Discuss and cite the resources. If you use your textbook, cite it too. Provide examples for each and one case lawsuit example of violations of the employer-employee relationship.

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Week 10 Discussion

Chapter 30: Ethics in the business settings (Page 515).

Foster opened a fast-food in a one-story shopping plaza owned by Green. He signed a simple lease prepared by Green and moved in after spending a large sum of money on construction. One month after Foster opened for business. Green rented a store to a competitor of Foster, 60 feet from Foster’s restaurant.

Answer the questions below and discuss this case in an essay format.

1- Assuming what Green was legal, was it ethical?

2- Why should not a landlord be able to rent space to whomever the landlord wishes?

3- If Green did not recommend to Foster that Foster seek the advice of a lawyer before signing the lease, was that unethical?

4- If Foster is at fault because he failed to either thoroughly read the lease and secure the advice of a lawyer, is there anything unethical about what Green did?

Instructions

  • Discuss and cite the resources. If you use your textbook, cite it too.
  • Provide examples for each and one case lawsuit example of violations of the employer-employee relationship.
  • Provide one external source and cite it in your writing following the APA 7th edition style.
  • Cite all sources, including YouTube videos.
  • Use the internet to visit news websites, a government website, etc., to find cases, examples, etc.
  • The initial post should contain 250-300 words, and the reply should contain 100-150 words.

Note: Grading will be based on the quality and logic of the discussion and not necessarily on the word count. Ensure that all references follow the APA 7th edition guide (Please provide at least one external source= 2 points.)

Determine which positions in your current organization or a previous organization are exempt and which are nonexempt.

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Wage and Benefit Regulations

Course Project

Instructions
The purpose of this module is to help you develop the skills to anticipate and avoid potential pitfalls surrounding wage and benefit laws that affect your organization. This project provides the opportunity to demonstrate these skills. To complete this project, you will draw on your experience in a current or previous workplace. You may also research a company of interest to you.

  • In Part One, you will determine which positions in your current organization or a previous organization are exempt and which are nonexempt.
  • In Part Two, you will apply the leave regulations described in this module to the large and small organizations with which you interact in your community, business, or workplace.
  • In Part Three, you will assess the retirement and medical insurance benefits at both a large organization and a small organization.

Except as indicated, use this document to record all your project work and responses to any questions. At a minimum, you will need to turn in a digital copy of this document to your facilitator as part of your project completion. You may also have additional supporting documents that you will need to submit. Your facilitator will provide feedback to help you work through your findings.

Note: Though your work will only be seen by those grading the course and will not be used or shared outside the course, you should take care to obscure any information you feel might be of a sensitive or confidential nature.

Identify one government regulation in the State of Florida that affects competition with other businesses. For instance can you charge less for a television to get someone into your store, even if you no longer carry the television that you were advertising?

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What current Government Regulations of Competition

Affect Business Ethics.

Identify one government regulation in the State of Florida that affects competition with other businesses. For instance can you charge less for a television to get someone into your store, even if you no longer carry the television that you were advertising?

Who has or should have primary responsibility for managing fake news and its consequences (i.e., social media companies, advertising companies, business, everyday citizens, government authorities, or others)? Why?

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Discussion Post

When we hear the phrase “fake news” we often think of politicians and the media. However, businesses also perpetuate fake news, often unwittingly. LeanSpa, an Internet retail business that sold purported weight loss products under various brand names, hired LeadClick to provide online advertising through its affiliate network. Toward that end, certain LeadClick affiliates used fake news sites to market LeanSpa products. These fake news sites looked like genuine news sites in that they had logos styled to look like news sites, and they included pictures of supposed reporters next to their articles. The articles generally represented that a reporter had performed independent tests that demonstrated the efficacy of the weight loss products. The websites also frequently included a Consumer Comment section, where purported consumers praised the products. There were no consumers commenting, however, since this content was invented. See this module’s assigned textbook reading for a synopsis of the LeadClick case.

Based on this case, the module resources, and your own experience, answer these questions:
• Who has or should have primary responsibility for managing fake news and its consequences (i.e., social media companies, advertising companies, business, everyday citizens, government authorities, or others)? Why?

