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Business Entities, Laws and Regulation

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Business Entities, Laws, and Regulation
Danielle Carter
BUS 415
March 19, 2012
Frank Poe

Introduction For many companies to experience success, they should be able to come up with the experienced essential that will help them operate their businesses in the well-organized way as possible. Furthermore, there are ultimately three things that many companies need to pay attention of, for instance, taking control, liability and taxation issues. No business can ever be successful if they do not learn to stand by the rules or laws set that is exactly for their nature of business, and at the same time be understanding of the likely risks that are involved in their decisions. The construction company also needs to be aware of the laws governing employment and should also stand by them when beginning their business.
Restaurant/Bar Scenario The investors of the restaurant/bar are Miriam along with Lou and Jose. Among the three, Miriam is known to be a wealthy investor and do not have time to participant in all the business transactions and would only choose to just receive his share from the percentage of ownership. Since this is the kind of business that is started by three owners, it should be created within a limited partnership. Cheeseman (2010) assertion is that the partnership should file a document stating their information return as well as their income information such as the amount they earn and lose from the partnership. Since Miriam is too busy, it is on the other hand that Lou and Jose’s responsibility to make sure these government regulations are well observed. Standing by such laws will save both the employees and customers of the company from any trouble that may arise. More things that the business owners can do is to simply stick with the current situation are promoters of peace and social justice, set moral standards, conduct smooth changes and plans, and increase their profit while still having a cooperation ready at hand. A company that is operating morally and ethically is more likely to interest trustworthy and productive people. Improper behaviors due to intoxicated state are unavoidable is an example of this business. The restaurant/bar just cannot stop serving liquors because of this reason, nonetheless, whatever happens inside the business place whether it concerns the goods they are selling or the behaviors of the people inside of the business, the company will always be liable for everything. In Lou and Jose’s case, it will just be better if they already prepare some precautionary measures for some unpleasant events that may happen out of their business. Another consideration in opening up the business is the acquirement of manpower. Civil Rights Act of 1964 requires fair considerations of all the applications that the company may receive. Once the owners have finally chosen the right candidates, they should come up with the list of regulations for the employees to view. Failure to follow certain regulations either by the employees or the business itself can lead to the foreclosing of the business. Business owners should always avoid misconducts mostly major ones such as sexual harassment, discrimination, racial discrimination, religion and ethnic disrespect, among others in the business. By guaranteeing a workplace that is free from such unfortunate incidents, customers and employees would then feel safe in their working environment.
Professional Practice A business that includes the practice of occupation is an undertaking that will be happening out by Akiva and Tara, who are both licensed obstetricians. With this kind of business venture, they first have to register their business with LLC. This way, they are safe from any liabilities in case of emergencies happen. This is even more important for this kind of business that mainly deals with health care. LLC is a non-taxed business organization with their income only dependent on their clients or members’ income tax return (Cheeseman, 2010). The owners may have to deal with taking care of the health of both mother and child, and the license that they own is like an guarantee that they are credible persons who know what kind of procedures are legal and what are not. Any wrong move on their behalf can lead to accidents and can immediately lead to a lawsuit. If Akiva and Tara choose to hire other employees for their business, they are also responsible for providing them with the right training for them to be able to stand by the right procedures and avoid any negative incidents.
Construction Scenario Mei-Lin has been hired to work as a hiring manager for the company. Aside from recruiting the most appropriate applicants, another major responsibility she has with her job is to always be reasonable in choosing the applicants, meaning no discrimination should hold back any applicant from having the opportunity to get the job. Based on the job requirements, the best two applicants for the job vacancy are Nick and Michelle, age 23 and 35. The job position that is available is the Jackhammer, which requires that the person has attained a high school diploma, and since there are no other requirements needed, the company objectives is to invest in training their new employees. Between the two, Michelle has better qualifications just because she has already worked as a jackhammer before and has a high school diploma. However, both applicants may also have some medical issues: Michelle is pregnant and Nick has epilepsy, which means that he may have seizures anytime. But unless it stated in the job requirements that applicants need to be physically fit, then Michelle and Nick are still qualified for the job. On the other hand, the two applicants who are not qualified are Erick (55 years old) and Felipe (38 years old) because they do not possess a high school diploma. Both of them however have work experience of Jackhammer. Felipe also does not speak English, but it should be made clear that it was only his lack of high school diploma that made him unqualified. With this it is also the task of the hiring manager to make sure that it is clear for the unaccepted applicants why they are not accepted for the job position. Once the qualified candidates are hired, the company should make sure they get the training and orientation that they need to be able to function professionally in their new job. The company would still be responsible for everything that happens to the workers while they are at their working place. When employees know how to do the job, accidents, mistakes, injuries, and waste of money can still be avoided. The salary of employees is also technically based on their qualifications and experience, except if it was already stated in the job contract that they would be offered a certain wage.
Conclusion
For instance, knowing how to plan deliberately and identifying the core functions in the business is the best way to accomplish success. As before recognized, the factors involved in the basic of any business are taking control, taxation, and liability issues. Whatever the nature of the company may be, they should always obey with the government laws and regulations in order to avoid legal troubles. Another consideration is the employment procedures and regulations that also need to be followed before starting any business.

Reference
Cheeseman, H. R. (2010). The legal environment of business and online commerce:
Business ethics, e-commerce, regulatory, and international issues. (6th Ed.) Upper
Saddle River, NJ: Pearson Prentice Hall.

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