Select ONE of the scenarios below and explain the best solution. Include comments related to ethical issues that may arise. Scenario 1 Standard preprinted forms are frequently used by merchants to negotiate sales contracts. These standard forms usually contain terms that favor the drafter. An offerer (seller) who sends a
Read the case below and answer the questions that follow: As the young, newly appointed Senior Manager of a chemical plant, James learns that a team of internal auditors from his firm's home office will conduct an audit on his factory in two days. He prepares his staff as best he can. The day before the auditors arrive, five
Case Study 2 Ralphael and Mitch have general commitments from several people to invest in their exotic animal park. Mitch wants to form a limited partnership, but realizes that every limited partnership must have at least one general partner who manages the business and is subject to unlimited liability for the business and i
Relate your professional or personal experience in the business world as an employee or employer and an ethical issue you confronted that falls within the realm of employment law. For example, a student could write about his or her experience working long hours as a minor in violation of federal wage and hour laws. If you hav
Henry Ford's strict labor practices that caused such high turnover. Workers were not allowed to talk on the production line, for example, and he employed detectives to spy. Answer the following questions: a. What limits should be placed on a company's right to monitor and control its employees form an ethical perspective?
Professional Sports Lockout Select a labor lockout that has occurred in professional sports such as the NFL, NHL, or NBA. There were monetary issues as well as non-monetary issues that affected the lockout. Search for references and describe the key issues that led to the lockout. Be sure to describe issues from both the owne
A number of employers will utilize restrictive covenants such as having employees sign confidentiality, non-competition and non-solicitation agreements upon hire. When the employee leaves, the employer will enforce the agreement against the employee. Let us assume an employer had an employee sign a non-competition agreement that
A Fortune 500 employer wishes to lay off 25% of its workforce due to rapidly declining sales. The employees vary in age and length of service, with half of the employees being above the age of 40 and half being below the age of 40. Also, half of the employees have been with the employer in excess of 10 years. What legal consider
What are some feasible alternatives to downsizing? If downsizing must occur, what criteria should be used to select those individuals who will be downsized? Would your response differ depending on whether the employer was unionized or nonunionized?
Review clippings, McDonald's strip search incident, imagine a scenario that is not quite as egregious as the one referenced. Instead, imagine that a female assistant manager performed the same cavity search of the 18-year-old female employee because she thought the employee had stolen some money from the register. Answer the legal questions regarding this scenario.
Review Clippings, McDonald's strip search incident, imagine a scenario that is not quite as egregious as the one referenced. Instead, imagine that a female assistant manager performed the same cavity search of the 18-year-old female employee because she thought the employee had stolen some money from the register. The assistant
Davis Hosiery Mills has each new employee sign an acknowledging receipt of the company's handbook. In small print, it states the employment relationship as "at-will". An employee sues for wrongful termination.
What is the NLRB? What is its relationship to the NLRA? Lastly, what are the elements that an employee must meet to prove discrimination under the NLRA, and what must an employer show to defend against such a claim? References in APA please.
Should card-check procedures be allowed to determine employees' desire for union representation or only formal representation elections? What result does it favor? What is the main objection to its use? How can that objection be moderated?
Imagine a simulated scenario in which you will make a presentation to your HR Department in preparation for a move by the employees to introduce collective bargaining into your company. Without taking a pro or con position, prepare an objective "brief sheet" summarizing background information about two of the following four orga
Could you please answer these three questions? First question : Under the UCC merchants are held to a higher standard than nonmerchants. Why does the Code do this? Is it fair to require a higher standard of merchants than of nonmerchants? Should additional protections be given to nonmerchants under the Code? Second q
Read the Battoni v. IBEW Local Union No. 102 Employee Pension Plan case and answer the following: 1. What were the legal issues in this case? What did the court decide? 2. Since the anti-cutback provisions of ERISA apply only to pensions and not welfare plans, what did changing the conditions under which retiree health care be
Read the following cases: IBP v. Alvarez (http://caselaw.findlaw.com/us-9th-circuit/1335503.html) and Tum v. Barbar Foods (http://caselaw.findlaw.com/us-1st-circuit/1158592.html). These cases were litigated all the way to the Supreme Court. What, if any, practical impact might these ruling have on businesses? Why do you think th
Suppose that you are an employer with 110 employees and a group health plan. How would the Patient Protection and Affordable Care Act affect your company? Is it worth your while to avoid making changes that affect the grandfathering status of your plan?
I have never written a memo before. If I can just get help getting it started. Thank you so much. Assume that the higher on the chart the case is the more expensive it is for all parties. Write a memo on a state (not federal) level business dispute. Describe as if you were writing a "white paper" for your boss who wants to k
1- Describe and analyze employment a labor law influences as the (fictional) Construction Company grows domestically and internationally. Used for information as we develop the company. 2- Describe and analyze essential economic and legal factors for the company's horizontal construction.
Health care professionals practice in an environment that is complex, with many regulations, laws, and standards of practice. Performing an abortion is legal but may not be considered ethical by other health care professionals or members of the public at large. Other ethical dilemmas arise at the end of life, when a decision mus
By researching the results of SOX compliance surveys, assess the financial impact that SOX might have on your company if it decides to go public. Considering the impact of SOX compliance, take a position as to whether your company can overcome the challenges posed by SOX compliance if the decision is to go public. Based on your
Please leave a comment on these two paragraphs below : I believe the main reason you cannot make specific performance the main remedy is because the law cannot force someone to perform for another. This borders on and resembles involuntary servitude and can be seen as infringing on someone's personal liberties. We all have
Should an employer be allowed to terminate an employee for working during her lunch break even though the employer mandated that she take a lunch break? If yes, do you think the employer had just cause to terminate her? Google the story on Sharon Smiley and Equity Lifestyle Properties in Chicago, IL to find a plethora of informa
Calvin was working as a mechanic to repair some processing equipment at the United Megaworks Company. He fell off a ladder, broke his arm and was knocked unconscious. Following medical treatment, he returned to the company which transferred him to an inspector position due to his broken arm. Does United need to make a report to
When a company decides to go public, it can typically obtain capital by issuing stocks or bonds. Suggest four (4) leading financial ratios that will be evaluated and how each will impact the company's decision to obtain expansion funds. Determine whether the results of the ratios would alter the decision to go public.
Hines stored her furniture, including a grand piano,in Arnett's warehouse. Needing more space, Arnett stored Hines's piano in Butler's warehouse next door. As a result of a fire, which occurred without any fault of Arnett or Butler, both warehouses and their contents were destroyed. Is Arnett liable to Hines for the value of
1. Outline three (3) ways in which your medium-sized private company may benefit from going public, providing a rationale for each. 2. Create an argument that the same goals may be achieved if the company remains a privately held entity. Provide support for your argument.
I decided to create a business. I'm in need of some advice on how to start forming my business. I have a well-developed plan but I am not sure exactly how it will be financed and whether or not I want to take on partners. I am interested and willing to learn the intricacies of my options to determine how to best proceed with my
I. Both Australia and Singapore are common law countries. Singatron and Semicontronics conclude their first round of negotiations with a Letter of Intent (LOI). If the deal falls through, will either party be bound to their commitments as detailed in the LOI? What can the parties do to limit the obligations to the terms of the L