• Is it unethical for a company to allow its ads to run on a controversial website—such as one that is promoting untested scientific data or one that includes what is commonly accepted as hate speech—even if doing so generates significant revenue for the company? Explain your position.

What is the likely outcome of Eastlake v. Rocknoll? Why? What are the likely damages? What is the likely outcome of Rocknoll v. Bell? Why? What are the likely damages?

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Fact Pattern

Brian Rocknoll owns a small outdoor supply store in Bloomington, Indiana. He is also an avid funk music fan. His store is called “Tent-It-And-Quit-It”, or TIAQI (tee-ah-qui) as the locals call it. He just placed a rather large order of several thousand custom tents, camp chairs, and blankets from a wholesaler called Eastlake Outdoors. Each item will have his logo and slogan, “Papa’s Got a Brand New Tent”. To place the order, he sent in a physical order form, through USPS. The form was postmarked 2/25/2022. Satisfied that he had done a good week’s work, he closed up the shop and headed home for the weekend.

Over the weekend, he worked on his side hustle as a black-market luthier. Bloomington is home to one of the largest music schools in the country, so there are a lot of instruments that need to be fixed, but the “Cello Guild” tries to keep independent artisans out of the picture. Brian repairs instruments in his shop after hours, and attempts to keep it secret from the Cello Guild, which requires a license to fix instruments. On Saturday, he gets a call from Joshua Bell, who needs his violin repaired ASAP, but he has been black balled by the Cello Guild. He offers Brian $100,000 to fix it on Sunday. They do not write a contract, given the clandestine nature of the work, but Brian does record the phone conversation. He repairs the violin as requested on Sunday.

On Monday, Brian realizes that he mistakenly added a zero to his order with Eastlake, and he clearly did not need thousands of tents, but rather hundreds. The order as he sent it in would bankrupt his business. He writes up a letter and mails it to Eastlake on Tuesday (3/1/2022). On Monday, Eastlake received Brian’s initial order and began manufacture on the custom order. They did not receive Brian’s modification to the order until Thursday, and had already manufactured half of the requested tents.

Two weeks later, Brian calls Joshua Bell, but is unable to reach him, since he used a burner phone to arrange the details of the violin repair. Brian has still not been paid for his work on Joshua’s violin. Brian works with his local attorney (Ken Nunn) to file a claim against Joshua, including both compensatory damages, as well as punitive damages in excess of $1M. He claims that because he did not get paid in time, he was unable to see Earth, Wind, and Fire in their final performance, and that experience is “priceless.”

That same day, Brian receives his custom order from Eastlake. He accepts the hundreds of tents that he believes he ordered, and declines the rest of the custom pieces, sending them back to Eastlake. One week later, Eastlake calls him requesting payment in full. If he refuses, they will sue him.

  • What is the likely outcome of Eastlake v. Rocknoll? Why? What are the likely damages?
  • What is the likely outcome of Rocknoll v. Bell? Why? What are the likely damages?

Based on what you have learned in this part, is Facebook a successor in interest for immigration purposes?Would your answer change if Patel’s labor certification was already approved before the merger went through?

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Mergers and Acquisitions

Continuing with our hypothetical corporate business immigration scenario, you will consider additional information about your foreign national employee, Prisha Patel:

Facebook has proposed to purchase the Marketing Division of Indo Ads after the division received national recognition for its work. Indo Ads expressed interest in the deal, as the company was planning to focus its operations more on developing algorithms. Facebook plans to maintain all operations of the Marketing Division without making changes, keeping all the employees and their roles the same. It has yet to decide whether it will have the workers move to a new office after the deal closes. During negotiations, Indo Ads emphasized its desire to transfer all assets and liabilities of the Marketing Division to Facebook as part of the deal, while Facebook wanted to only take on certain key liabilities, including potential claims by any employee. To expedite the deal, Indo Ads agreed to exclude from the deal any liability that is unrelated to the operations of the Marketing Division. The parties agreed to close the deal within the next three months.

