BUS 307 Final Project Guidelines and Rubric Overview

BUS 307 Final Project Guidelines and Rubric
Overview
Business law plays an integral part in both our personal and
professional lives. A solid grasp of essential business law
concepts is critical for the successful
navigation of complex and diverse business environments. You
will assess relevant legal issues as well as apply the discipline -
specific knowledge necessary to
successfully address real-world business situations such as
business formation and management, liability issues, and
compliance with government and industry
regulations, as well as to effectively communicate issues and
facts to peers and professionals.
The final project represents an authentic competency, as you
will have the opportunity to present your analysis of the legal
and ethical issues involved in three
hypothetical business scenarios as well as to evaluate and make
recommendations to avoid such issues in the future.
This assessment addresses the following course outcomes:
• Apply the law regarding business relationships, such as
agency law, partnership, and corporate law as strategies for
appropriate and effective business

management
• Analyze issues of real and personal property as they pertain to
business formation and management
• Determine the legal rights and duties of the parties to
commercial paper for their impact on fundamental business
operations
• Analyze the rights and duties of the parties in credit
transactions, including secured transactions and bankruptcy law,
as they apply to fundamental
business operations
• Evaluate the impact of government regulation on business
practices for strategic and compliance purposes
Prompt
The final project for this course consists of two milestones and
the final project submission. Milestones One and Two take the
form of short answers crafted in
memo format from the perspective of a corporate attorney
making recommendations to a client. For Case Studies 1 and 2,
craft a professional memo for each,
appropriate in format, tone, and content, to send to your clients
Fred and Sally, with your preliminary thoughts on the issues
within. Your memos should illustrate
the issues and relevant law, apply the facts, and support your
conclusions with regard to each issue. Always remember to be
clear, kind, and professional in your
communications. The third element, Case Study 3, will be a
short, 2–3-page essay in APA format that will require you to
independently issue-spot as well as
provide a factual analysis of relevant law and recommendations.
You will receive feedback on both milestones and the initial
element of Case Study 3. Make any
necessary revisions and then include them all in the final
submission, where you will label them as Case Study 1, 2, and

3.
Case Study 1
Fred is well known in his town for his homeopathic cough
syrup. After years of encouragement, he has decided to take his
miracle cough remedy to market as
“Fred’s Miracle Cough Syrup.” While his cough syrup is
homeopathic, one of the key ingredients causes a severe
reaction when taken in conjunction with aspirin.
Fred plans to make and bottle his cough syrup in an outbuilding
on the family farm. His son, Sam, has been raving to the locals
about his father’s cough syrup for
years, and the local drug store and grocer have contacted Fred
to place orders as a result. Sam also intends to approach several
national chains in an effort to
secure supply contracts for Fred’s cough syrup. Fred has asked
Sam to assist him with deliveries, as Sam has a van. Fred would
like Sam to be involved with the
business as an employee initially, with the option of making
him a partial owner at a later time. Fred and his wife Sally have
two children, Sam and Lilly. Both live
in cabins on the family farm with their spouses and children.
Fred and Sally engage you as their attorney to assist with the
formation of the new business,
including determining the appropriate business entity type,
management issues, product liability issues, and estate planning
for both the business and family
property. After your initial meeting, you identify and research
the following issues.
Specifically, the following critical elements must be addressed:

I. Describe the main types of business entities and their
defining characteristics.
II. Apply product liability law and determine what issues are
present. How would you advise your client to mitigate those
issues?
III. Apply the elements and characteristics of an agency
relationship to Sam’s actions. Does Sam’s involvement prior to
the business formation, as well as his
anticipated role once the business is formed, create an agency
relationship? Why or why not?
IV. Identify potential real property issues based on the location
of the business on the family farm. Justify each potential issue.
V. Does the manufacture of Fred's Miracle Cough Syrup on the
family farm necessitate a formal transfer of ownership or
possessory rights? Defend your response.
VI. Identify potential personal property issues based on the use
of Sam’s personal vehicle to deliver the product. Justify each
potential issue.
VII. Does the use of Sam's personal vehicle in the course of
business expose Sam or the business to any liability issues?
Defend your response.
VIII. Identify potential estate planning issues with regard to the
business and the family farm. Justify each potential issue.
IX. What estate planning vehicles are available to Fred and
Sally should they desire to transfer ownership in the business
and family farm, respectively, to Sam and
Lilly equally? What are the advantages and disadvantages to
each?
X. Applying your analysis of the issues above, which type of
business entity do you recommend for Fred’s Miracle Cough
Syrup and why?

