...1 Assignment #3-Employer’s Duty of Care Andrea Williams-Weston Strayer University LEG500-Business Law, Ethics & Legal Governance Dr. Boneita Campbell, Professor May 15, 2011 2 1. Explain whether Jake’s actions are in or out of “his scope of employment.” “Scope of employment is defined as actions of an employee which further the business of the employer and are not personal business, which becomes the test as to whether an employer is liable for damages due to such actions under the doctrine of respondent superior (make the master answer),” (LAW.COM, 2011). In this video, Jake is the service manager of the Rally Management Team. The company currently is advertising a special for free oil change. Jake is providing his customers with a basic inspection as well as the free oil change. Herman (employer) does not require Jake (employee) to do these inspections; however, Jake is a certified mechanic and must provide a duty of loyalty and care to his customers and to the business. In addition, once Jake has inspected these cars, he may find issues that may bring revenue to the business. 2. Explain whether or not Herman is responsible for Jake’s injury. Yes, Herman is responsible for Jake’s injury. “With the adoption of the Occupational Safety...
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...Running head: ELETRONIC SURVEILLANCE OF EMPLOYEES Electronic Surveillance of Employees Lorrie Bass Strayer University Assignment # 1 Submitted in Partial Fulfillment Of the Requirements for the Course LEG500: Law and Ethics in the Corporate Lateefah Muhammad Fall 2011 Contents Lorrie Bass 3 Date: January 12, 2012 3 Abstract 4 Discussion 1 Explain where an employee can reasonably exspect to have privacy in the work place…………..4 Answer 5 Discussion 2……………………………………………………………………………………………………………..5 In the office there is typically two types of workspaces, an open area, in which there are several desks and he conversations can be overheard, or an enclosed office, in which-when the door is closed-conversations cannot be heard and where one would exspect virtually total privacy. Explain whether it makes a difference if an employee ia an open area or in an enclosed office. 5 Answer 5 Discussion 3 6 Explain if Herman’s need to know whether his sales person are honest is a sufficient ground for utilizing electronic surveillance 6 Answer 6 Discussion 4 7 Explian to what extent an emlpoyer can engage in electronic surveillance of an employee 7 Answer 7 Discussion 5……………………………………………………………………………………………………………..8 Explain to what the inclusion innocent, unaware third parties in such surveillance determine whether it is legal……………………………………………………………………………………8 Answer……………………………………………………………………………………………………………………9 ...
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...Assignment 2: Employment at Will Doctrine LEG500 Legal, Ethics and Corporate Governance August 3, 2014 Referring to the Employment-At-Will doctrine, which states that both employer and employee can terminate their relationship as employee and employer for good cause, for no cause, for cause morally wrong or for no cause at all, some of these employees seems to have crossed the line that gives all the possible reason for the company to fire them (Halbert & Inguilli, 2012, pg 46). Considering that the company operates, as any at will employer it can be assessed that it has the full authority to terminate most of these employees since they have committed a breach of contract with their actions. However, even though the doctrine gives the absolute right for both stakeholders to terminate their contract for a cause or for no cause at all, there are still some limitations to the law that companies need to consider before firing an employee if they wish to minimize their liabilities and litigation costs. If there's no contract covering termination, you're free to fire an employee at any time, for any reason or for no reason at all. That law still applies today, but the "at-will" rule is subject to many limitations. For example, despite the "at-will" rule, a fired employee may claim one or more of the following grounds in a wrongful-discharge case (Steingold, 1997, para 4)). In light of this I will try to assess the actions of these employees one by one to determine the appropriate...
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...Strayer University-LEG500 | Assignment 1 | Employment-at-Will Doctrine | Question 1 Since the employer has completed the required training classes and the employee is still unable to complete their duties then the only option the employer would have would be to terminate the employee. Based on the employment-at-will doctrine the employer has the right to terminate the employee at any time. Since the employee cannot perform the duties she was initially hired for then the employer has the legal right to find a qualified replacement. The employer could prove that she was unable to complete her required duties even after months of being trained therefore the employer would have legal rights in terminating the employee. The employee would not have much of a case if for whatever reason they decided to sue the employer. The employer did everything in their power to train and help the employee but in the end they weren’t qualified for the position. If the position required specific skills the employer should have been more specific and selective when choosing an employee. They should have made sure they had all the skills or at least most of the skills needed to complete the required daily duties. The small amount of skills they didn’t have could have been acquired within a short amount of time with necessary training. This case doesn’t fall into any of the exceptions when it comes to employment-at-will. The employer hired an employee and they were unable to complete...
