...The Legal Environment & The Hiring Process La Toya Wright ENM 356 March 1, 2014 Dr. J. F. Ford From a human resources perspective, the hiring process is very important. There are so many factors to be taken into account when deciding how to hire someone for an opening in a company. Recruiting is a necessary party of any company's expansion efforts. But, there are a number of legal considerations in the recruiting process. Job postings, interview questions, checking references, and making hiring decisions / job offers all need to be done in a manner that decreases risk to the business. In fact, it is possible to ask unlawful or even discriminatory questions without realizing it. For example, employers are forbidden from discriminating on the basis of race, ethnicity, religion, marital or family status, physical or mental disability, gender, age, and possibly sexual orientation. The main thrust of all employment discrimination laws is to make it illegal for employers to treat employees or applicants adversely on the basis of something about themselves that they cannot change, or should not be expected to change. Such factors are called "immutable characteristics". For example, one cannot change one's race or color, gender, age, or national origin, cannot readily change one's disability status, and should not be expected to change one's religion, as a condition of getting or keeping a job. There are quite a few laws set in place to protect people in the hiring process:...
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...Hiring Ethical and Legal Implications Hiring Ethical and Legal Implications Every business has the potential to succeed; however, many do not. The ability to hire and retain high-quality employees is one cornerstone to maintaining a successful business. The hiring process has many legal and ethical pitfalls that managers must avoid during their selection process. In addition to the moral quandaries managers face, their hiring decisions also have vast social implications. Hiring managers must make decisions without prejudice, discrimination, or stereotyping the candidate. Often the ethical dilemmas that present themselves are not obvious examples of prejudice or bias. A hiring manager must be able to recognize the potential for discrimination or bias and resist making decisions are unethical or morally unjust. Legal Issues The federal government prohibits several hiring practices. The Civil Rights act of 1964 “prohibits employment discrimination based on race, color, religion, sex, or national origin” (“Federal laws“, 2009, para. 1). Hiring managers cannot discriminate by age according to the Age Discrimination Act of 1963 (“Federal Laws“, 2009). In addition to those prominent acts, employers are also federally prohibited to discriminate against individuals with disabilities and based on genetic information (“Federal Laws“, 2009). Employers are also prohibited from choosing candidates based on their “birthplace, ancestry, culture, or linguistic characteristics...
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...of frame that it is in, RSJ Security Services will become a positive element in the field of security. RSJ Security Services will focus primarily on clients and community interests, as well as employee needs. 3. RSJ Security Services will employee an experienced security staff, appealing to experienced security personnel, and present, and former military personnel, and implement based on client contracts using full time officers. RSJ Security Services will begin by having one employee, and that is the owner Roberto Santiago Juarez at the time of the launch of the company. With over seventeen years of experience in the security field he will oversee the entire operations of the security company. He will mange and finance/accounting, hiring, and human respources. In turn, security officers will be employed as client engagments are created and will be accounted for as a cost of sales. In turn, RSJ Security Services will provide professional and detailed security for its clients through the following...
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...1: The concept of legal personality could be defined as a person with lawful characteristics and qualities of a natural person. Being a natural person was not always enough to be considered as a ‘legal person’. However, women and slaves had to deal with difficulties with the law considering societies back then had a different view of them being recognized by the law as having legal rights, protections, privileges, responsibilities and liabilities under the law. the term and common law idea of "legal person" is to be visible and have a legal standing which, in other means, to be able to attract legal rights and assume legal obligations. If, however, a person was not considered to be recognized by the law, the human being will then be considered as a species of property that can only be bought and sold,(Davies and Naffine at casebook, 26). In that period of time, the subjugated Africans that were brought to America or Europe did not reach a ‘legal status’, hence were not considered as legal persons. As a result of not being granted legal status, they were treated as property to be bought and sold; they did not have control or ‘protection’ of their own lives. This lack of legal status affected their lives over the years; they were “bought and sold, treated as an ordinary merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed universal in the civilized portion of the white race.” (Brettle Dawson, 2101T S1_Introduction, Carleton University...
