Unit I Case Study
Please read the Case 1.6, DCS Sanitation Management v. Eloy Castillo, found on page 20 of the textbook. Once you
have read and reviewed the case scenario, respond to the following questions:
1. Was the hiring of DCS employees by Packers ethical?
2. Should companies who employ personnel to clean buildings be allowed to require them to sign non-compete
agreements?
3. Is the resolution of this case ethical?
Your response should be a minimum of 400 words in length. You are required to use at least your textbook as source
material for your response. All sources used, including the textbook, must be referenced; paraphrased and quoted
material must have accompanying citations per APA guidelines.
\f\fRunning Head; Case Study 1 Student's Name; Name of the Institution; Date of Submission; 2 The hiring of DCS former employees in not unethical .Reason being employees are very free at will to work with any company that they so much wish. However, some companies do commit their employees in writing that in the event that they may so much wish to leave or by whatever circumstance that they leave their first company they do sign a non-disclosure agreement that they would not reveal their secrets with their competitors or any other company that may pose a competitive threat to them. In the event that they break the agreement legal action can be taken against them and they would pay in damages[Red12]. Companies are at will to come up with policies that can limit their employees from giving away sensitive information in the event that their services are terminated. However, in some instances, there are usually no serious threat from the former employees on how much sensitive information that the employees do know unless they were in a very sensitive and privileged position that they would know very critical information. In the case of employees who clean buildings they do not necessarily have to sign an agreement the non-compete agreement since they are not likely to have access to very sensitive information about the company that they are cleaning the rooms in.However, in the event that there is suspicion or the client who is being offered the cleaning services does feel that there should be need for there to be an agreement then there will be a non-compete agreement in order to ensure the privacy of their documents. The decision in this case is ethical because the court did consider that the employees have committed themselves through an agreement that they will not reveal the information that they get to know about in the places that they are cleaning[Fin06]. In the event that they breach this agreement then they will be penalized through damages or through an interlocutory injunction. 3 Therefore, there should be consideration that the employees should be given the freedom and the space to work for any company despite them being employed by a different and they get to work in scenario that would be deemed uncomfortable to the former company. Another consideration would be that the employees they all reside within a limited residential area which is not far from areas that they have managed to secure the job opportunities and therefore it would not be prudent to limit their source of livelihood in any unfair way. REFERENCES; 4 Find Law. (2006, January 2006). Find Law. Retrieved May 8, 2017, from Find Law: http://caselaw.findlaw.com/us-8th-circuit/1325757.html Redmans Solicitors . (2012, December 11). Redmans Solicitors . Retrieved May 8, 2017, from Redmans Solicitors : http://www.redmans.co.uk/blog/employment-law-posts/poaching-staff-from-yourformer-employer-a-dangerous-game