...Legal Risk and Opportunity in Employment (New Corp Scenarios) LAW/531 – Business Law University of Phoenix February 23, 2011 Scenario One In this scenario New Corp is liable for wrongful termination. Unfair treatment was being displayed when pat was terminated. There had been no discussion between Pat and New Corp informing him that his job was in jeopardy or that he needed to improve his performance in any areas. Pat signed an agreement when hired for New Corp which stated that if his job performance became an issue he would be reprimanded and put on a corrective action plan to hopefully increase his productivity. There is no precise wrongful termination law but Pat’s situation is considered part of the discrimination law. Since voicing his opinion in a board meeting that was thought to be unpopular Pat feels like he has been discriminated against and treated unfairly by New Corp management. Also the contract that Pat signed has been breached because he never received notice that there was a problem with his performance. Instead he only received notice that he would be discharged which is in violation of the contract signed. New Corp will start working on these legal issues to make sure this situation doesn’t come up again. Scenario Two In the case with Sam New Corp is liable for a sexual harassment. He violated this policy when he became involved with Paul and exhibited unwelcome behaviors, even after she told him to stop. Sexual harassment is violating a law...
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...NewCorp Scenarios Legal Brief In the interest of the company and for the benefit of the employees who are involved in the following legal encounters and those who are not we are making the recommendations of how best to deal with each situation in a manner that will reduce the possibility of going to court or having to seek further legal counsel. It is believed to be the best advice that can be offered based on the information provided in each of these scenarios. Understand these are only recommendations resulting from the limited available information and our best understanding of the applicable case law related to each situation. Legal Encounter 1 Wrongful termination. Pat was hired to manage real property, after 90 days Pat was informed he was to be terminated the only explanation being “things were not working out”. New Corp is an at will employer and Pat signed an acknowledgment of this at the time he was hired. Pat may claim the company is not following the disciplinary action process laid out in the employee manual however this is not a legitimate argument because he is not being terminated because of some disciplinary action. There is a possibility of Pat claiming the termination is the result of his stance on some issue at a school board meeting however he was not pointed out or identified in any way as an employee of New Corp so there is no action that can be linked to his position or statements at the meeting. {OSHA No Basis for Public Policy Exception...
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...review of the legal battles between Apple, a computer company and Apple, a record company, are discussed in this article. Both share a similar logo (an apple) and since 1981, the companies have gone to court to claim the Apple logo should only be unique to one company. In 1991 the Court agreed for each company to continue to use the Apple logo but now, the record company has accused the computer company of not conforming to the terms of the agreement. LEGAL ISSUE The legal issue Apple Corps raised is that Apple Computer is involved in the music business and that in the 1991 agreement Apple Computer agreed to stay away from the sound recording industry, committing trademark infringement. In 2001 Apple computer released the iPod as a hardware device that can be used to download and play software like music from iTunes. iTunes was released in 2003. Apple Corps claims that Apple Computer is involved in the sound recording industry by the use of the iPod and the music downloads from iTunes that is in violation of the 1991 agreement in which Apple Computer would not have any business dealings that had to do with the sound recording industry. The High Court ruled that Apple Computer “hadn't breached the terms of the agreement” (BBC News, 2006) and could continue to operate their computer business as usual. MANAGERIAL PERSPECTIVE Legal issues affect the way business is conducted on an everyday basis, and are always changing, re-creating different scenarios and outcomes...
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...NewCorp legal issues NewCorp does not have an in-house legal counsel and utilizes Team B staff members to serve as associate legal counsel. Primary responsibilities include advising and recommending courses of action to management covering a range of legal encounter scenarios. Team B members analyze each scenario and provide management with associated legal principles, potential liability concerns, and courses of action. During the past week the Team has received three scenarios and management wants a substantive collaborative effort within one week. Scenario One Pat has been working for three months when his boss discharged him with 30 days of severance pay, because of unsatisfied work performance. NewCorp Personnel Manual was provided to Pat upon his acceptance of employment. NewCorp personnel manual provides an outlined process for dealing with unsatisfactory job performance and provides a corrective action plan. Pat never was approached by his boss on any job performance issues (University of Phoenix, 2011). “Any divergent words or nonexistence of other legal clauses may demonstrate that the employer was obligated to have adequate cause prior to an employee's layoff or dismissal” (Employee Issues, 2009). The law has put limitations on employment at will as it is fallen into unpopularity because employees rely on the conjecture that they have an indispensable job safety provided to them through promises, measures, and policies that side with what is written in...
