Final answer:
The dismissed employee's defense does not address the ethical component of downloading illegal software, which violates intellectual property rights and company ethics. The company needs to establish clear ethical guidelines, perform software audits, and enforce disciplinary actions while educating employees on legal software use and investing in legal software licenses.
Step-by-step explanation:
An employee being dismissed for downloading illegal software disregards the ethical component of his behavior by merely stating that the practice is common among colleagues. Ethical conduct implies adherence to rules, laws, and principles regardless of the actions of others. Moreover, company policies and laws emphasize that intellectual property rights must be respected, and illegal downloading violates these rights. The MGM Studios v. Grokster Supreme Court decision highlighted the liability of entities facilitating copyright infringement.
The company must address the widespread issue of illegal downloads by establishing clear codes of ethics, conducting thorough audits of software usage, and implementing strict disciplinary actions against violations. This should be paired with employee education programs about intellectual property rights and the legal and ethical use of software. If the behavior is widespread, the company also needs to consider whether it has unintentionally fostered a work culture that tacitly approves of such practices and takes steps to correct this immediately. Additionally, the company should invest in legal software to prevent future incidents and ensure that all employees are equipped to perform their jobs within legal parameters.