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Making Decisions That Are Legal and Ethical Transcript

You were a member of Colossal Corporations robust human resources unit. On Monday morning, you're called into the vice president's office. Because of your relationship skills and broad business experience, the vice president often employs you as a cross-functional troubleshooter and advisor.

Colossal Corporation is a global conglomerate incorporated in Delaware, conducting business operations in all 50 states and 37 foreign countries. Colossal's activities span a diverse range of industries, including consumer goods, entertainment, consulting, transportation, and manufacturing. With over 300,000 employees worldwide, it's not surprising Colossal is presented with a variety of legal and ethical issues on a daily basis. It's Colossal goal to uphold legal and ethical standards for the benefit of our employees and our customers.
I think these really send a positive message to the public, he says. But that's not the most important part. That's where you come in.
I have three complicated cases on my desk right now, and I need your help. There's Green Machine Inc, where we have evidence that a theft has occurred. Then there's the White Arch Casino, where an employee was promised a raise in a five year contract, but was downsized before the contract was signed. And finally, at Big Brain Solutions, we have issues involving arbitration and wrongful termination.
He hands you three files. These files contain detailed information about each case and the kind of analysis I need from you. I know you aren't a lawyer, but your insight has always been helpful to me in the past. These cases are sensitive, and I want the details to stay within the human resources department for now. Get your analysis to me in a few weeks.
In this project, you will aid the vice president of the human resources department at Colossal Corporation by analyzing three complicated cases that have arisen in different subsidiaries of the company. These cases require the human resources department to make legal and ethical decisions. You will be presented with a number of readings to familiarize yourself with relevant laws, and with resources that guide you in making ethical decisions. You will produce a narrated presentation and two memos for the VP and include specific recommendations to the VP based on what you have found in the readings.

Begin in Step 1, where you will review the first case.
When you submit your project, your work will be evaluated using the competencies listed below. You can use the list below to self-check your work before submission.
• 1.6: Follow conventions of Standard Written English.
• 1.7: Create neat and professional looking documents appropriate for the project or presentation.
• 1.8: Create clear oral messages.
• 2.1: Identify and clearly explain the issue, question, or problem under critical consideration.
• 2.3: Evaluate the information in a logical and organized manner to determine its value and relevance to the problem.
• 5.1: Develop constructive resolutions for ethical dilemmas based on application of ethical theories, principles, and models
• 7.2: Analyze the implications of contract law and make recommendations to support business decisions
• 7.3: Analyze the implications of civil or criminal wrongs and of product or service liability laws and make recommendations to support business decisions
• 7.5: Analyze the utility of various forms of dispute resolution and make recommendations to support business decisions
• 9.3: Apply the principles of employment law for ethical practices and risk mitigation
Step 1: Case One: Green Machine, Inc.
You take a few minutes after meeting with the vice president to collect your thoughts, then you begin to prepare for this task. First, you'll need an introduction to the legal environment of business. Next, you open the Green Machine, Inc. case file. Upon completing your initial review of the file, you begin thinking about the questions the VP asked you to answer in a narrated PowerPoint presentation. In the next step, you will gather the information you need to answer these questions.

Step 2: Gather and Analyze Information
As you read through the materials, try to begin answering the questions the VP asked you. You will likely encounter many new legal concepts, so take notes about which sections apply to this case so that you can easily refer back when you begin to write your presentation.
• Can Colossal Corporation terminate Sam without any notice or a hearing? Why or why not? This question relates to employment-at-will
• Did Sam, Rachel, or Greg commit any crimes and, if so, which crimes did each person commit? Fully explain your answer for each person as you explore the subject of business criminal law
• Did Sam, Rachel, or Greg commit any torts and, if so, which torts did each person commit? Read about the law of torts in order to make your determinations.
• What defenses, if any, might the relevant persons allege in defense to the torts and crimes identified in questions 2 and 3? Fully explain your answer for each person as to both torts and crimes.
• Can anyone collect damages? Who can collect and whom would they sue? Detail the specific damages that may be available to potential plaintiffs as you read about tort damages
In the next step, you'll formalize your thoughts so that they are ready to put into your presentation.