Patel was working in the Marketing Division on an H-1B visa when Indo Ads agreed to sponsor her for a green card under the EB-3 category. She expects to continue working as a market research analyst after the acquisition.Indo Ads had already filed a PERM labor certification before discussing a deal with Facebook. The PERM labor certification is expected to be certified within the next three months.

 

Write a memo on how the merger or acquisition may affect Patel’s immigration status, using these questions to guide you:

Is this an asset purchase, or an asset and liability purchase?

Based on what you have learned in this part, is Facebook a successor in interest for immigration purposes?Would your answer change if Patel’s labor certification was already approved before the merger went through?

Now write your memo and discuss the options and considerationsfor Patel’s continued employment.

Customary law is a source of law recognised in the Nigerian legal system. State and explain briefly, two evidences to prove existence of customary law.

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Business law question

Customary law is a source of law recognised in the Nigerian legal system. State and explain briefly, two evidences to prove existence of customary law.

“Acceptance of caste is a factor to undo past injustices”. Discuss this statement in the light of case law and recommendation made by various commissions.

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Business Law question

“Acceptance of caste is a factor to undo past injustices”. Discuss this statement in the light of case law and recommendation made by various commissions.

Analyze Manning’s behavior by applying two of the major ethical perspectives, utilitarianism, and deontology, we conclude that his actions were not ethical.

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Business Law Question

Response-1 Mariano Gonzalez posted Feb 24, 2023 4:36 PM

Robert Manning and Global Shippers Inc. engaged in several unethical and potentially illegal actions to secure and maintain the exclusive contract with Neristan. These actions include:

  1. Paying a bribe: The prime minister of Neristan requested a payment of $100,000 to be wired to his personal account in exchange for securing the contract for Global Shippers Inc. Manning did not directly agree to the payment but instead offered a luxurious trip to New York City. While Manning did not technically pay the bribe, his actions can be interpreted as an attempt to circumvent bribery laws.
  2. Providing gifts and entertainment: Manning paid for an expensive dinner and wine for the prime minister, flew him first-class to New York, provided all expenses paid luxurious accommodations, and showed him around the city. These gifts and entertainment were likely intended to influence the prime minister’s decision in awarding the contract to Global Shippers Inc.
  3. Offering a bribe to customs officials: Manning paid $100 each to customs officials to expedite the shipment of goods from Neristan. This action is also considered bribery and is illegal.
  4. Failing to report illegal activity: Manning failed to report the potential illegal activity to his superiors at Colossal Corporation until after the prime minister of Neristan was arrested for embezzling government funds. Manning’s delayed reporting could be seen as an attempt to cover up his own involvement in the unethical and potentially illegal actions.

Given the gravity of these actions, it is unlikely that Colossal Corporation would defend Manning’s actions as legal or ethical. Instead, they may conduct an internal investigation and potentially report their findings to relevant law enforcement agencies. Additionally, Manning and Global Shippers Inc. could face legal and financial consequences for their actions, including fines and even imprisonment for violating bribery and corruption laws.

Manning’s actions raise concerns under both the Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act, as well as ethical considerations in light of differing cultural norms.

  1. The Foreign Corrupt Practices Act (FCPA)

The FCPA prohibits bribing foreign officials in order to obtain or retain business. The act applies to companies and individuals with ties to the United States, which includes Global Shippers Inc. Manning’s actions could be seen as a violation of the FCPA in several ways:

a) Offering a bribe: The prime minister’s request for a payment of $100,000 in exchange for awarding the contract to Global Shippers Inc. constituted a bribe. Manning’s response did not immediately reject the offer and instead suggested an all-expenses-paid trip to New York, which could be seen as an attempt to circumvent the FCPA.

b) Improper payments: Manning paid for the prime minister’s dinner and wine, as well as his expenses for the New York and Los Angeles trips, out of his corporate accounts. While such payments are not inherently illegal, they could be seen as improper payments if they were made to influence the awarding of the contract.

c) Bribery of customs officials: Manning’s actions in slipping the customs officials $100 each to expedite the shipment could also be seen as a violation of the FCPA, as this constituted a bribe to foreign officials to obtain business advantage.