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...Legal Scenarios LAW531 Legal Scenario 1 In this scenario, Pat relocated to Vermont to become a property manager for NewCorp. After working for three months, he was advised that he would be let go with severance pay for 30 days. Pat was never notified of any problem, and the supervisor told him only "that things were not working out". When he was hired, Pat received NewCorp's personnel manual, which outlined the company's process for handling unsatisfactory employees. He also signed a document at that time which stated NewCorp "observed employment at will with respect to discharge". The manual stated that notification of deficiency, and a corrective action plan would be put in place for the employee whose job performance was unsatisfactory. This was so the employee would have a chance to improve his work performance to his employer's satisfaction. Then, only if the employee did not correct his deficiency within a specific time frame would his employment be terminated. Pat has the right, according to the manual, to notification of unsatisfactory work performance, as well as a corrective action plan to rectify same. NewCorp's decision to discharge Pat with no indication of unsatisfactory job performance, nor a corrective action plan in place can be considered wrongful discharge. “Wrongful termination happens when an employee is discharged from employment for illegal reasons or if company policy is violated when the employee is fired” (Doyle 1996, pg.1). Pat...
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...Business Models When stating up a business, there are many different business models that can be chosen. Some of the most popular models are: Sole Proprietorship, Partnership, Limited Liability Partnership, Limited Liability Company, S Corporation, C Corporation and Franchise. When deciding which business model is most appropriate, there are two major elements to consider: taxation and liability. Each of the above business models has advantages and disadvantages in these two areas. This paper will discuss the pros and cons of each business model and provide a scenario that illustrates when a particular model would best be utilized. Sole Proprietorship In simple terms, sole proprietorship refers to a business that is run by a single person. The sole proprietor enjoys all the profits as well as bears all the risks of the business (everymanbusiness, 2011). Pros Being one of the simplest of all business models, a sole proprietorship can be set up with very little effort. There is no special paperwork or extra fees involved in creating a sole proprietorship. In some states it is required to register the business, however, in other states it is not. The owner has the right to make all management decisions concerning the business, including hiring and firing employees (Cheesmen, 2011). Maintaining a sole proprietorship is much simpler than any other business model. Taxes are simplified with sole proprietorship as the business, and individual are considered...
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...Legal Encounter 1 New Corp hired Pat as manager of real property in Vermont; this position is responsible for activities related to maintaining leased office space. Pat supervised 51 employees and lower-level supervisors, and he dealt with tenants who leased commercial space. Pat relocated from another city 300 miles away, moving his wife and children and selling and buying a home. His wife quit her job to seek employment in Vermont. After Pat had been working for three months, his boss explained that things were not working out and that Pat would be discharged with 30 days of severance pay. Pat was surprised because his employer gave no previous indication of any problem. New Corp’s personnel manual, which had been provided to Pat upon his acceptance of employment, outlined the process for dealing with unsatisfactory employees: Notice of Unsatisfactory Performance/Corrective Action Plan If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective action plan. If the employee’s performance does not improve to a satisfactory level in the specified period of time, termination will follow. Pat acknowledged that, upon employment, he signed an understanding that the company observed employment at will with respect to discharge, but believed the provision limited New Corp’s freedom to fire him at will. Pat also stated that New Corp’s senior management was noticeably unfriendly after Pat had been...
