Do you think companies should be allowed to negotiate non-competition agreements? Why or why not? Should the federal government dictate this area, or should it be up to individual states to legislate non-competition agreements under state law?

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Week 5: Discussion: Non-Competition Agreements: Replies to 2 students

Reply to at least two classmates’ posts (though you are welcome to reply to more). Your response to your classmate’s discussion should be around 50-75 words (each) and add to the discussion (i.e. reflecting on their response, asking questions, etc.). Reply to each student separately, so two paragraphs each. The prompt they are answering is below. Use the materials provided as resources.

Prompt:

On July 9, 2021, President Biden signed an executive order supporting limitations on the use of non-compete clauses. Styled as “promoting competition,” the order encourages the Federal Trade Commission to act to limit employee non-compete clauses as well as any “other clauses or agreements that may unfairly limit worker mobility.” While this order doesn’t effectuate any immediate changes in the law, it comes after an FTC examination of non-competes last year and after the Obama administration issued similar criticisms of such clauses years ago. In the intervening time, several states have changed their laws on regulating them, and it remains to be seen how this most recent Order will impact the legal landscape.

Regulation of non-compete and other related clauses is not without criticism. It is unclear how the FTC may act in response to this order, and the scope of their power to regulate non-competes will certainly be the subject of litigation. The FTC may engage in rulemaking to restrict these clauses in response to the administration’s vow to ban them altogether, and it is unknown as to whether the agency will seek a total ban, or something more narrowly tailored as many states have enacted. In addition, as the language of the executive order is broader than just non-competes, the FTC may seek to regulate other contract provisions like non-solicitation, no-rehire, and other restrictive covenants. As such provisions affect over half of American businesses, this changing area of the law may have broad-ranging consequences for employers.

Do you think companies should be allowed to negotiate non-competition agreements? Why or why not?

Should the federal government dictate this area, or should it be up to individual states to legislate non-competition agreements under state law?

Student 1: I believe that consideration should be a key element to a non-compete agreement. If the employee is forced to sign an employment contract containing a non-compete provision without consideration, that should be problematic without either true consideration (such as higher pay, larger benefits, or for cause only termination) in favor of the employee or legitimate business reasons for same as further discussed below. Otherwise, employers would consistently seek to regulate and perhaps unfairly restrict an employee from earning a living in certain areas of the country and/or sectors of business.

Moreover, there needs to be a true protective purpose of the employer. If the employer is revealing confidential information (such as customer lists built over the course of many years) and trade secrets, then perhaps there is a genuine reason for this restriction to prevent employees from unfairly using certain confidential information and/or trade secrets to immediately compete against his or her former employer. Basically, I believe the restatement (second) of contracts generally provides a sensical test that should be applied in some way, shape, or form to non-competes in that the clause should not unreasonably restrain the trade, and that the need to protect the business is greater than the restraint on the employee.[1]

However, even against that backdrop, I think individual states should legislate non-competition agreements. These federal agencies have enough on their plate, and adding something that can be regulated by the states is probably best for these agencies to remain efficient with respect to its objectives. The Federal Trade Commission’s mission is to protect the public from deceptive or unfair business practices and from unfair methods of competition.[2]This is focused on protecting the consumer from deceitful and corrupt business practices. The FTC’s mission is legitimate purpose that has to do with protecting a public consumer that purchases goods or use services. Expanding that mission to protecting every employee in the country would seem to be stretching its resources way too thin and well beyond its original purpose. Thus, I am of the opinion that this type of regulation should be left up to the individual states to protect its employees.

Student 2: As a small business owner myself and presently a general license property and casualty agent, non-compete has come up for one of the last two agencies that I was a part of, and now I am part of an agency that had me sign a non-disclosure agreement. What is interesting is I previously did more personal lines, while presently I do commercial lines and the policies or procedures are different. With that said I do believe companies should be allowed to negotiate non-compete agreements. At times with non-compete agreements, the employee is restricted from competing with the business directly or indirectly. The thing about this, is some individuals work for an employer to gain insight and knowledge of that field so that they can proceed to excel in their careers. The marketplace, in general, is competitive, and depending on the area of study or job a person should be able to take what they have learned and move forward to create a better experience for themselves. At times jobs will tell a person that they have to wait 2 years or more to go into business related to where they were. This can feel restricting or limit a person from being able to feel as if they can become successful. There should be guidelines on what an employer may feel is direct competition. At times that employee could have the opportunity to be part of a different company that saw or heard about their work ethic, to give that employee a chance to move on for the better. What if that person was part of building or starting that company?