Step 3: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate these arguments, addressing all the issues raised by the narrative in the file the VP gave you.
Outline your presentation to the board, either on paper or in a Word document; don't make the PowerPoint yet. Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major bullet points that you will highlight on your slides, and allocate the appropriate supporting information to each bullet point—make sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you'll use your outline to create the PowerPoint presentation for the VP.

Step 4: Communicate Your Findings and Conclusions to the Vice President of Human Resources: Create Your PowerPoint
Using your outline and research notes from previous steps, prepare a narrated PowerPoint for the VP. Because you will not deliver this presentation in person, it should follow the form of asynchronous presentations Be sure to meet the following requirements:
• Include a title slide, with your name on it, introducing the presentation.
• On the presentation slides, include only the major bullet points for each issue.
• Include no more than 20 slides.
• Use your narration to provide the supporting rationale for each major bullet point.
• Include a script of your narration in the notes section of PowerPoint.
• Title your files using this protocol: yourlastname_GreenMachinePowerPoint_date.
• The final slide must present a clear summary of your major conclusions and any recommendations.
You should be prepared to answer questions about your presentation after you have submitted it.
You should try to have your Green Machine PowerPoint complete by the end of Week 2. In the next step, you'll begin analyzing the second case from the VP: the White Arch Casino.

Step 5: Case Two: White Arch Casino
A week has passed since you first spoke to the VP, and you now have one case review under your belt. Feeling a bit more confident, you open The White Arch Casino case file, already thinking ahead about the memo you will write for the VP. In the next step, you will gather the information you need to write the memo.

Step 6: Gather and Analyze Information
After reading the file, you realize that in order to formulate a sound response to the VP's questions, you will need to review a number of specific foundational issues involving legal contracts, including the following:
• What laws govern contracts?
• What are the elements of a legal contract?
• What form can or must a contract take?
• Can a contract be modified?
• What are the methods of discharging a contract?
Find answers to these questions about contract formation and execution and also look into possible contract remedies for when a breach of contract occurs. As you read, be sure to record your thoughts pertaining to the case and note the places in the readings that prompted your thoughts.
After you have refreshed your understanding of contract law generally, you should supplement that understanding by doing legal research on specific laws related to contracts in Nevada and Delaware. Again, make sure to take notes as you read. Good notes will help you write your memo.
In the next step, you will begin to apply what you've learned to the specifics of this case.

Step 7: Legal and Ethical Responsibility
You are concerned about the question of Sal Pending's role in this situation with Enoch Thompson. More specifically, you wonder whether Pending had the authority to make the promise he made (or any promises) to Thompson. Review the legal responsibilities of agents and employees to help formulate your answer. You should also review ethical business decision making, as it pertains to keeping promises in business situations. In the next step, you will use what you have learned to create an outline that will prepare you to write the memo.

Step 8: Focus on Your Rationale and Conclusions: Create Your Outline
You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate them, making sure to address all the concerns that your VP expressed to you when you met. Outline the memo that you will draft for your VP. Review your outline to make certain it covers all relevant points and progresses in a logical order.
After you finish your outline, if you have time, give yourself one night of sleep before you begin the next step, in which you will write the memo. Fresh eyes might help you see points that need revision.

Step 9: Communicate Your Findings and Conclusions to the HR VP: Create Your Memo
First, review how to write a memo. Once you have a sense of memos in general, use your outline and research notes to prepare your memo for the VP. Be sure to meet the following requirements:
• Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
• Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
• Support your conclusion with references to legal principles and laws.
• The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
• Title your file using this protocol: yourlastname_WhiteArchCasinoMemo_date.
You should try to have your White Arch Casino memo complete by the end of Week . In the next step, you will begin work on the final case from the VP: Big Brain Solutions.

Step 10: Case Three: Big Brain Solutions—Arbitration or Litigation?
You have made recommendations on two cases so far and have one more case to go. After setting aside a few hours to work, you open the Big Brain Solutions case file. In the next step, you will gather the information you need to write a memo for the VP about this case.

