help me understand the
approach?” This expresses interest and curiosity on your part, while also subtly communicating
an assertion of boundaries, maturity, and professionalism.

You’re demonstrating that you make informed, measured decisions. Using psychologically
disarming questioning ensures neither side becomes defensive and helps you set the stage for a
fruitful back-and-forth dialogue with your boss.

—Melody Wilding
3. CONSIDER THE BIG PICTURE

Any request from a manager needs to be considered relative to the long-term impact on the
company and your standards for personal integrity. If you feel a request would violate either of
these, you have an obligation to express your concerns before agreeing to take any action. If
you’re pressed to follow through with the request, simply say no and explain your reasoning.

Just be prepared to stick to your guns and suffer the consequences. A healthy organization will
look at the full context of a situation before taking action. And if it doesn’t or if you’re singled
out by a manager, you probably don’t want to work there anyway. Keep good notes and be ready
to explain to new employers what happened and why you left.

—Bruce Eckfeldt

4. ENLIGHTEN YOUR BOSS

I once had a similar instance with a director at the company (who was not my boss, but still
senior to me). We were scoping out a client project, and there was a lot of internal disagreement
over a specific component of the project. We were asked to have a back-up solution in place for
a highly unlikely scenario. Although it was highly improbable that we’d need this alternate fix,
we had to devise it based on the client’s marketing plan.

Unsure whether we were capable of creating that back-up solution in the timeframe given, I was,
nonetheless, instructed by the director to tell the client that the deadline wasn’t a problem. I felt
very uncomfortable misleading the client, and so I decided to be straight up with my supervisor
on the project, “If I gave the phone to you, would you be able to tell them the same thing in good
conscience?”

He admitted that no, he wouldn’t be able to do that, and I think at that moment he saw the error
in what he was asking me to do. We, ultimately, ended up figuring out a way to build the
solution the client was looking for, and we didn’t lie to them. Sometimes, it’s going to be up to
you to show your boss the problematic nature of his request.

—Rajiv Nathan

5. OFFER AN ALTERNATE SOLUTION

Be honest in a diplomatic and tactful way. Let your boss know that you’re uncomfortable with
the request, but don’t just leave it at that. If you’re going to take issue with something, it’s
always best if you can offer a solution.

Brainstorm a better, more professional way of handling his request and suggest an alternate
approach. If your idea is rejected, continue to stand your ground and explain that you’re hopeful
that you can find a way to work together to develop another way of dealing with the issue.

—Heidi Ravis
6. BE A TEAM PLAYER

Bosses come and go, but your sense of justice and conscience are with you for life. Of course,
you still need a paycheck, and, thus, a way to handle moral ambiguity in the office.

Navigate a distasteful request from your boss by bringing up the team. Assuming your
organization values teamwork, say, “We talk a lot in this company about teamwork–about
winning and losing as a team. As such, neither I nor the rest of the team feel it’s fair for me or
any other single person to shoulder the responsibility for the failure of this project. It also sends
the wrong message to the other team members. We’ll recover and rebuild. But let’s not just talk
about being a team, let’s be one in spite of this obstacle.”

By sending the message that it’s not just you who feels this way but the entire team, you’re
showing respect for your colleagues and refusing to throw anyone under the bus. It’s unlikely
that your boss will fire or censure the entire team.

—Yuri Kruman

7. ARTICULATE YOUR CONCERNS

There is no doubt that this scenario presents a tricky situation of power. When a supervisor asks
you to do something you don’t want to do, it’s always challenging to walk the line of honoring
your values and being professional.

However, in an instance in which the request is so clearly antithetical to common tenets of strong
team culture and positive leadership, it’s especially important to hold your ground. Explain what
makes you uncomfortable about the approach; lean on the company culture (if possible) of
promoting collaboration and team efficacy.

You can also note that it’s more important to figure out a strong way forward as opposed to
placing blame on the past breakdown or failure. Your boss is more likely to be impressed by
your pushback and dedication to your team than frustrated by your unwillingness to abide by the
request. At the end of the day, you want to feel comfortable that you can live with your actions,
even if you don’t love your leader’s.