...Running head: Ethical Issues in HRM Strategy HRM 530: Assignment #1 Nakesha Booker Strayer University Dr. Obi Iwuanyanwu July 15, 2012 When hired as a newly HRM (Human Resource Management) consultant, you must first understand your role before you can began assisting with any issues or other areas of overlap. The primary role of a HRM consultant “is to assist the client to identify needs, develop an action plan and facilitate change to enhance the success of your organization. Our management, human resource, and training services are designed to improve productivity, efficiency, communication and employee morale” (Welcome to HR Consultants, Inc., 2009). Once you have a thorough understanding of your duties in this role you can successfully develop an action plan that will aid in the implementation of necessary changes within the organization. Some areas of overlap that you many encounter in a new client organization could include; but not limited to the following: talent acquisition, retention, employee morale, and training. Each of these roles (in my opinion) is vital in the successfulness of any organization. If you, as a HRM consultant can acquire the needed talent, effectively train them while instilling the need of excellent employee morale, you will be able to retain these employees keeping, while maintaining a high retention rate. While not all candidates selected will be successful, the important part is that HRM consultants...
Words: 745 - Pages: 3
...Inc. (RJA) on December 23, 2005. B. Boerjan began working with RJA competitor, Leonard & Company. C. Boerjan created his own “posting pages” (book of business) so that he could prepare account transfer forms. The “posting pages” are industry standard and contain the cient’s personal information. D. Boerjan avers that RJA’s CEO told him and others at an October, 2005 meeting that “you own your book” and that they were free to take their book of business with them when they left RJA. E. RJA accused Boerjan of taking trade secrets of their company to the competitor company, to solicit clients. 3. The Issue Can Raymond James & Associates, Inc. succeed in filing a temporary restraining order and a preliminary injunction towards Ronald Boerjan for taking “trade secrets” (client lists and information) to the competitor company, Leonard & Company? 4. Holding No. 5. Summary of the Court’s Reasoning A. The Court for the Eastern District of Michigan, Southern Division found that while working for RJA, Boerjan did not sign any non-solicitation or non-compete agreement. He had every right to take the information he had recorded in his “book of business” of clients he had helped to his new employer, Leonard & Company. Boerjan’s personal book is his property. B. Although it is clear that Boerjan was making preparations to compete, he did not take any action with the previous clients until he had resigned from RJA. He resigned on December...
Words: 319 - Pages: 2
...nterprise Cleverness Providers, Inc. v. Carole Hudson Facts Carole Hudson was a workforce of Enterprise Cleverness Providers (BIS). Throughout August of 1983, Milliseconds. Hudson been given an employment present via Operations Technologies, Inc. (MTI), a contending agency. With regards to onethird of MTI's staff had been former staff of BIS. Enterprise Cleverness Providers (BIS) looked for an injunction to stop Milliseconds. Hudson via working for MTI. Milliseconds. Hudson considered that will the lady had authorized an employment agreement with BIS with June 1983, however later couldn't build a content of the usb ports. Through the summer of 1983, Milliseconds. Hudson had been given a advertising at BIS. Upon Sept 9, 1983, ahead of Milliseconds....
Words: 476 - Pages: 2
...MEMORANDUM TO: Cheryl Olsen, Legal Counsel for Greene’s Jewelry FROM: Kyle Hulce SUBJECT: Jennifer Lawson – Confidentiality Violation and Alleged Wrongful Termination DATE: September 26, 2018 CC: Lisa Peele, Head of Human Resources Application of the Law to the Facts: The Captain Co. v. Towne case showed us that it is an inextricable requirement to prove that the information the plaintiff seeks to protect must be unique to that particular organization and not general knowledge acquired working within an industry. As previously discussed, the Uniform Trade Secrets Act and the New Hampshire iteration of the Uniform Trade Secrets Act and its definitions confirm that Ever-Gold is a trade secret, covered by the confidentiality agreement, and was misappropriated by Ms. Lawson since she took the information on her last day, by accident, related to that process. She then transferred it to a competitor and did receive a financial benefit in the way of employment which completes the prima facie test to confirm a violation of the act. Occasionally, New Hampshire courts have difficulty deciphering how to treat confidentiality agreements. The questions that may be raised have to do with the manner in which Ms. Lawson was able to misappropriate the Ever-Gold process and to also determine why she was exempt from the non-compete covenant since she was privy to a large amount of information that executive level employees also have access to. The defense may be raised that Greene’s Jewelry should...