Step 11: Gather and Analyze the Information
While you have some general awareness of the fact that there are means of alternative dispute resolution ,you realize that you need to know a lot more about this subject before you can attempt to respond to the VP's questions. Some of the topics you should review include the following:
• What general procedures or rules govern a typical arbitration proceeding?
• Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision?
• Are there times when an arbitration clause might be invalid or unenforceable against an employee?
• What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts?
Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz's case? In Ralph's? In the next step, you will use the information gathered in this step to create an outline that will prepare you to write the memo.
Step 12: Focus on Your Rationale and Conclusions: Create Your Outline

You've finished your research. You've reflected on how the facts and the law come together in this situation. You've analyzed the possible arguments and determined reasonable conclusions to the questions you've asked yourself. Now it's time to outline your memo.
Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major points you want to make and be sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you will use your outline to create a memo for the VP.

Step 13: Communicate Your Findings and Conclusions to the Vice President: Create Your Memo
Using your outline and research notes, write a memo for the VP. Be sure to meet the following requirements:
• Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.
• Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.
• Support your conclusion with references to legal principles and laws.
• The memo should be no more than 10 pages (double spaced, 12-point font; the reference list does not count towards page limit).
• Title your file using this protocol: yourlastname_Arbitration_date.
You should try to have your Big Brain memo complete by the end of Week. In the next step, you will submit all of the work you have done as part of this project.

Step 14: Submit Your Green Machine, Inc. PowerPoint, White Arch Casino Memo, and Big Brain Solutions Memo
Be sure to use the following file-naming protocols:
• yourlastname_GreenMachinePowerPoint_date
• yourlastname_WhiteArchCasinoMemo_date
• yourlastname_Arbitration_date
Submit all of your files to the folder below: Making Decisions That Are Legal and Ethical.
Before you submit your assignment, review the competencies below, which your instructor will use to evaluate your work. A good practice would be to use each competency as a self-check to confirm you have incorporated all of them in your work.
• 1.6: Follow conventions of Standard Written English.
• 1.7: Create neat and professional looking documents appropriate for the project or presentation.
• 1.8: Create clear oral messages.
• 2.1: Identify and clearly explain the issue, question, or problem under critical consideration.
• 2.3: Evaluate the information in a logical and organized manner to determine its value and relevance to the problem.
• 5.1: Develop constructive resolutions for ethical dilemmas based on application of ethical theories, principles, and models
• 7.2: Analyze the implications of contract law and make recommendations to support business decisions
• 7.3: Analyze the implications of civil or criminal wrongs and of product or service liability laws and make recommendations to support business decisions
• 7.5: Analyze the utility of various forms of dispute resolution and make recommendations to support business decisions
• 9.3: Apply the principles of employment law for ethical practices and risk mitigation

Solution PreviewSolution Preview

These solutions may offer step-by-step problem-solving explanations or good writing examples that include modern styles of formatting and construction of bibliographies out of text citations and references. Students may use these solutions for personal skill-building and practice. Unethical use is strictly forbidden.

From : ABC, Chief Information Officer , White Arch Casino
To : Vice President,
Company: White Arch Casino
Subject : Ethical issue consideration

Introduction

This case is about Enoch Thompson was employed with White Arch Casino for several years and not one of the most skillful high stakes poker dealers in Nevada. Nine months ago Thompson was approached by a rival company of WAC and was offered a substantial salary increase for leaving WAC and joining her company Shirley Eugest. However Thompson did not immediately agree to that offer but instead asked for 48 hours time to decide and tell. after getting back to the company, Thompson aroused several of the dealers what they thought about the offer he had received.
The news of this offer, immediately went to the manager of WAC who was told about the details of the Eugest’s offer to one of his best employees, Thompson. The manager Sal Pending, called Thompson and offered and promised him a 50% increase in salary next year and 5 year contract if he promises to stay with the company. This made Thompson to turn down the offer had received from Eugest and he stayed with WAC. however due to corporate downsizing in WAC, Thompson was dismissed from the company last week and the vice president of Human Resource Department in the company is concerned about Thompson’s hold on WAC about the Sal Pending’s promise.
The analysis in the subsequent sections details about the various legalities and ethical principles of contracting.

Valid contract between Thompson and Sal Pending:

The agreement between Sal Pending and Thompson constitutes a valid contract and is legally enforceable. A contract is defined as a legally enforceable promise between parties or an exchange of promises. In order to be enforceable the contract must meet or contain certain elements. these include an offer, and acceptance of that offer and also an intended exchange of value between the parties concerned. Only when these elements are met they demonstrate a meeting of the minds between the parties that is, it suggests that the parties have a common understanding about the material terms in the contract agreement....

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