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...Law, Ethics, and Corporate Governance Professor Nekia S. Hackworth, Esq. Assignment 1: Employment-At-Will Doctrine Strayer University: LEG500 October 31, 2012 Employment-at-will is a legal rule that developed in the nineteenth century; giving employers unfetter power to “dismiss their employee at will for good cause, for no cause, or even for cause morally wrong, without being thereby guilty of a legal wrong (Halbert & Ingulli, 2012, p. 49). The most common protected categories are those that protect an employee's civil rights based on age, race, sex, religion, national origin, color, disability including the Americans with Disability Act (ADA), or pregnancy. An employer is also prohibited from discharging an employee for whistle blowing, or because the employee has filed a claim for workers' compensation. Acts that run counter to public policy, such as sexual harassment, are also exceptions to the employment at-will doctrine. Finally, an employer may not terminate an employee where an implied employment contract exists (Sarbanes-Oxley Act of 2002, 2006). 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her.” Even after a few months of training and support, she is unable...
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...Assignment 1: Employment-At-Will Doctrine By: LEG500 – Law, Ethics & Corporate Governance Professor: January 28, 2013 Jennifer, a recent graduate, is unable to learn the computer applications that are basic to her job functions although she has undergone training for several months. When management tries to address the issue Jennifer feels devalued. In an effort to get Jennifer up to speed management should start by reviewing their training process as well as their approach to speaking with Jennifer regarding her inefficient use of the system. According to an article in the International Journal of Business and Management, “Training is a process which is planned to facilitate learning so that people can become more effective in carrying out aspects of their work.” (Canadian Center of Science and Education, 2012). Management should have a well organized training process which identifies training needs, generates training plan, implements and records training material, and evaluates training progress. Management should be assertive and follow the steps listed in; “the systematic training cycle” to ensure proper training is tailored to Jennifer’s individual learning needs (Canadian Center of Science and Education, 2012). 1. Identify training needs. Management should have a checklist that identifies minimum job requirements. The checklist should include the efficient use of the computer applications that are basic to the job function. Jennifer and management should...
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.... Assignment 1: Employment-At-Will Doctrine Dayene L. Candeia Severiano LEG500– Law, Ethics & Corp. Governance 04/28/2013 Dr. Charles Fleming As a manager and supervisor of an accounting department, discuss the following issues related to the employment-at-will doctrine and liability of an employer based on actions and responses to the employee’s behavior and actions. Jennifer, a recent graduate, has recently been hired by your accounting firm out of college. Upon being hired, she engages in a number of different behaviors that need your attention. 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: * The employee seems to be unable to learn the computer applications that are basic to her job responsibilities, but, consistently “tells” her boss that she is “a good worker and a genius” and that he does not “appreciate her”. Even after a few months of training and support, she is unable to use the computer tools to be productive and efficient in completing the required tasks. The employee was hired for the specific position which requires the use of the computer applications to complete the required tasks. However, there is obviously a mismatch between her skills and the required work for that position. The computer applications are basic to her job which means that if she really was “a good worker and a genius” she would be able to learn quickly and apply that knowledge and those...
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...Assignment 2, Family Related Issues Instructor Theresa Dike Law, Ethics, and Corporate Governance – LEG500 May 1, 2011 1. Explain if it matters that a parent literally had nothing to do with a biological child in order for the child to take advantage of the Family and Medical Leave Act (FMLA) to care for that parent. The way that the Family and Medical Leave Act (FMLA) is written, it does not specify whether or not a biological parent participated in the upbringing of the child or not. The definition of a parent is broad for the purpose of FMLA use. A parent is defined as a biological parent, adoptive parent, step parent, foster parent or an individual who assumed duties as your parent. An individual that assumes duties as your parent is called “loco parentis”. If an employee is trying to take leave for his or her loco parentis they may be required to provide documentation of the relationship. In this case Tony has asked to take leave to move his father from the nursing home to his apartment. According to FMLA the parent must be qualified as having a “serious illness” In my opinion moving his parent of the nursing home isn’t a qualifying event according to FMLA standards. Regardless, the answer to the question is, no it doesn’t matter if the biological parent had anything to do with the biological child for the child to take advantage of FMLA. 2. Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the...
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...Assignment #1 – Electronic Surveillance of EmployeesStrayer University LEG500 – Law, Ethics, and Corporate Governance Assignment #1 – Electronic Surveillance of EmployeesExplain Where an Employee Can Reasonably Expect to Have Privacy in the WorkplaceAlthough the law on employee privacy rights is still developing, various federal and state laws limit and define what employers can do when monitoring their employees (Dillon, Hamilton, Thomas, & Usry, 2008). Under federal and most state law, there are areas where an employee has a “reasonable expectation of privacy” in the workplace. Generally, privacy in the workplace can reasonably be expected in the following three general areas.First, the area of where employees can reasonably expect to have privacy from their co-workers is in their private workplace areas. Courts generally recognize a reasonable expectation of privacy as to an employee’s exclusive private office, desk, and file cabinets containing personal matters not shared with other workers (Wilson, 2006). Second, in highly private areas such as restrooms, break lounges, locker rooms, and places designated for health or personal comfort, courts have generally recognized employees’ reasonable expectations of privacy. The main reason is that activities carried out in these places are things that are not normally done in public. They are private acts, and the employee has a reasonable expectation of privacy during these activities. Finally, different kind of privacy...