Words: 1500 - Pages: 6
...1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points) Free Speech 2. What court decided the case in the assignment? (2 points) Supreme Court 3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points) A radio show decided to have an Ugliest Bride contest and used the bridal photographs that were published in the newspaper. The winner of the contest was an employee of a competing radio station and the very derogatory comments about the plaintiff and her appearance were made on the radio show. The plaintiffs name and personal information was broadcast on the show and callers were allowed to comment on her. The plaintiff tried to sue the radio station for intentional infliction of emotional distress and defamation of character. 4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points) The court decided that this was not defamation because it was the broadcaster opinion. The court approved filing for intentional infliction of emotional distress. 5. In the decision, why does the court state further proceedings will be required? (5 points) The court confirmed that the plaintiff can pursue a lawsuit. 6. Do you agree with this decision? Why or why not? (5 points) Yes, I agree with the decision made in this case. The plaintiff name and other personal information was released to the public and they...
Words: 959 - Pages: 4
...Kudler Fine Foods IT Security Report Kudler Fine Foods is an upscale specialty food store with the very best domestic and imported fare at every location. In keeping with their motto, “Shopping the World for The Finest Food”, Kudler Fine Foods shops the world in order to provides the very best Baked and pastry products, fresh meat and seafood, fresh produce, cheese and specialty dairy products, wines, and condiments and packaged foods. Kudler Fine Foods brings those food items back to their loyal customers in the San Diego metropolitan are. Kudler Fine Foods has stores in Del Mar, La Jolla, and Encinitas. Their mission is to offer their customers a delightful and pleasing shopping experience by employing experienced, helpful, and knowledgably staff, coupled with their selection of fine foods. Background Customer rewards programs and the like have become commonplace in many small and large retail market places. Kudler Fine Foods understands the benefits these programs offer. Customer rewards programs are electronic records management (ERM) systems that collect and store customer sales transaction information in databases from which reports can be queried. Kudler Fine Foods plans to develop the RMS, but needs help from Learning Team “A” to manage security concerns during the system development life cycle (SDLC) in order to safeguard data stored as customer information within the newly implemented system as prescribed by the Federal Trade Commission (FTC). The FTC is charged...
Words: 1352 - Pages: 6
...TO: Supervisor FROM: Andrew ToussaintDATE: January 27, 2016RE: Applicability of Greene’s Jewelry Wholesale, LLC vs. Lawson MEMO INTRODUCTION Jennifer Lawson, who was rightfully terminated during Greene’s Jewelry Wholesale’s downsizing effort for consistent tardiness throughout her three years of employment with Greene’s Jewelry Wholesale, breached the confidentiality agreement to not share any information regarding the process used to create “Ever-Gold,” by sharing key process elements in producing Ever-Gold to a competing business named Howell Jewelry World. Ever-Gold is the primary asset of Greene’s and is sold exclusively through Greene’s. Greene’s employed 502 individuals and was exclusively located to the state of New Hampshire at the time of Lawson’s employment with Greene’s. CLIENT CASE FACTS AND LAWS Facts Regarding Unlawful Termination All of Lawson’s annual reviews indicate that she was consistently late to work by 15-30 minutes. Lawson learned she was pregnant and requested extra time off from the Greene’s Head of Human Resources, Lisa Peel. Peel informed Lawson of her termination with Greene’s, by verbally communicating "Congratulations Jennifer! That is exciting news for you. We do not need to worry about time off, though, because, regrettably, I was just going to let you know that we are downsizing and no longer have a need for any of our junior executive secretaries.” Lawson cleaned out her work space and returned home the same day...
Words: 2602 - Pages: 11
...NOTE: Amala Brown Download Request: Current Document: 1 Time Of Request: Sunday, May 26, 2013 18:54:05 EST Send To: NEXIS, 146BTS DEVRY UNIVERSITY 3005 HIGHLAND PKWY DOWNERS GROVE, IL 60515-5799 Source: NY Supreme Court Cases - Appellate Division from 1875 Project ID: FOCUS - 1 of 1 DOCUMENT B-S Industrial Contractors, Inc., Respondent, v. Burns Brothers Contractors, Inc., et al., Appellants. 82349 SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT 256 A.D.2d 963; 681 N.Y.S.2d 897; 1998 N.Y. App. Div. LEXIS 13888 December 24, 1998, Decided December 24, 1998, Entered PRIOR HISTORY: [***1] Appeal from an order of the Supreme Court (Nicandri, J.), entered November 6, 1997 in St. Lawrence County, which, inter alia, granted plaintiff's motion for leave to amend its complaint. DISPOSITION: The order is affirmed, with costs. CASE SUMMARY: PROCEDURAL POSTURE: Defendants, materials supplier and former employees of plaintiff construction company, appealed from an order of the Supreme Court, St. Lawrence County (New York), which held plaintiff's complaint sufficient to survive a motion to dismiss. Plaintiff alleged defendants took certain confidential files from plaintiff and told plaintiff's customers that due to a mass exodus of employees, plaintiff could not provide supervision or expertise. OVERVIEW: Plaintiff construction company filed suit against defendants, materials supplier and former employees of plaintiff...
