Question

Many constitutional protections have become a part of our culture in the United States. Due process, especially procedural due process has become synonymous with what Americans consider “fair”. For this reason, if a business owner wishes to avoid legal disputes, he or she should consider giving due process. Explain what that is and how a businessman should best implement it. What would be the probable results?

Answer 1

Due process is now a business requirement, according to which all the legal matters should be resolved following the principles and rules, and the employees or individuals should be treated equally and fairly. The due process code of conduct applies to the criminal as well as civil court matters. All individuals in developed countries and legal systems possess certain basic/fundamental rights under the judiciary governance system and hold the belief that they would be treated fairly. Therefore, employers should see to it that the rights of employees and individuals are not violated because of the policies and practices of the companies.

The 5^th, as well as the 14^th amendment of the USA constitution, outlines the “due process”. No individual, business, party, and/or State/Federal government can deprive a citizen of the basic property, liberty, and life rights without undergoing the due process of law. Therefore all citizens and employees get security through the due process clause and law in the form of:

a. Procedural protection.

b. Substantiation.

c. Protection from ambiguous/unclear laws.

The Bills of Rights of the US constitution also offers protection to the individuals and employees through the First 10 amendments, and the employees working under a business owner also possess these rights. These rights include freedom of speech, hearing through impartial jury, protection against undergoing punishment for the same crime twice, and practicing faith and religion, among others. The laws also prohibit workplace discrimination.

For the rights possessed by the citizens of the USA and even ethically, an employer has to carry out the due processes wherever required and they must treat the employees fairly. The business owners may also be required to act fairly/ethically in realizing and practicing their business contract and in carrying out business processes. Therefore business owners are prohibited against discriminating the employees based on color and gender among other aspects. They may also not be negligent towards their obligations and duties as described in a business contract or would have to pay the compensatory damages to the other party. The business practices and operations should not harm the environment, community, or national interest to an extent that it becomes illegal, and should have the due compliance processes/checks in place. Businesses, even when they are part of Federal government plans and initiatives may not cross their boundary and deny due process to customers, employees, and partners among other parties. For instance, a business that collects electricity bills for a State government should provide proper hearing to the customers and provide them the due process before actually cutting off the electricity when they fail to pay the electricity bill in time.

Business owners should, therefore, follow the due process and abide by the rules and regulation to avoid problems, troubles, lawsuits, and litigations, and to make their business organization complaint, successful and sustainable. Due processes also provide for ethical processes and decision making and enhance the repute of an organization. The approach also helps in faster resolution of disputes and conflict.

Implementation Of Due Process And The Results

All business owners should have the right set of policies, procedures, and processes so that the operations can run efficiently and effectively. The organizational structure can also include the elements that facilitate due process and help the organization act quickly on different issues and scenarios. Adoption of due processes improves employee productivity and motivation and provides for faster and effective communication. Owners should see to it that there is a scientific, ethical, compliant and structured way of carrying out business operations, which ensures success. The policies and framework of the organization should take into account the internal and external environmental factors and the strategies and plans that are created should provide for legal compliance, better ethics, proper conflict resolution framework, and optimal efficiency. The nondiscriminatory policies and ethical approaches of organizational behavior and culture should reflect in all policies and methodologies adopted by an organization.

Business owners can turn to be more successful when they adopt the due processes for compliance, conflict/grievance redressal, safety and other operational and business processes. Developing the right tools for implementing the vision of the company while following the values helps the owners, as well as employees, enjoy success and journey. Organizations that give weight to employee opinion and are fair to attract the best talent and or also treated with respect and admiration by the customers and communities. Adoption of due process for various aspects of organizational management and governance (including hiring and termination) ensures that the hiccups, hurdles, and errors are mitigated while the results are favorable, unbiased and obtained in the least of time. When complaint/grievance redressal processes and procedures are well structured and implemented fairly, the bond between the employees and the organization also grows and strengthens. Due process and compliance with health, hygiene, and safety Act (like the Occupational Safety and Health Act) also save business owners tons of money and ensure the good health of employees as well.