...Colberia’s low standard of living and economic plight. These people are simply trying to earn a living. At the same time, the executives are living in the lap of luxury. Companies are in business to make a profit, but where do you draw the line? Allen cannot legally fire Donna, Tom or Ayesha. These employees are protected by the public policy exception of the employee-at-will doctrine. Employers should not be allowed to use their economic power over employees in a way that undermines the interests of the community or that is injurious to the public good (p. 165). Employees cannot be fired for fulfilling legal obligations or for exercising their legal rights. Donna has every right to file for worker’s compensation due to her chronic bronchial problems. Her medical problems are probably a result of the mold around the air vents. Tom and Ayesha are exercising their legal rights to file a complaint with Occupational Safety & Health Administration (OSHA) and Equal Employment Opportunity...
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...Corporate Governance and Ethical Responsibility Research Paper Essie Sullivan Dr. Cantrell Legal 500 Law, Ethics & Corporate Governance February 11, 2013 1. Determine at least three (3) different internal and external stakeholders that Dr. DoRight might have to deal with on a daily basis at the hospital. Hospital facilities are definitely significant in the well-being of patients and expertise of its medical staff personnel. However, Dr. DoRight has been hired as the President of the “Universal Human Care Hospital”, where he oversees all departments with over 5000 employees and over 20,000 patients at the medical facility. He has been given an enormous responsibility to ensure to its internal and external stakeholders that all departments function efficiently and patients’ care and health are essentials. Therefore, three internal stakeholders that Dr. DoRight might have to deal with on a daily basis are Board of Trustees (shareholders), Employees, and his Regional Director of Compliance Manager and Executive Committee. Retrieved February 10, 2012 from http://www.allfreepapers.com/Business/Corporate-Governance-Ethical-Responsibility/22558.html. Additionally, three external stakeholders that Dr. DoRight might have to deal with on a daily basis consist of Patients, Numerous Community Organizations--Corporations, Government, and Local Community/Society. Retrieved February 10, 2013 from http://www.chegg.com/homework-help/questions-and-answers/2-compare-cont...
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...EMPLOYMENT AT WILL RONALD BLALOCK STRAYER UNIVERSITY PROFESSOR MARK GLANTZ LEGAL 500 April 22, 2012 Describe what steps you would take to address the following scenario involving skills, competence, and abilities? My method for addressing Jennifer’s shortcoming consists of termination based on the employment at will doctrine. As Halbert and Ingulli (2012) report in Law and Ethics in the Business Environment, employment at will gives employers broad discretion to fire employees for a good reason, a bad reason, or no reason at all. This legal doctrine gives organizations the upper hand when releasing an employee. Also, this law allows employees to resign from a position on their own terms. Jennifer is a recent college graduate hired in our accounting firm. She is having issues with our computer applications which she was trained on after hiring. Management has decided to implement new training courses in support of our employee. Over an extended period of time, she is still unable to perform her required duties which reduces productivity and raises production costs. Our organization has taken many preventive measures to reduce and liabilities that may occur from discharging the employee. Her inability to work at a productive level gives our organization a legitimate reason to dismiss her for lack of production. Unfortunely, she continues to perform poorly which places our management team in a position to take appropriate action to resolve poor performance. According...
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...Assignment 1: Employment-At-Will Doctrine Due Week 3 and worth 200 points 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. * For each category of behavior, describe what steps you would take to address the situation. Write a four to five (4-5) page paper in which you: 1. Describe what steps you would take to address the following scenario involving skills, competence, and abilities: I have been observant of the behavior and work ethic of your new employee Jennifer. She is a recent college graduate and she has been unable to learn basic computer applications that are vital to her everyday job functions. I am aware that you offered Jennifer training opportunities and well as supported her to perform better but that still has not assisted her. The next steps that need to take place in order for Jennifer to be productive are to counsel her on the work assignments she has and advise her that her performance is inadequate. Explain the reasons why her work is inadequate. Specifically state what she is doing and what is unacceptable about the work she is providing. Explain to Jennifer what is expected...