Words: 1341 - Pages: 6
...case | History of case | Court | Lawyer’s opinion | Accounting Impact | 1 | Ocean Petroleum Limited Vs. Federation of Pakistan, Directorate General Petroleum Concession, Dfera Energy Limited, Dfera (Pakistan) Exploration G.M.B.H, Zaver Petroleum Corporation Limited and Government holding Limited. | Intra court appeal (ICA) has been filed by Plaintiff against Judgment of Single bench. In writ petition Plaintiff has challenged No objection certificate(NOC) issued by Directorate General Petroleum Concession to OMEL and a direction to DGPC to restrain OMEL from alienating, transferring, disposing it’s interest in Maher Concession and direction to enter into contract with any party, Particularly OMV(Pakistan) G.m.b.H. To Date there is no injunction order in the matter. In aforesaid Writ petition Zaver Petroleum Corporation Limited (ZPCL) and Ocean Petroleum Limited was plaintiff before single member bench but in intra court appeal before Division Bench Zaver Petroleum Corporation Limited has opted not to appeal against Judgment of Single Member Bench. Intra court appeal has been dismissed by the court but due to typographical errors in judgment the application for correction has been pending | Islamabad High Court, Islamabad.ICA No.73/2012 in W.P 941/2011 | M/s AR Awan Raza has been engaged by The Branch as lawyer in the Case. As per lawyers opinion, This matter represents no risk of any...
Words: 1448 - Pages: 6
...Restorative Justice has the twin goals of restoring to the victim what has been lost….e.g. dignity or control, and b) achieving a resolution between both parties in conflict (ifemenist.com). When it comes to domestic violence there are few various approaches used to restoring justice to the victim. Techniques such as therapy, negotiation and community involvement is use to end the violence. As for ending domestic violence Restorative Justice is the collective name giving for these approaches. We all know that Restorative Justice will not work for everyone, and it will definitely not work in situations where the abuser has no remorse. Therefore I want to explore the positive and negatives of trying to restore justice to domestic violence by way of Personal Protection Orders (PPO’s). Personal Protection and Restraining Orders Personal protection orders (PPO) is an order signed by a Circuit Court Judge that forbids or restricts a person from doing something. When use for domestic violence it forbids an abuser from neither harming someone nor committing further abuse on a victim. Though restraining orders have been found to be less effective then orders of protection, many victims consider them helpful when documenting that the abuse occurred (Violent Relationships, p.105). These orders usually prohibit communication, contact, harassment and physical nearness (Ingham.org). This paper will explore various downfalls of Personal protection...
Words: 2380 - Pages: 10
...NONDISCLOSURE AGREEMENT This Nondisclosure Agreement (this "Agreement") is made effective as of ________________ (the "Effective Date"), by and between Mobile Photo Booth, LLC (the "Owner"), of PO Box 22408, Eagan, Minnesota 55122, and ___________________________________ (the "Recipient"), of _________________________, _________________________, _________________________ __________. The Owner is Renting and Providing Photo Booth Services. The Recipient is Providing Contracting Services to Mobile Photo Booth, LLC. Information will be disclosed to the Recipient ___________________________________________________. The Owner has requested that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows. 1. Confidential Information. The term "Confidential Information" means any information or material which is proprietary to the Owner, whether or not owned or developed by the Owner, which is not generally known other than by the Owner, and which the Recipient may obtain through any direct or indirect contact with the Owner. a) "Confidential Information" includes without limitation: - business records and plans - financial statements - customer lists and records - trade secrets - technical information - products - inventions - product design information - copyrights and other intellectual property and other proprietary information. b. "Confidential...