In summary, Manning’s actions could be seen as a violation of the FCPA, which could result in significant penalties, including fines and imprisonment for both the company and individuals involved.

  1. The UK Bribery Act

The UK Bribery Act is similar to the FCPA, and it criminalizes the act of bribing a foreign official in order to obtain or retain business. Manning’s actions could also be seen as a violation of the UK Bribery Act in several ways:

a) Offering a bribe: Manning’s response to the prime minister’s request for a payment of $100,000 could be seen as an attempt to circumvent the UK Bribery Act by offering a trip to New York instead of a direct payment.

b) Improper payments: Similarly, Manning’s payment for the prime minister’s dinner and wine, as well as his expenses for the New York and Los Angeles trips, could be seen as an attempt to influence the awarding of the contract.

c) Bribery of customs officials: Manning’s actions in slipping the customs officials $100 each to expedite the shipment could be seen as a violation of the UK Bribery Act.

In summary, Manning’s actions could be seen as a violation of the UK Bribery Act, which could also result in significant penalties, including fines and imprisonment for both the company and individuals involved.

  1. Ethical considerations

Manning’s actions also raise ethical concerns, particularly in light of differing cultural norms. While the prime minister’s request for a payment may be seen as customary in Neristan, it does not justify engaging in bribery or other unethical behavior. As a representative of Global Shippers Inc., Manning had a duty to act with integrity and in compliance with local laws and regulations. Manning’s actions in paying for the prime minister’s dinner, wine, and travel expenses, as well as slipping bribes to customs officials, could be seen as unethical and damaging to the reputation of Global Shippers Inc.

In conclusion, Manning’s actions could be seen as a violation of both the FCPA and the UK Bribery Act, as well as ethical considerations, and could result in significant penalties for both the company and individuals involved. Companies and individuals operating internationally must be aware of the legal and ethical implications of their actions and act with integrity and compliance with local laws and regulations

Response 2-Monika Rettenmayer posted Feb 23, 2023 7:16 PM

Manning’s actions can be broken down as follows:
-Participated in lavish $3,500 dinner and wine with a government official, paid for with his corporate card. During dinner he received a bribery offer which he declined. Instead, he extended an invitation for travel to discuss business, promising a stay in high value accommodations and extended trip amenities, not related to business. Dinner took place in Neristan.
-Flew the government official first class to New York, where business was discussed for 1 day. They then traveled around the city, attended a Broadway show and enjoyed fine dining. Trip lasted a few more days, then first class to Los Angeles to enjoy the town for more days before finally meeting with the board, where it was announced that the contract was awarded to Global Shippers. The government official continued his all expenses paid trip for two more weeks.
-Manning paid $100 each to customs officials to expedite clearance of the first shipment. Customs still needed to complete their inspection but after these payments, the shipment went out the next day (“Global Shippers, Inc.”, 2023).

Were Manning’s actions legal under the Foreign Corrupt Practices Act, and what are the possible penalties for violating the act?
Manning actions were not legal under FCPA. They included an offer of something of value to the prime minister, who in his official capacity can determine contract award, and the intent was to secure the award of new business. The invitation is directly extended as an alternative to the payment request (clearly a bribe). The FCPA prohibits providing or promising to provide anything of value to a foreign official to obtain/retain business or secure an improper advantage. The FCPA does allow for gift giving, within reason, but in this case the travel and entertainment are extravagant and can be seen as bribes and not gifts (“Gifts, Travel, Entertainment, and Other Things of Value”, 2023).
Although the FCPA bribery provision allows facilitation payments, they only apply when they are made to expedite routine government actions, commonly performed by a foreign official. The focus is not on the size of payment but on its purpose. By making small payments to the customs officials, Manning was asking them to ignore their process and expedite the shipment, without completing their regular check for contraband. This does not meet the parameters of an exception and constitutes bribery. Under FCPA, these actions can carry the following penalties:
-Criminal: Up to $250K per violation and up to 5 yrs. in prison for individuals. For companies the penalties include up to $2M per violation.
-Civil: Up to $16K per violation for individuals and companies.
Additional potential fines could be enforced under the Alternative Fines Act. These fines can be up to two times the amount of any benefit obtained through a bribe (“Foreign Corrupt Practices Act”, 2023).