Overall it should be regulated by each state, but then also by each private or public company as well. The federal government shouldn’t have a say on how a non-compete should be structured especially considering that there is such a broad spectrum of companies in the US. States should simply have a guide if a non-compete goes sidewachoys to protect the parties involved.

 

Examine carefully the main introductory elements of the reading, including the purpose of the study, the theoretical framework being used to test assumptions, and the research questions being addressed. Think about what ideas stood out to you. Why did they?

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Principles of Criminology Reflection Paper

Consider the following methods of analysis as prompts that can help you get started:

Examine carefully the main introductory elements of the reading, including the purpose of the study, the theoretical framework being used to test assumptions, and the research questions being addressed. Think about what ideas stood out to you. Why did they? Were Fall 2022

STRUCTURE

The structure of the reflection papers for this course will contain three main sections:

  1. Reflective Background and Context
  • Briefly provide background and context in relation to the content that stood out to you.
  • Briefly summarize the key readings; remember, this is not a book review.
  • This section should end with an explanatory main statement that expresses the central ideas of your paper and what you want the reader to know, believe, or understand after they finish reading your paper.
  1. Reflective Interpretation
  • Drawing from your reflective analysis, this is where you can be personal, critical, and creative in expressing how you felt about the readings and how they influenced or altered your feelings, beliefs, assumptions, or biases about the subject.
  • Interpret your learning throughout the course with a series of specific examples drawn from the course content
  • Reflecting on each example can be done by:

1) introducing a theme that was meaningful to you,

2) describing your previous position about the issue from the readings and what you thought about it,

3) explaining how your perspective was challenged and/or changed and why, and

4) introspectively stating your current or new feelings, opinions, or beliefs about that topic from the readings.

III. Reflective Conclusion

The conclusion of your reflective paper should provide a summary of your thoughts, feelings, or opinions regarding what you learned about yourself as a result of the readings.

 

Explain how the common law system facilitates slow legal change. Discuss the concept of employment at will. Then discuss the exceptions to employment at will based on contract law and public policy. What is your view of this rule? Do the public policy exceptions to the rule give enough protection to employees?

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Criminal and civil ramifications

In short essay format, answer the following four questions. For each answer, support your position with at least two (2) peer-reviewed sources not used in class. Further, short essay answers should be at least 200 words and long enough to adequately answer the question presented. Bullet point answers are not permitted.

  1. Explain how the common law system facilitates slow legal change.
  2. Discuss the concept of employment at will. Then discuss the exceptions to employment at will based on contract law and public policy. What is your view of this rule? Do the public policy exceptions to the rule give enough protection to employees?
  3. Hazing may have both criminal and civil ramifications. Discuss this and how you would develop a hazing prevention program for your high school athletic program.
  4. Give three examples of types of contracts that must be in writing according to the Statute of Frauds.

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.

Who gets to define community needs? How do we define the needs of the communities we seek to serve as public administrators? How do we know what we are trying to accomplish?

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Week 5 Discussion( American Governance)

Who gets to define community needs? How do we define the needs of the communities we seek to serve as public administrators? How do we know what we are trying to accomplish?

 

Explain what constitutes a mistake for purposes of contract law. Distinguish between a unilateral and bilateral mistake. If Tony argues that the rug should be returned because of a unilateral mistake, will he win his case?

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General Perspectives on Contracts & Source Of Contract Law & Basic Taxonomy of Contracts

Read this scenario, then address the short-answer questions that follow: Lydia is involved in a dispute over an area rug she purchased from her neighbor, Tony. Tony’s mother left him the rug in her will. Tony had no space in his home for it, so he offered it to Lydia. The two settled on what they thought was a fair price of $100.

A month later, an antiques hunter saw a picture of the rug and advised Tony that it was in fact a rare Persian rug worth at least $100,000. After learning of his mistake, Tony demanded that Lydia return the rug at once. Lydia refused, stating, “A deal is a deal.”

  1. Explain what constitutes a mistake for purposes of contract law. Distinguish between a unilateral and bilateral mistake. If Tony argues that the rug should be returned because of a unilateral mistake, will he win his case?
  2. Explain what constitutes fraud for purposes of contract law. If Tony sues Lydia for fraud, will he win his case?
  3. If Lydia is able to prove that neither party knew that the rug was a rare Persian rug, can she successfully defend against Tony’s lawsuit? Explain.

 

What does the lion represent? Why would the rulers of England include so many of them on the Coat of Arms? What does the fleur-de-lis represent? Why is it featured on the Coat of Arms of British rulers? Why is the Irish harp featured on the Coat of Arms?