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...Law, Ethics, and Corporate Governance AnnMarie Seidler Dr. Charity Lanier Legal 500 October 30, 2013 As the Chief Operating Officer (COO) of a midsize company that is preparing for an Initial Public Offering (IPO), I discover several personnel problems that require my immediate attention. It is my duty to be familiar with the Employee-at-will Doctrine and any exceptions if any that may apply to the employees and my employer. While preparing to deal with our personnel problems I discover that my company does not have a Whistle Blower Policy in place and I will address this issue with my CEO. As we present our company to the public, we need to consider Corporate Social Responsibility (CSR), and how we impact our employees, our environment, our customers, retailers, wholesalers, (possible shareholders), from the very top to the very bottom. In order to be successful we must consider more than just the bottom line, the dollar. As I address each employee issue, I considered not only state and federal laws but also what if any long-term impacts my decision may have upon the entire company and community at large. The Employee-at-will is a legal doctrine “which gives employers broad discretion to fire employees for a good reason, a bad reason, or no reason at all.” Halbert & Ingulli, (2012).There are three major exceptions to the rule to help prevent wrongful termination but only two of them apply in the state where I reside of WV. The Public-policy exception and Implied-contract...
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...Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property Major Dr. Lynn MacBeth Law and Ethics in the Business Environment September 8, 2013 Ethical issues related to marketing and advertising, intellectual property, and regulation of product safety. “Advertising ministers to the spiritual side of trade…it is a great power…part of the greater work of the regeneration and redemption of mankind” (Halbert, 2012). This is a very powerful statement and is completely true as the only way to get ahead in this world as it pertains to business is to be able to advertise and market one’s products efficiently, effectively, and ethically. One ethical issue related to marketing would be the whole idea of false advertising that is present by companies that market and advertise their products. This is an ethical issue because false advertising is misleading to consumers. Consumers trust certain companies and the products they put into the marketplace. An ethical issue that relates to intellectual property would be one that is present amongst many educational institutions all over the world, which would be plagiarism. Plagiarism is the use of someone else’s work as your own without giving proper allocation and praise to the original author. Copyright infringement would be another ethical issue that deals with the stealing of the original authors of works of art, music, and other original masterpieces. There are two essential...
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...Week 3 Assignment 1: Whistleblowing and Sarbanes-Oxley Shirmere N. Gardner Dr. Susan Gerber LEG 500: Law, Ethics & Corporate Governance January 25, 2015 Abstract This text will examine the key characteristics of a whistleblower, as well as the details surrounding the JPMorgan whistleblowing event. The extent to which whistleblowers are protected under the Sarbanes-Oxley Act (SOX) will also be elaborated. Key Characteristics of a Whistleblower Whistleblowers are individuals who choose to report unethical and illegal activities. Some may work for various organizations such as non-profits and government agencies. Whistleblowing empowers employees to adhere to ethical principles and speak up for things taking place that are unethical, which may affect consumers, citizens or other employees. Such information may be disclosed to company officials, government authorities, and the media. Some of the key characteristics of a whistleblower are that they are altruistically motivated, utilitarian, uninterested in altering their behavior and they allow their own attitudes and beliefs to guide them. Most whistleblowers are often well-educated and hold professional positions (Wines, 2005). JP Morgan Whistleblower According to a Reuters article a JPMorgan whistleblower was compensated $63.9 million in a mortgage fraud deal. “Keith Edwards, a Louisiana resident, had worked for JP Morgan or its predecessors from 2003 to 2008, and had been an...
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...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 employees can reasonably expect privacy in the workplace in places like restrooms, parking lots, lounges and in the kitchen area. But generally speaking it is really difficult these days to have complete privacy. 2- Explain whether the size of the business can have any effect on whether Tony is eligible for family leave under the FMLA. It makes a difference if employee is in an open area or in an enclosed office and courts have so held. See, for example, United States v. Lefkowitz, 464 F.Supp. 227 (C.D.Cal. 1979), aff'd, 618 F.2d 1313 (9th Cir. 1980) “Outside his or her own workspace, a corporate officer or employee has a reasonable expectation of privacy to challenge a search if he or she has a "possessory or proprietary interest" in the area searched and there is a connection between this area and his or her own workspace”. Both open area work spaces and enclosed private offices have their own benefits. Open space allows for better communication and exchange for information among co-workers. It is much easier to ask each other questions in an open environment. While on the other hand 90 percent of the participants reported that privacy is the number one benefit of a closed space environment. Employees feel more secure and reduced noise (O’Neill, 2008). After the introduction...