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...Assignment 1: Employment-At-Will Doctrine LEG500 – Law, Ethics, and Corporate Governance Employment-At-Will Employment at will was installed in United States labor law during the Industrial Revolution in the late 1800’s. Initially without modifications, employment at will meant that a worker who labored for an unspecified time labored at the wishes of the owner. However, lacking a clause in an agreement, either participant may possibly end the employment without a motive. At first sight, employment at will seemed to be an impartial policy that gave the owner and the worker a way out of an unwanted working relationship. Nevertheless, the policy actually worked to the advantage of the owner, the person who typically has the upper hand in the relationship (Zachary, 2012, p. 21). This does not insinuate that managers can randomly terminate workers with no good faith consultation, equality, and unbiased procedures. Managers have to express an honest attempt to rectify the worker’s performance or the additional problems that led to firing the employer. “Because we have at will employment” it shall not be exercised as grounds to terminate a worker (Heathfield, n.d.). As the manager, I must analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action in regards to the following scenarios: 1. John posted a rant on his Facebook page in which he criticized the company’s most important customer. John can legally...
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...Coretta Brown Assignment 4: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property LEG500 August 25, 2014 Write an eight to ten (8-10) page paper in which you: http://www.insidebusiness360.com/index.php/ethical-issues-faced-by-marketers-18696/ Legal and ethical situations have been a topic in the business world since day one. Legal and ethical can sometimes be confusing in the work place if there are not rule and regulation to abide by in the organization. Legal is an act according to law, not in violation of law or anything related to the law. Ethical involving questions of right and wrong behavior relating to ethics and following accepted rules of behavior that are morally right and good. 1. Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety and examine whether PharmaCARE violated any of the issues in question. Marketing is the total of activities involved in the transfer of goods from the producer or seller to the consumer or buyer. Advertising is the act or practice of calling public attention to one's product, service, need, etc., especially by paid announcements in newspapers and magazines, over radio or television, and on billboards. According to Mathenge,“Over the years, advertising and marketing communication messages have created a lot of debatable ethical issues, due to the public belief , that advertisements...
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...LEG500 Assignment 3 - Ethics and Corporate Responsibility in the Workplace and the World Introduction It is the responsibility of companies today to promote responsible business practices at every level of the company. Business should be conducted ethically and honestly. Companies should also foster environments that promote ethical conduct and comply with all requirements of the law that they fall under. This paper will examine the ethical practices of Pharmacies. Stakeholders will be identified, and several scenarios will be evaluated and critiqued. Who are the stakeholders of the Pharmacies co? What are their key characteristics? The stakeholders in this scenario include Pharmacies, a successful pharmaceutical company, Comp CARE, a subsidiary of Pharmacies, Well co, a large drugstore chain, the employees of the various companies, the African nation of Colberia and the Colberians. All of these stakeholders have a stake in the outcome. Stakeholders include people living with disease or illness, scientific and clinical experts representing Better Pharmacare Coalition member organizations. ” BC Pharmacies, together with these and other stakeholders as required, should define the process of decision-making from beginning to end” (http://www.betterpharmacare.org/about-corevalues.cfm). Pharmacies stakeholders include patients and patient groups, community and hospital pharmacists, physicians, the College of Pharmacists of B.C., the College of Physicians and Surgeons of B...
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...Free eChapters (FALL 2012) eChapters offer students immediate access to the first few chapters of their textbooks while they are waiting for the print book to arrive. eChapters help students to keep up with required reading and assignments until they receive their course material, without having to pay expedited shipping costs. eChapters that are available from the publisher are attainable free of charge. How do students gain access to free eChapters? Not all courses or textbooks have eChapters available. For all courses where eChapters are available, the files are located in the student’s Blackboard course shell under the Student Center. Below is a list of courses with eChapters loaded into the course shells, giving students free access as of the first day of classes. * = eChapters are forthcoming Course ID ACC100 ACC206 ACC303 ACC304 ACC305 ACC306 Text Title Accounting Principles – 9th edition Accounting Principles – 9th edition Intermediate Accounting 14e Intermediate Accounting 14e Intermediate Accounting 14e Microcomputer Applications for Accounting Excel 2010 Microsoft® Excel 2010: A Case Approach, Complete, 1st Edition, copyright 2011 SOUTH WESTERN FEDERAL TAXATION 2012: COMPREHENSIVE, 36th ed. South-Western Federal Taxation 2013: Corporations, Partnerships, Estates and Trusts, 36th Edition Cost Accounting 13th 09 ed. Advanced Accounting 4th 10th ed. Auditing & Assurance Services 13th 10 ed. Core Concepts of Government and Not for Profit Accounting 2nd ed., 2011 ed ACC...
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