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...organization plays a vital role in business functions. Using poor communication or the wrong type of communication channel can have major negative impacts. Good communication skills and the knowledge to identify when to use a particular communication channel is vital in sending and receiving business information. The communication channel scenarios assigned demonstrate the challenges that occur when there is error in communication. The first scenario highlights the risks of not choosing the right communication channel when dealing with important business matters. The scenario also shows what can occur when important conversations take place via e-mail rather than one on one, and how the evidence of the conversations can cause future damage. The second scenario shows how the internet has changed communication and created new challenges for organizations. Both scenarios demonstrate that it is essential to understand the different channels of communication. COMMUNICATION CHANNEL SCENERIOS 3 Communication Channel Scenario 1 In the case incident between Diana Abdala and William Korman, I side with Mr. Korman. I feel that Ms. Abdala handled the situation in a very unprofessional manner. It is my understanding that both parties initially used face to face communication as a channel for information exchange during the interview process, offer, and acceptance....
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...New Corp Legal Scenarios Law/531 New Corp Legal Scenarios Pat moved 300 miles to Vermont to relocate for employment. He moved his family and bought a new house. Pat signed an at will employment form acknowledging the company can terminate his employment at any time. Pat received a copy of a company employee manual that is distributed out to all new employees. In the manual it states that an employee who is not performing up to standards will be notified of the deficiencies to take corrective action. If the action is not corrected the next step taken is termination of employment. Without any notice or warning the company informed Pat that things were not working out, and they were letting him go, and giving him a 30- day severance pay. Pat felt that he was wrongfully terminated because of an unpopular view he had at a school board meeting. After the school board meeting, he noticed that senior management was unfriendly toward him and Pat believed this may be the reason he was let go. Although Pat signed an at will statement acknowledging he can be terminated at any time , the personnel manual also states that an employee will be noticed of any deficiency before termination. Pat can argue that the company wrongfully terminated him by breach of contract. In Title VII of the Civil Rights Act of 1964 employers are expressly prohibited from retaliating against an employee for filing a charge of discrimination...
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...Legal Encounters LaTausha Freeman Law/531 December 10, 2012 Lillian Watson Legal Encounters This paper will answer questions posed during employment legal encounters based on law requirements to indicate liability and ramifications associated based on the scenario. Legal Encounter 1 Cheeseman outlines that employment is subject to the common law of contracts (2010). Pat entered into an agreement with NewCorp for employment; acting on the premise that NewCorp would uphold all terms of the employment agreement, made major personal and financial changes to be available for employment at the assigned duty location. Although Pat signed a document acknowledging his understanding that NewCorp had the freedom to discharge at will—Pats supervisor told Pat he was being discharged because “things weren’t working out”. NewCorp did not follow company procedure to notify Pat of unsatisfactory performance and neglected to offer a Corrective Action Plan. NewCorp, having a signed copy of the discharge at will document, could argue that the company was not required to offer Pat notification or the opportunity to follow the Corrective Action Plan process. An important factor in this instance is the implication that Pat is being released based on unsatisfactory performance. NewCorp is terminating the employment contract without complying with all clauses of the employment contract and as a result Pat is taking a financial loss. Additionally, an employer under the Plant...
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...Small Business Analysis James Dillon ACC/561 March 9, 2015 Tom Myers Small Business Idea My idea for a business is to open a business consulting firm for small business. I want to be able to provide expert insight to business owners on how to run the best and most profitable that they can. This business would start small with a handful of consultants and possibly in the future scale to multiple locations geographically. Sole Proprietorship In a sole proprietorship a company is owned and operated by one person. The only advantage to sole proprietorship is the owner will obtain the profits that the business makes as well as it is not difficult to obtain a sole proprietorship. The main disadvantage to sole proprietorship is the owner’s personal assets are liable for all business encounters. Due to this fact, a sole proprietorship is never the optimal choice for a form of business. DeFrancesco states the following about a sole proprietorship: “If the practice is structured as a professional corporation, S or C corporation, or a limited liability partnership, the assets of the company, rather than the physician’s assets, would be at risk in such cases” (DeFrancesco, 2006). Partnership A partnership is when two or more people bring their assets together and create a business. A couple of advantages of a partnership is that both of the parties are bringing in their time, effort and money to form the business. Also many times in partnership there is one person...