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Royal Coat of Arms Investigation

Step 1: Research heraldic symbols of the Royal Coat of Arms of King James I and answer the Royal Coat of Arms Investigation Questions in complete sentences.

Step 2: Emblazon a shield of your own based on your values and lifestyle:

  • Incorporate what you have learned about heraldic colors and symbols to design your shield.
  • Also, give it a modern twist by including symbols that represent your current interests (a golden eagle listening to an iPod, for example).

Write a paragraph of at least five sentences explaining how all of the elements included (shape, color, and symbols) are representative of your life and your values. Your paragraph should include proper grammar, punctuation, and other language conventions.

Questions:

  1. What does the lion represent? Why would the rulers of England include so many of them on the Coat of Arms?
  2. What does the fleur-de-lis represent? Why is it featured on the Coat of Arms of British rulers?
  3. Why is the Irish harp featured on the Coat of Arms?
  4. What does the unicorn represent? Why would the rulers of England choose a unicorn to support their shield?
  5. Why does the unicorn have a chain around its neck?
  6. The Coat of Arms includes two phrases, “Blessed are the peacemakers” and “Shame to him who evil thinks.” Choose one of these phrases and explain why a ruler might want it included in a coat of arms.
  7. Research one of the colors featured in the Coat of Arms. Based on what the color represents, explain why it would be used in a royal coat of arms.

 

Do you support the notion that there are disproportionate punishments in school settings (K12) as it relates to race? If school punishments contribute to the school to prison pipeline, how do we address the underlying factors that contribute to continued high referrals to juvenile court from school systems?

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Juvenile delinquency

RESPOND TO EACH STUDENT AS A STUDENT

ORIGINAL QUESTION:

Do you support the notion that there are disproportionate punishments in school settings (K12) as it relates to race?

If school punishments contribute to the school to prison pipeline, how do we address the underlying factors that contribute to continued high referrals to juvenile court from school systems?

If the Gun Free Schools Act of 1994 was enacted to address mass school shootings, why is it that most of the discipline results in higher numbers from inner city schools as opposed to suburban schools where mass shootings historically occur?

Do you purport that the Project Save Act (Monell article) or similar legislation is beneficial and working to keep our schools safer?

STUDENT 1 LILLIAN

Hello Class,

Prompt 1

First of all, I grieve with the people who lost their loved ones in this September due to the shootings at Milwaukee in Wisconsin, and to that matter, I do support this notion and according to the weekly reading materials including but not limited to: Welch & Payne, (2012) the minority groups are given harsher punishments as compared to the majority. In this case, the minority is the: blacks, African Americans, Hispanic, and Latin among others – the reason for the harsher punishments is because they are seen as threats to the majority. Rudd, (2014) also adds that some of these punishments that are harsh include: indefinite and definite suspension from the schools which is intended at making the majority whites feel very safe in the schools. In simple terms, the principle followed is equity and not equality.

Prompt 2

According to my own observation, given the readings, I think that referring the children to the juvenile justice system does more harm than good as it causes trauma to the children which lasts a lifetime and makes their hearts ‘harder.’ According to me, the family should be the point of concern because majority children hail from there. What is being done with the parents in regards to proper parenting, what is being done with the children keepers in institutional care homes? How has the family units in the police helping to stabilize the family with respect to child conduct?

Then as for counselors and psychologists, I suggest that a family centered behavioral therapy is the best approach that can help to address the underlying factors. In addition to that, screening ought to be done to discover formerly or currently bullied students such that they can be counseled to let go of the anger and vengeance sentiments.

Prompt 3

According to the weekly readings, with specificity to Roos, (2022). the schools in inner cities have a tendency of competition, which is both intra and inter. The prevalence of students recreation activities including sports, athletics, and contests breed sentiments of competition which stir hatred amongst the students hence culminating in aggressive behavior – this is rather different from suburban school settings which many at times act as on lookers to what is happening in the inner-city schools.

Prompt 4

SAVE. is an acronym for Survey, Act, Validate and Engage. Under this scheme/ACT, a teacher is allowed to remove a violent or disruptive student from class when the students conduct poses a danger or is substantially disruptive or significantly interferes with the teacher’s authority over the classroom. In my own observation, I think this written information to parents and or guardians helps to draw their attention towards their parenting roles that sometimes could or could be not neglected by the same. In general, I believe that it has a role to play in ending school violence in the long run, and school shootings in particular.