Words: 1048 - Pages: 5
...CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT This CONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT (this “Agreement”) is made as of ________, _____, 2013, between Merced Pathology Medical Group, Inc. 160 N. Riverview Drive, Suite 200, Merced, CA 92808 (hereinafter “Merced”) and Yosemite Pathology Medical Group, Inc, located at 2625 Coffee Road, Suite S. Modesto, CA. 95356 (hereinafter “Buyer”). WHEREAS, Merced, an anatomical pathology laboratory company, has represented that it might be available for acquisition; and WHEREAS, Merced desires to present to the Buyer certain confidential and proprietary information about said laboratory company (the “Potential Acquisition”) and that laboratory requires that its information (including the fact that it is willing to be acquired), remains confidential; and WHEREAS, as a condition to furnishing such information (all of which is of a confidential and proprietary nature) Merced and the Buyer agree, as set forth below, to treat confidential all information furnished by Merced about the laboratory acquisition, whether before or after the date of this Agreement and whether or not in writing (together with all projections, financials, memoranda, notes, analyses, compilations, studies and other documents, including, without limitation, any copies or extracts thereof, whether prepared by Merced or its Agents (as defined herein), which contain or otherwise reflect any such information, collectively, the “Evaluation Materials”)...
Words: 1283 - Pages: 6
...Philippines KEY DEVELOPMENTS » Maguindanao massacre trial stalls as witness is murdered. » Repressive Internet law draws outcry, high court injunction. The Philippines remained one of the most dangerous places in the world to be a journalist. At least one journalist, Christopher Guarin, a broadcaster and newspaper publisher, was killed in relation to his work. Four others were killed under unclear circumstances, and at least two more were attacked by unidentified gunmen. Despite President Benigno Aquino III's vow to achieve justice in journalist murders, the Philippines ranked third-worst worldwide on CPJ's Impunity Index, which spotlights countries where journalists are murdered regularly and killers go free. The landmark prosecution of suspects in the 2009 Maguindanao massacre moved at a sluggish pace and was dealt a severe setback with the killing of a key witness. A new Cybercrime Prevention Act gave officials discretionary power to shut down websites and impose prison terms of up to 12 years for online defamation. Amid an outcry by press freedom and civil society groups, as well as legal challenges by petitioners, the Supreme Court issued a temporary restraining order blocking the law's implementation. * 1 Killed in 2012 * 29% Internet penetration * 3rd Impunity Index ranking * 8th Highest Facebook use The government is seeking to limit online freedom at a time when social media use is growing in popularity. The Philippines ranked among the world's...
Words: 387 - Pages: 2
...USE PARAGRAPH (1.1) TO ANSWER QUESTIONS 1 – 6: 1.1 Big Time Toymaker (BTT) develops, manufactures, and distributes board games and other toys to the United States, Mexico, and Canada. Chou is the inventor of a new strategy game he named Strat. BTT was interested in distributing Strat and entered into an agreement with Chou whereby BTT paid him $25,000 in exchange for exclusive negotiation rights for a 90-day period. The exclusive negotiation agreement stipulated that no distribution contract existed unless it was in writing. Just three days before the expiration of the 90-day period, the parties reached an oral distribution agreement at a meeting. Chou offered to draft the contract that would memorialize their agreement. Before Chou drafted the agreement, a BTT manager sent Chou an e-mail with the subject line “Strat Deal” that repeated the key terms of the distribution agreement including price, time frames, and obligations of both parties. Although the e-mail never used the word contract, it stated that all of the terms had been agreed upon. Chou believed that this e-mail was meant to replace the earlier notion that he should draft a contract, and one month passed. BTT then sent Chou a fax requesting that he send a draft for a distribution agreement contract. Despite the fact that Chou did so immediately after receiving the BTT fax, several more months passed without response from BTT. BTT had a change in management and informed Chou they were not interested in distributing...
Words: 2114 - Pages: 9
...& Associates, Ronald Boerjan, resigned from RJA on December 23, 2005, and began to work for RJA’s competitor, Leonard & Company. Boerjan began to solicit his former clients of RJA, to try to transfer to LC. B. Noting that Boerjan has on record signed acknowledgements that he was aware and agreed to the policies and procedures prior to his hire at RJA, which included policies on what does and does not make up a “trade secret”, RJA seeks a preliminary injunction which prohibits Boerjan and LC from contacting, soliciting, or using any of RJA’s trade secrets, including by not limited to, customer lists and account numbers. 3. The Issue Do customer lists meet the definition of trade secret, and if so, is Boerjan breeching that with his solicitation of his former clients? 4. Holding No 5. Summary of Court’s Reasoning A. The likelihood of Boerjan’s success in transferring former client’s accounts to his new firm isn’t strong or substancial enough to be sufficicent enough to grant an injunction B. Customer lists developed by Boerjan are not protectable trade secrets. C. There is nothing wrong with an employee establishing and communicating with customers for whom he has formally done work with in previous...
Words: 253 - Pages: 2