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...Sole proprietorship The sole proprietorship is the simplest form of business entity. Single person carrying on a business for profit. The sole proprietorship is the simplest business form under which one can operate a business. The sole proprietorship is not a legal entity. The sole proprietorship is a popular business form due to its simplicity, ease of setup, and nominal cost. A sole proprietor need only register his or her name and secure local licenses, and the sole proprietor is ready for business beginning and ending the business venture are uncomplicated steps requiring little more than the decision of the sole proprietor This can be an advantage, especially when the proprietor is not certain whether he or she will wish to continue the venture for any significant length of time and thus is unwilling to spend much money on filings, legal drafting, and the like. Disadvantages: The sole proprietorship does not have any legal existence separate from that of its owner. It also removes any shield from liability that might otherwise protect the proprietor. Thus, the proprietor is personally liable for all obligations of the business Partnership In contrast to general partnership law, a limited partnership is not dissolved by the death of a limited partner, and a limited partner may not compel dissolution of the partnership absent contrary provisions in the partnership agreement partners in general partnerships are jointly and severally liable for all obligations...
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...1. Advise Shania on which of the business forms under consideration best accomplishes her business goals. Thoroughly explain the reasons for your recommendation. Mrs. Shania Jackson is a mature Christian thinking of opening a Christian coffeehouse near Denver, Colorado. Her husband, Marvin, is open to making a contribution of capital to the business, but has no interest in participating in its operation or management. Therefore, I believe a limited partnership would best accomplish Mrs. Jackson’s business goals. A limited partnership is a hybrid of a general partnership and a company. It is a separate legal personality and those who participate as limited partners have limited liability (Hay, 2008, p.1). Anyone can be a partner in a limited partnership (Hay, 2008, p.1). A limited partnership must have at least one general partner and one limited partner (Hay, 2008, p.1). General partners are the partners who are responsible for the management of the partnership (Hay, 2008, p.1). Limited partners are usually investors and are prohibited from taking part in the management of the partnership (Hay, 2008, p.1). Both general partners and limited partners may have a capital interest in the partnership (Hay, 2008, p.1). Since Mrs. Jackson’s husband is only open to making a contribution of capital to the business, and Kelsey and Carlos are just looking to work there, this type of business form would be perfect for Mrs. Jackson to accomplish her business goals. 2. Advise Shania...
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...Legal Issues for Business Organizations Sole Proprietorship The sole proprietorship is the most common form of business and has been around for many years. It is the simplest form of business because it is owned and operated by an individual. Some advantages to choosing a sole proprietorship would be minimal state and federal regulations, which make it easy to control and manage. Another is the cost to start a Sole Proprietorship is minimal. It is a good form of business for someone who is starting out small. In many cases this type of business can be operated out of the owner’s home. All business decisions are made by the owner, therefore he or she is entirely responsible for the operations, financial and legal aspects of the business. Some disadvantage to a sole proprietorship would be. The owner has unlimited liability and his personal wealth and assets are at risk to claims against the business. Another would be that raising capital is difficult for a sole proprietorship and is usually limited to the owner’s personal funds or credit available based on his personal credit history. Another key point to a sole proprietorship is that the business is not required to file or pay taxes. The sole proprietorship is a tax reporting entity, not a tax paying entity so the business taxes are filed at the personal rate of the owner on his personal income taxes. Business Services Sole proprietorship (May 20, 2008). Retrieved on (March 9, 2010) from Iowa Secretary of State. http://www...
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...2008) * Liability- Because there is only one owner all the liability is on the sole owner. * Income Taxes – A sole proprietorship is not a corporation; it does not pay corporate taxes, but rather the person who organized the business pays personal income taxes on the profits made, making accounting much simpler. (Wikipedia 2008) * Longevity or continuity of the organization: The sole proprietorship remains in existence for as long as the owner is willing or able to stay in business. When the owner dies, the sole proprietorship no longer exists. The assets and liabilities of the business become part of the owner's estate. A sole proprietor can freely transfer a business by selling all or a portion of the assets of the business. (US Legal 2008) * Control: Generally, the owner (sole proprietor) has total management and control over the company. However, the drawback is that the owner is at risk for personal liability incurred through the acts of the owner’s agents or employees. A sole proprietor may hire employees to help manage the...