Case Study 2
Fred’s Miracle Cough Syrup has hit the market and become a
huge success with the burgeoning integrative medicine
demographic. Per your advice, Fred has
patented his famous concoction and trademarked the Fred’s
Miracle Cough Syrup name and logo. Demand is so high that
Fred and Sally are working full-time on
the business. Their children, Sam and Lilly, and their respective
spouses, Jane and Tim, have joined the company full-time as
well. In fact, Fred and Sally have
made Sam and Lilly part owners of the business. Fred, Sam, and
Tim handle the production, sales, and delivery. Sally and Lilly
handle the majority of the
administrative and business management tasks, while Jane acts
as the bookkeeper. Sally and Fred are the only authorized
signatories on the corporate account.
Sally and Lilly have been hard at work securing a new
production facility and distribution chain to accommodate an
upcoming contract with a national chain.
After locating a large warehouse on several acres, Sally and
Lilly approach their local credit union for a loan. The business
has only one business credit card used
to purchase supplies for the production of Fred’s Miracle Cough
Syrup, and there is a small mortgage outstanding on the family
farm. Personal debts of the
individual family members consist of small credit-card balances
for Fred, Sally, Sam, and Lilly as well as an auto loan on Sam’s
van.
During the commercial loan accounting review process, Sally
and Lilly discover that Jane has been siphoning off large
amounts of corporate money and “cooking

the books” to hide her actions. Jane has written several checks
from the corporate account and forged both Sally’s and Fred’s
signatures. Jane has made out all
but one of the forged checks to Don, a local loan shark, in an
effort to repay her gambling debts. The check Jane did not
deliver to Don was made out to “Cash,”
which she slipped into the collection box at church in an effort
to absolve her guilt. The embezzlement was so severe that the
family fears that Fred’s Miracle
Cough Syrup is now on the brink of bankruptcy. Meanwhile,
Sam’s refusal to enter into an exclusive distribution deal with
the local drugstore has enraged Bob,
the owner. Bob has now reverse engineered Fred’s cough syrup
recipe and has posted it online in an act of vengeance.
As Fred and Sally tearfully recount the events of the past
month, you reassure them that you are on the case, and you
begin to ponder the legal issues at hand.
I. What legal defenses might Fred and Sally raise with regard to
the checks written by Jane to Don? Why do you believe they
will be successful or unsuccessful?
II. What legal defenses might Fred and Sally raise with regard
to the check written by Jane and delivered to the church? Why
do you believe they will be
successful or unsuccessful?
III. What, if any, civil claims do Fred and Sally have against
Jane based on her actions? Why do you believe they will be
successful or unsuccessful?
IV. Analyze the forms of bankruptcy available to the business in
this instance (assume the business entity is the same form as

you chose in Case Study 1).
What form is most appropriate and why?
V. Analyze the implications of a potential bankruptcy action on
the business assets (assume the business entity is the same form
as you chose in Case Study
1). Explain which, if any, are subject to forced sales, liens, or
forfeiture.
VI. Analyze the implications, if any, of a potential bankruptcy
action by the business on the assets of the individual family
members (assume the business entity is
the same form as you chose in Case Study 1). Explain if the
assets of business owners are subject to forced sale, liens, or
forfeiture.
VII. What legal recourse does Fred have against Bob for
infringement of intellectual property rights? Do you believe he
will be successful? Why or why not?
Case Study 3
Both Fred’s family and the business have rebounded from their
prior issues. Jane sought counseling for her gambling issues and
has worked hard to mend her
relationships with the family. Prior to cashing the forged checks
from Jane, Don was struck by lightning and experienced a
spiritual enlightenment. He willingly
returned the checks to Fred and Sally and promptly joined the
Peace Corps. Likewise, when the church found out the donated
check was a forgery, it was
immediately returned. Bob’s wife (also Sally’s best friend)
found out about Bob’s online sabotage and promptly remedied
the situation. Once Fred’s Miracle
Cough Syrup was back on track, the company’s growth was
exponential. Featured on a widely viewed talk show starring a