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...Body Language I can speak to you without saying a word. I can tell you exactly how I feel about you without opening my mouth. This means of communication is called body language. Body language is a large part of our communication today. Some of us are able to read body language very well and there are others who simply can’t hear it unless the words are spoken. There is an art in being able to express one’s self by merely moving the body in one fashion or another, or by contorting the face to unbelievable degrees of difficulty. A very well known singer, Angie Stone, wrote these words in her song, No More Rain: “There’s no hiding place when someone has hurt you, it’s written all over your face and it reads; broken spirit, lost and confused, empty, scared, used and abused, a fool. Oh, ain’t it funny that the way you feel shows on your face. And the smile you wear seems a little bit out of place.” Many artists have expressed in their songs the ability to show your feelings by body language or facial expression. Emotions can be summed up in body language, facial expression or attitude and can be heard or read by the viewer. There are many different styles of body language: aggressive - showing physical threat; defensive - protecting self from attack; dominant - dominating others; relaxed – comfortable and unstressed; romantic – showing attraction to others; submissive – showing you are prepared to submit. These are just a few styles of body language that are very easy...
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..."Ethics, Corporate Governance, and Corporate Social Responsibility (CSR) " Please respond to the following: From the e-Activity, determine the ethical theory or theories (from Chapter 1 of the textbook) that best support(s) the B-corp concept. Support your response. B Corp firms must have an explicit social or environmental mission and a legally binding fiduciary responsibility to take into account the interests of workers, the community and the environment as well as its shareholders. I think that best theory to support this concept would be the virtue of ethics. It states that humans are capable of being and can cultivate habits of good character that will naturally lead to their full potential (Ethics Moral, 2010). References: Ethics Moral (2010). Virtue Ethics. http://www.ethicsmorals.com/ethicsvirtue.html Halbert, T., & Ingulli, E. (2012). Law and Ethics in the Business Environment. Cengage Learning Evaluate the likelihood of traditional corporations using social responsibility as an effective competitive strategy. Specify at least one (1) way that a company with which you are familiar can use (or has used) social responsibility as a competitive strategy in the marketing of its products / services, supply chain, charitable activities, strategic investments, or operations. Heightened corporate attention to CSR has not been entirely voluntary. Many companies awoke to it only after being surprised by public responses to issues they had not previously thought...
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...Employment-At-Will Doctrine July 29, 2012 Legal 500 As a manager and supervisor of an accounting firm, the following scenarios regarding At-Will employment would be handled accordingly. In the examples given, Jennifer was a recent graduate from college. However, she doesn’t have the applicable work skills necessary to complete the job in many areas. According to the Employment-At-Will Doctrine, employers are able to “dismiss their employees at will for good cause, for no cause, or even for cause morally wrong” (Halbert). For the skills, competence, and abilities section, I suggest making Jennifer retake the course. For example, Jennifer stated that she is a good worker and a genius. She also stated that the boss was not appreciating her. However, after training, she failed to complete the required tasks. In this situation, I suggest that the supervisor conduct a progress report while reviewing the guidelines and job description with Jennifer. After a few months, the initial job assessment should be completed. If the assessment proves that Jennifer is still unable to accomplish tasks by the next employee review session after 6 months of employment, it will then be sufficient evidence to remove her from the position using Employment At-Will Doctrine guidelines. Unfortunately, an employee that does not adhere to the guidelines can and will be terminated. In addition, Jennifer’s arrogant statements are a reflection of how she feels...