STUDENT 2 Robert

According to a survey done by the National Study of Delinquency Prevention in Schools in the years 1997-1998, it was reported by the Youth Violence and Juvenile Justice that a disproportionate amount of African American middle school and high school students were subjected to harsher punishments then their Caucasian counterparts (Welch et al., 2012, pg. 8). While I can’t say I support the notion that there are disproportionate punishments in school settings as it relates to race without more study into the subject and data on the topic, this article does support that hypothesis.

One way to address any underlaying factors contributing to high referrals to juvenile court from the school system would be to better train and support the teachers within that school system. Unfortunately, some children aren’t raised in the best environments at home, or the parents need additional help with a child suffering from a mental/physical disability. When the child doesn’t learn discipline in the home, the next natural place they’ll learn it from would be from the school they’re enrolled in. By parents supporting the teachers in their efforts, and the school system providing training in effective discipline to their staff, teachers can have a positive direct effect on whether a student gets referred to juvenile court (Elias, 2013).

I would argue that while historically, suburban schools with mass shootings have suffered a higher fatality rate per student, most school shooting incidents happen in urban, poorer environments with a higher minority student population (GAO, 2020). Most of these shootings are dispute/grievance related, to include gang related violence on school grounds, outside the building itself. As to why there are more disciplinary issues within inner city schools, logically, if one larger school has a higher student population then a smaller school with a lower student population, per the numbers, it makes sense why there would be more disciplinary issues in that larger student body.

The Project Save Act is designed to give educators training on how to catch, prevent, and handle violent acts in school (Silver, 2001). While I think any kind of training in this regard is beneficial and does help to a certain extent, I don’t think it will eliminate violence in the school setting. Teachers and educators do their best to provide a safe environment for their students to learn and grow in, but that safety can only be guaranteed up to a certain point. If a student wants to commit a violent act, then they will find a way to do so, regardless of how many rules are established or guards are emplaced.

STUDENT 3 AJA

  1. I agree that there are disproportionate punishments in school settings in relation to race. The National Study of Delinquency Prevention in Schools conducted a study in which 294 schools were sampled. The hypothesis was that the percentage of black students in the student population would positively influence the school’s expulsion and suspension rates. It also stated that the percentage of black students would positively influence mandatory expulsion for the possession of weapons, drugs, and alcohol (Welch, Payne, 2012). The results of this study would provide supporting evidence for these hypotheses. The findings suggested that the percentage of black students was significantly related to the utilization of suspension and expulsion.
  2. The school to prison pipeline refers to specific practices and policies that push juveniles out of school and into the justice system (Blitzman, 2021). Some underlying factors that may influence the referrals from the schools to the juvenile justice system include race, socio-economic status, and intentional or unintentional bias (Marchbanks, Blake, 2018). If these factors contribute to the continued high referrals to juvenile court from school systems, then there needs to be an adjustment made to this referral rate. Since black and Hispanic students are disciplined more than other students, I believe that schools should decrease the rate in which punishment is enforced. If school systems focus less on punishment, then naturally the rates in which students are referred to the juvenile justice system would decrease. Schools should make more of an effort to keep students in school. Suspension, expulsion, and referrals should be the very last option.
  3. Though the Gun Free Act of 1994 was designed to address mass school shootings, I believe that the discipline results in higher numbers in inner city school rather than suburban schools for some of the same reasons why there are disproportionate punishment rates in schools. Race, socio-economic status, and bias are the factors that contribute to this problem. Although suburban schools are the common settings for mass school shootings, inner city school children are being affected by the law disproportionately for the reasons listed. For example, the Gun Free Schools Act of 1994 has suspended kids for playing with toys and water guns due to administration becoming hypersensitive (Marchbanks, Blake, 2018). This response came as a result of the zero tolerance laws that were introduced by the GFSA.
  4. I think that the Save Act has some good concepts, however I think that this and other legislation similar to it haven’t been beneficial in the past. Based on the facts about the Save Act, I do believe that it’s going to help make schools a safer environment. For example, students who are violent will be removed from class, there has to be safety plans in case of emergency, teachers have to attend violence prevention training, and character education has to be taught in the curriculum (Silver, 2001).

 

Design a new agency that would regulate the police more closely and establish strict guidelines for the conduct and enforcement of these guidelines.

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Police misconduct

With all of the police misconduct in recent years, there has been a push for some type of reform.

The reforms include but are not limited to defunding the police, disbanding the police, reorganization of police departments and writing new laws that would allow for easier prosecution of police misconduct.

In this project, you will be tasked with designing a new agency that would regulate the police more closely and establish strict guidelines for the conduct and enforcement of these guidelines. The agency can be local or state but would be similar to such federal agencies as the Bureau of Alcohol and Tobacco or the DEA.