Were Manning’s actions legal under the UK Bribery Act and what are the possible penalties for violating the act?
Manning’s actions were also not legal under the UK Bribery Act. Overall, the FCPA and the UK Bribery Act focus on the same goal of preventing global corruption, and they both extend bribery laws beyond borders. The Bribery Act does include stricter and more comprehensive provisions, including not allowing bribery to or from private persons and public officials. In addition, companies can be held liable for failing to prevent bribes by anyone in their employment, and facilitation payments of any kind are not allowed.

The only payments that would constitute an exception would be fast track or admin fees. Manning’s payments to the customs officials do not qualify as allowable under these rules. The potential civil and criminal penalties would be up to 10 yrs.in prison for an individual, and no cap on fines (“Global Bribery”, 2023).

Were Manning’s actions ethical, particularly in light of differing cultural norms?
If we analyze Manning’s behavior by applying two of the major ethical perspectives, utilitarianism, and deontology, we conclude that his actions were not ethical. Utilitarianism focuses on the results of an action, and whether they benefit the greater good (“Major Ethical Perspectives”, 2023). To say that the results of Manning’s actions benefited himself and the company, and therefore the greater good is a mistake. Overall, the greater good for society would include actions that do not promote unfair competition or support corrupt practices. The contracts will benefit local business and the country of Neristan, but that would have been the result of anyone winning the business and not exclusive to Global Shipper’s award.

Deontology states that to be ethical, an action must be universal, and for that to be true, the decision would need to be evaluated in terms of reversibility and consistency. If Manning had to be on the other side of this case as a competitor, losing out on a business contract due to bribery would not pass the test. Consistency is not as simple to apply, as culturally his actions were expected as part of a way of doing business in Neristan, and possibly the only way to win a contract.

There are other options that Global Shippers and Manning could have adopted to comply with the cultural norms. Gift giving and invitations to travel to the US facilities are not out of scope. Had there been a set limit for these gifts and invitations, and assuming Global Shippers has a mission and corporate values that they expect employees to follow- Manning could have navigated these cultural differences, while still staying within the law and behaving ethically. Finally, it is important to note that these suggested actions may have decreased their chances of winning the business but could have also protected them from both legal and social consequences.

References

University of Maryland Global Campus (2023). Foreign Corrupt Practices Act. Document posted in UMGC MBA 630 9045 online classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated…

University of Maryland Global Campus (2023). Gifts, Travel, Entertainment, and Other Things of Value. Document posted in UMGC MBA 630 9045 online classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated…

University of Maryland Global Campus (2023). Global Bribery. Document posted in UMGC MBA 630 9045 online classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated…

University of Maryland Global Campus (2023). Global Shippers Inc. Document posted in UMGC MBA 630 9045 online classroom, archived at https://leocontent.umgc.edu/content/umuc/tgs/mba/m…

University of Maryland Global Campus (2023). Major Ethical Perspectives. Document posted in UMGC MBA 630 9045 online classroom, archived at https://leocontent.umgc.edu/content/scor/uncurated/mba/2218-mba630/learning- resourcelist1/major-ethical-perspectives.html?ou=722307

Name and describe three best practices for a performance evaluation system.

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Business Law Question

Name and describe three best practices for a performance evaluation system.

Exercise Instructions: You are required to submit a 2-Page (Title Page and Content Page), APA formatted paper with substantial content. Substantial content requires staying on topic and fully addresses the assignment in a clear, concise, and meaningful manner. The deliverable length of your posting responses must be at least 2-pages, (Title Page and Content Page) APA format.

author Removed At Request Of Original Publisher. (2016, March 22). 2.1 Strategic Planning – Human Resource Management. Pressbooks. https://open.lib.umn.edu/humanresourcemanagement/chapter/2-1-strategic-planning/