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...follow laws and guidelines in the following ways: Human Resources professionals should make sure top organizational leaders and management are aware of major laws such as the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Equal Pay Act and the Family and Medical Leave Act. HR should also encourage these organizational leaders to better understand the legal and safety issues associated with the company. In addition, technology plays a major role in Human resources. There are legal issues associated with email usage as well as internet use and organizational leaders need to be aware of these issues. The Occupational Safety and Health Administration (OSHA) requires employees to keep records of safety practices and incidents. Companies must have records of the information they provide to teach employees of possible health concern and dangers present in the work place. The HR professional should ensure that sexual harassment guidelines, laws and prevention methods are presented and understood by the organizational leaders. The Xerox Company is on the Fortune 500 global document management company that was founded in 1906. It launched an aggressive turnaround plan that returned the company to full-year profitability, along with decreasing debt, increasing cash, and continuing to invest in research and development. It is a company known for increasing profits, however it is also a company also well known for its’ hiring practices. Xerox’s hiring...
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...Standards and expectations for leaders in many organizations are different for women than men. Why does it seem so difficult for women to advance to high-level leadership positions and have the same opportunities as men? Why is it so uncommon for a woman to be CEO? Are women compensated equally for doing the same job as their male counterparts? If a woman is older than 40 does she have as many opportunities as men the same age? Is there still gender discrimination occurring in the workplace? These are all questions to ponder, even now in the year 2011. There is much information available on women leaders and the impact they are having on the top ‘Fortune’ 1000 companies. The information is varied and there are some mixed messages about whether women are treated equal to their male counterparts and making progress. It does seem that diversity in the workplace is becoming more the norm and creating a shift to allow women more opportunities to develop their leadership skills and to compete for higher-level positions. Historically male dominated industries such as Engineering and Information Technology seem to be seeing more women managers. I believe that corporations that have diversity have more innovation and are more efficient as a result, so they should be more profitable. One of the top leading non-profit organizations is Catalyst, it was established in 1962 by Felice Schwartz to promote diversity and inclusion for women in the workplace (Wikipedia). According to the...
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...Chevron, Bright Prospect or Investment Peril? Business Analysis I Bridgette Kahana’oi University of Phoenix Management MGT 521 Christopher Romano June 21, 2012 Abstract Chevron is a fortune 500 corporation, ranked #10 out of 500 companies by CNN Money. Its target group is people who use petrol diesel for vehicles and other uses. Chevron has a wide range of stakeholders from internal shareholders and employees, to external ones like governments, airline companies, shipping companies and of course their customers. Using parts of a SWOT analysis it will be determined whether this company is a wise one to invest in or not. Chevron, Bright Prospect or Investment Peril? The Chevron Company, a fortune 500 company, ranked #10 out of the 500 companies listed by Fortune Magazine and CNN Money. “One of America’s 5 largest businesses and one of the six ‘super major’ cooperation’s of the world” as quoted from CNN Money. Chevron is forging ahead with a strong global market presence as one of the leaders in providing fossil fuel to the entire human race. SWOT Opportunities and Threats Chevron recently bought the company, Atlas Energy. It seems that its hopes are to merge and exploit Atlas’s influences to obtain and control the fuel in the North Eastern United States. They have refineries all over the world, from Canada and The United States to as far as Thailand and the UK. They have opportunities according to the SWOT analysis to increase revenue from raising fuel and oil...
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...will assume responsibility for all workers and aspects of the workers. They will pay, manage, and care for the workers Walmart will only have a relationship with Kelly Services, so if something happens then Walmart is not responsible. • Desire: We want to prove to Walmart that we are their long term solution to their temporary employment needs. We want to prove to them that this is a viable alternative to operational tempo fluxes and that we can fill that need. • Action: Kelly Services will impress Walmart and will prove to Walmart that we are all you need for temporary staffing and all things associated with such. Maintain legal and ethical standards, demonstrate your awareness by writing a tailored message for your business. • Kelly Services provides employment to 560,000 employees annually. • Kelly Services is currently ranked 441 in the Fortune 500 list of America’s largest companies • Kelly Services has been recognized for its quality processes, management practices, supplier diversity, and community involvement with the awarding of Intel Corporation’s Certified Supplier Quality Award, Johnson & Johnson’s Supplier Diversity Partnership Award, Sara Lee Corporation’s Outstanding Service and Support Award, American Red Cross/Southeast Michigan Corporate Citizen Award, Michigan Minority Business Development Council’s “Corporation of the Year”, Fortune Magazine’s “Most Admired Companies” list, and Workforce Magazine’s “80 People, Events & Trends that Shaped HR”...
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