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...business structure is important because it determines how the business income will be taxed. This paper will discuss the different forms of business, give examples of each form, and justify why the corresponding business form is preferred. Sole proprietorship according to Cheeseman (2010) is the form of business in which the owner is actually the business: the business is not a separate legal entity (Cheeseman, 2010, p. 530). “An individual starts the business in his or her own name and does not require any special legal organization beyond the normal requirements such as licenses or permits” (Georgia Trend, 2006/2007, p. 34). Beauticians are great examples of a sole proprietorship. Beauty shops are usually owned by one person, while having other people working in them.This type of business form is preferred by beauticians or a plumber because it is easy, no formalities, and most importantly no federal or state government approval is required. According to Cheeseman (2010) the owner has the right to make all management decisions concerning the business, including those involving hiring and firing employees (Cheeseman, 2010, p. 530). A sole proprietor owns all off the business therefore he or she receives all of the profits. Most importantly if the sole proprietor wishes to sell or transfer the business no other approval is necessary (Cheeseman, 2010). Partnerships are a business form that consist of two or more people coming together to form a business. Each person contributes...
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...Running Head: THE LEGAL, SOCIAL, AND ECONOMICAL ENVIROMENTS OF A SOLE PROPRITERSHIP OF A MODERN COFFEE HOUSE The Legal, Social, and Economical Environments of Running and Operating a Modern Day Coffee House as the Sole Proprietor. Let’s Have A Cup or Glass of Iced Coffee. Abstract In this paper I will be describing the basic Legal, Social, and Economical Environments in owning and operating a modern Coffee House as a Sole Proprietor. I will describe in depth my options and decisions for obtaining the funds to start the company. I will then be describing the Legal aspects, the Social Environments involved, and the Economic Environments and all the decisions to be made as I plan a clear path to owning and operating a modern day Coffee House. Including how I plan to keep it up to date with the latest technologies. Better get a cup of Joe this might be a long read? It’s exciting times as I begin to research and explore the many options open to me as I begin to decide and create my plan of action for owning and operating a Coffee Shop as a sole proprietor. My first visit is to the SBA Direct Loan Services, as I have chosen this for my funding. The SBA has several loan packages for the small business owner. I will be applying in several different categories, as they have the Export Express Loan Program, (AIU Online Web Resources, http://www.sba.gov). At the SBA Web Site they have the Export Express Program, this program can...
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...Establishing a Business in Cambodia March 2010 Contents • Choice of Legal Entity • Registering a PLC • Bank Account & Deposit • Name & Trademark • Tax Considerations • Labor Obligations • Licensing S trong economic growth, low startup costs, and a wealth of untapped markets make Cambodia an attractive environment for starting up a business. Many foreigners arriving with no intention of becoming an entrepreneur, find themselves opening their first business in this exciting marketplace. Whether you are an experienced entrepreneur coming here to start another venture, or are transitioning to self-employment for the first time, properly establishing your company in full compliance with the law is crucial. While many businesses operate informally, many more have been shut down or encounter ongoing problems from the authorities. Spending the time and money to do everything properly is the only way to avoid potentially insurmountable hassles in the future. a single member limited company, with all the advantages of a PLC. The law also allows for public limited companies, though these will only be established once the Cambodian Securities Exchange is opened, sometime this year. Sole Proprietorship A sole proprietorship is owned and operated by a single person who owns all its capital and is entitled to all its profits. Conducting business on your own, without ever formally registering, will be deemed a sole proprietorship. All obligations and liabilities of the proprietorship...