For the project, you will need to write a mission statement, a review of current criminal justice policies and procedures (which should include the reasoning for the development of the status quo policies), problems with the current policies, revised procedures for police conduct, and new criminal consequences in the event of a violation of the code. The whole project should be 5-8 pages long.

The project will be graded based on the rubric. It will incorporate material that the student has learned in Modules 3, 4, 5, and 6. In general, the student will be analyzing one or various regulations or codes in the criminal justice system and he or she will write a new policy and/or procedure baschoed on the regulations and codes.

 

What are the ethical considerations that organizations should be cognizant of for their future business endeavors? At the strategic level, what are the top challenges and concerns? Why?

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A Look at the Future: A Collaborative Assignment (100 points)

You will submit this assignment individually, but you may collaborate on it with other colleagues if you desire. Collaboration, while always encouraged, is not required. Note that official groups will not be formed by me in Canvas.
Using Internet sources, you will research an eNewspaper, eMagazine, and/or online journal. The eNewspaper, eMagazine, or online journal that you select should include article titles and articles that address the future of organizations and particularly the future of human resource management. You may have to review and research more than one eNewspaper, eMagazine, or online journal.
Create a list of the top ten headlines that you have selected based on your review. Then, collaborate (if appropriate) with three or four class colleagues using the group function within Canvas (or another communications medium of your choice).
Collaborate with one another and review the 10 headlines that could be related to an organization and strategic human resources operations in the future. Examples of such headlines might be something such as “World’s Best Place to Work” or “How This Company Changed the World.”
Based on these conversations, determine the top five headlines from the 10 that you selected.
Next, create a short PowerPoint presentation with audio narration (or notes) that includes the following information listed below. Base your PowerPoint on the review of your five selected articles as well as the comments and suggestions of your class colleagues.
The next to the last slide should be titled “Collaborators” (if appropriate). List the names of the three or four class colleagues that you spoke with about your selection of articles and your presentation topic.

The last slide should be your “References” slide. Follow APA Style format.
Note: You must include an audio narration (or transcript in notes) on every slide, except the last slide, the References slide.

Here is the information that should be included in your PowerPoint:
1. What are the ethical considerations that organizations should be cognizant of for their future business endeavors? At the strategic level, what are the top challenges and concerns? Why?

2. Work and significant professional endeavors will continue to change and at an ever-increasing rate. What are the top factors that will drive such change? Why are such factors important to consider and discuss?

3. There are several federal and state laws and regulations that impact businesses. What are probable new ones that could be enacted that address the most prevalent problems not only today but also in the future?

4. What are the relevant operational concerns for organizations of the future? In what manner could human resource management benefit or be a deleterious force to the organization? How can you tell?

5. What will the organizations and businesses of the future ultimately look like to customers and clients, stakeholders, and society as a whole? Why is this important to consider and discuss?

Examine carefully the main introductory elements of the reading, including the purpose of the study, the theoretical framework being used to test assumptions, and the research questions being addressed. Think about what ideas stood out to you. Why did they?

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Principles of Criminology Reflection Paper

Consider the following methods of analysis as prompts that can help you get started:

Examine carefully the main introductory elements of the reading, including the purpose of the study, the theoretical framework being used to test assumptions, and the research questions being addressed. Think about what ideas stood out to you. Why did they? Were Fall 2022

STRUCTURE

The structure of the reflection papers for this course will contain three main sections:

  1. Reflective Background and Context
  • Briefly provide background and context in relation to the content that stood out to you.
  • Briefly summarize the key readings; remember, this is not a book review.
  • This section should end with an explanatory main statement that expresses the central ideas of your paper and what you want the reader to know, believe, or understand after they finish reading your paper.
  1. Reflective Interpretation
  • Drawing from your reflective analysis, this is where you can be personal, critical, and creative in expressing how you felt about the readings and how they influenced or altered your feelings, beliefs, assumptions, or biases about the subject.
  • Interpret your learning throughout the course with a series of specific examples drawn from the course content
  • Reflecting on each example can be done by:

1) introducing a theme that was meaningful to you,

2) describing your previous position about the issue from the readings and what you thought about it,

3) explaining how your perspective was challenged and/or changed and why, and

4) introspectively stating your current or new feelings, opinions, or beliefs about that topic from the readings.

III. Reflective Conclusion

The conclusion of your reflective paper should provide a summary of your thoughts, feelings, or opinions regarding what you learned about yourself as a result of the readings.