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...Chapter 01 What Is Strategy, and Why Is It Important? Multiple Choice Questions 1. | Keeping in mind Apple's competitive advantage, which of the following products was introduced by Apple in 2007? A. | iPad | B. | iPhone | C. | iPod | D. | iTunes | | 2. | _____ is best described as an integrative management field that combines analysis, formulation, and implementation in the quest for competitive advantage. A. | Supply chain management | B. | Integrated technology management | C. | Strategic management | D. | Inventory management | | 3. | _____ is best described as a set of goal-directed actions a firm takes to gain and sustain superior performance relative to competitors. A. | Behavior modification | B. | Strategy | C. | Credo | D. | Competency management | | 4. | Which of the following stages of the strategic management process involves an evaluation of a firm's external and internal environments? A. | Strategy analysis | B. | Strategy implementation | C. | Strategy formulation | D. | Strategy control | | 5. | In _____, a firm frames a guiding policy to address the competitive challenge. A. | strategy control | B. | strategy implementation | C. | strategy formulation | D. | strategy analysis | | 6. | Through _____, a firm puts its guiding policy into practice by employing a set of coherent actions. A. | strategy control | B. | strategy implementation...
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...Alternative legal structures for value-driven nonprofits Legal structures define how businesses will be held accountable in the court of law. Nonprofits are entirely different structure than pure for profit organizations. As time goes on, more and more private corporations are becoming socially aware and wanting to combine profit with some product or service that simultaneously benefits society. Nonprofit organizations exist as executors of a socially beneficial service or product. This paper will discuss the benefits and disadvantages that both of these structures face. Additionally, this paper will examine benefits of the nonprofit sector’s consideration of newer legal structures as a future platform for business. There are many reasons nonprofits may want to adjust business as usual but, here are just a few: Experts are predicting that with the current economic environment eating away at nonprofit’s primary sources of funding (charitable donations and foundation funding), that as many as 100,000 of the nations roughly one million nonprofit organizations will close their doors in 2009.(REF)” This is the reality for most organizations across the board. The credit market and the capital market turned upside down during the economic crisis in 2008. Foundations are making fewer grants because their endowments portfolios also changed along with the recent recession. Economic turmoil affects for profits and nonprofits differently, but, it makes sense...
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...change in ownership, the owner can change the decisions pertaining to the goal of the company and the gp's will have to make that change in direction for the new owner. Many lenders are hesitant to provide financing to owners of sole proprietorships partially due to fear about their ability to recover the funds should the owner die or become disabled. Lenders who make such loans require borrowers to provide personal guaranties on the loan. Since a sole proprietorship is one owner and if that owner needs access to capital they will be responsible for backing the loan with their personal finances. If an individual has bad debt and decides to file bankruptcy then the business loan will be affected. Banks and other lending institutions are aware that such scenarios occur, and they plan accordingly. Personal Taxes General Partnership Two or more principal owners/managers or entities; who are co-owners/co-managers that share in the profits of the business operation. Yes, All partners are responsible for any debts which the partnership may incur. If debts are not paid, the creditors may seek to recoup their losses by going after the partner’s personal assets. All partners have unlimited management. No, A change in Ownership of a Sole Proprietorship Business does not always have to dissolve the firm. If the new owner(s) are family members and wanted to purchase the business from another family member that would like to carrier on the family business while the other family...
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...Employment-At-Will Doctrine Student: Professor: Sliben Dorothy LEG500: Law, Ethics & Corp. Governance Describe what steps you would take to address the following scenario involving skills, competence, and abilities: see appendix A The steps I would take to address the following scenario involving skills, competence, and abilities are: Arranging/scheduling a separate meeting with the supervisor and the employee. Motivate both the supervisor and employee to be effective members of their team by setting goals and a reward program Plan short and long term goals for the employee Develop professional development training for the employee. Terminate the employee’s employment contract if all the above proposals fail As a manager and supervisor of the organization, it is my duty to make sure that all stakeholders of the organization are being treated fairly. The above situation deals with the employee’s lack of skills, competence and abilities to carry out her duties. This is a major problem for the organization. Obviously the employee is failing to meet her liabilities of the employment contract. However my duties as a manager would be, to manage, coordinate, organize, plan, train etc, etc the activities of the organization. In light of the situation, I would interview both parties to gain an insight of the situation. After obtaining all facts, I would take an appropriate cause of action as stated above. I would recommend to both parties to be professionals in...
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