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...exchanged for one another or for money. Every business requires some form of investment and enough customers to whom its output can be sold on a consistent basis in order to make a profit. The purpose of business? The purpose of a business is to offer value (through products and/or services) to customers, who pay for the value with cash or equivalents. The aim of businesses is to make profit and to grow. There are 3 business sectors in the UK, these are Private, Public and Voluntary sectors. Types of businesses in UK? The private sector has different categories which are sole traders, partnerships, companies and franchises. A sole trader is a type of business entity that is owned and run by one individual and in which there is no legal distinction between the owner and the business. Being a sole trader is considered the simplest way to run a business as it does not involve paying any registration fees. You must register as self-employed, keeping records and accounts is straightforward, and you get to keep all the profits. The difference is that you are personally liable for any debts that your business runs up, which can make this a risky option for businesses that need a lot of investment. Examples of sole traders are plumbers, electricians etc. These can even be small web based businesses or home based business. Sources of Advantages *The firms are usually small, and easy to set up. *Generally, only a small amount of capital needs to be invested, which reduces the...
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...financing if needed (Wilmington Trust). Some of the disadvantages of operating under a franchise include a lack of independence and a high initial investment (Wilmington Trust). Another option for Betty would be a sole proprietorship. The advantage of this would be that there would be very few rules and regulations that she would have to abide by in regards to the government (Scott, Demand Media). The disadvantage would be that Betty would have very little liability protection (Scott, Demand Media). The risk of her getting sued and losing her assets is much greater with this type of business structure. Another option for Betty would be to open a partnership. The partnership is great as far as ease and simplicity for filing taxes and other legal documents, however, there is very little liability protection in this type of business entity as well (boundless.com). Betty could operate as a corporation and have protection against her personal assets; however, operating as a corporation requires more complicated paperwork such as articles of incorporation and annual reporting of financial data (boundless.com). Yet another option for Betty would be to operate as a LLC, however, unless she has someone else who is going to be owners with her, she would be taxed as a sole proprietorship (entrepreneur.com). She could also start a joint venture, but it doesn’t sound like she has another party who actually...
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...COMPLAINT AND NOW comes David M. Thompson, , by his counsel, Karreara Jackson of HACC Law firm, and states against Defendants, Stephen Blanca and Gayle Stuart Trucking, as follows: 1. The plaintiff, David M. Thompson, is an individual residing at 9873 Mulberry Lane in the city of Harrisburg, county of Dauphin, Pennsylvania. 2. The plaintiff’s parent and legal guardian is Albert Thompson, individual residing at 9873 mulberry Lane in the city of Harrisburg, Dauphin County of, Pennsylvania. 3. The defendant, Gayle Stuart Trucking hereafter GST, is a corporation organized and existing under the law of the Commonwealth of Pennsylvania, having its principal place of business at 400 Industrial Road, in the city of Harrisburg, Dauphin County of, Pennsylvania. 4....
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...------------------------------------------------- CHAPTER 17-AGENCY LAW TRUE/FALSE 1. Larry decided to relocate to Germany. Larry hired Happy Homes, Inc. to find a buyer and contract for the sale of his house in the U.S. The agency relationship between Larry and Happy Homes must be evidenced with a written agreement. 2. If Denise is hired to work as a cashier, she has the implied authority to do acts reasonably necessary to carry out her job. 3. Erica's supervisor told her to arrange for a conference room at the Kelly Inn. Erica has express authority to contract for the room. 4. An agent must obey all instructions of the principal. 5. Jolene hired Lacy to find a buyer for her house. Adam was interested in buying the house. If both Jolene and Adam agree, Lacy, a real estate agent, may represent both parties. 6. As a general rule, an agent is liable on contracts entered into on behalf of a fully disclosed principal. 7. You cannot be held liable for the actions of your agents if the agents are violating your instructions. 8. If apparent authority is present, the principal is liable for even the unauthorized acts of the agent. 9. The death of an agent automatically terminates an agency relationship. 10. Generally, either party to an agency relationship has the power to terminate it at any time. 11. Rob agrees to act as an agent...
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