prominent doctor, online orders and
demands from big-box chains nationwide skyrocketed. Fred and
Sally have been told that now would be an ideal time to take
Fred’s Miracle Cough Syrup public.
The only distressing issue at hand involves Tammy, a local girl
who had been working as a delivery girl for the company. She
applied for Jane’s former job as
bookkeeper. Fred and Sally hired Ted, an experienced
accountant, instead, and Tammy has filed a claim of sex
discrimination against the company and Fred
personally. Fred and Sally are seeking your advice regarding
Tammy and the possibility of taking the company public.
Complete a legal analysis of the given facts, including the
following elements.
I. Evaluate three current or potential legal and/or regulatory
issues apparent in this fact pattern that might impact a public
offering.
II. Determine whether Fred's Miracle Cough Syrup is in
compliance with government regulations involving public
offerings by analyzing relevant laws and using
the appropriate legal test and facts given.
III. Support your conclusions and provide recommendations to
improve compliance and strategies for corporate growth.
Milestones
Milestone One: Case Study 1

In Module Three, you will read Case Study 1 of the final project
and respond in “memo” format to the client, addressing the
listed critical elements. This
milestone is graded with the Case Study 1 Rubric.
Milestone Two: Case Study 2
In Module Five, you will view the video resource on
bankruptcy basics. Then, you will read Case Study 2 of the final
project and respond to the client in “memo”
format, addressing the listed critical elements. This mil estone is
graded with the Case Study 2 Rubric.
Final Submission: Case Studies 1, 2, and 3
In Module Seven, you will read the module resources and then
respond to the remaining Case Study 3 critical elements,
incorporating your feedback from the
Module Six discussion topic. Submit the case study in a 4-7
page essay. Include rewrites of Milestones One and Two, and
submit all three case studies as a final
submission. This submission is graded with the Final Project
Rubric.
Final Project Rubric
Guidelines for Submission: Your three “memos” should be 4-7
pages each, double-spaced, with 12-point Times New Roman
font, and follow APA 7th edition
format for layout and citations.
https://www.youtube.com/watch?v=DXv-na6y8nE

Critical Elements Exemplary (100%) Proficient (85%) Needs
Improvement (55%) Not Evident (0%) Value
Case Study
1: Business
Entities
Meets “Proficient” criteria and
offers insight into the nuances
of each type of business entity
in relation to one another
Describes the main types of
business entities and their
defining characteristics
Describes the main types of
business entities, but does not
describe their defining
characteristics
Does not describe the main
types of business entities or
their characteristics
4.8
Case Study
1: Product
Liability
cites specific, applicable rules of

law
Applies product liability law to
determine issues and
recommends mitigating actions
Applies product liability law,
but does not recommend
mitigating
actions
Does not apply product liability
law to determine issues
4.8
Case Study 1:
Agency
Relationsh
ip
provides a thorough, step-by-
step analysis with specific
supporting evidence applied to
each element of the relevant
legal test
Applies elements and
characteristics of an agency
relationship to actions to

determine if an agency
relationship was created and
provides justification
Applies elements and
relationship to actions, but does
not determine if an agency
relationship was created, or
justification is not logical
Does not apply elements and
relationship to actions to
determine if an agency
relationship was created
4.8
Case Study 1:
Real Property
Meets “Proficient” criteria
and cites specific, applicable
rules of law
Identifies potential real
property issues based on the
location of the business on the
family farm and provides
justification for each
Identifies potential real

location of the business on the
family farm, but does not
provide justification for each
Does not identify potential
real property issues
4.8
Case Study 1:
Manufacture
of real property issues as they
pertain to business
Determines if the
manufacturing necessitates a
formal transfer of ownership or
possessory rights and defends
response
Determines if the
formal transfer of ownership
or possessory rights, but does
not defend response
Does not determine if the
formal transfer of ownership or
possessory rights

4.8
Case Study
1: Personal
Property
law
Identifies potential personal
use of Sam’s personal vehicle to
deliver the product and
provides justification for each
Identifies potential personal
use of Sam’s personal vehicle to
deliver the product, but does
not provide justification for
each
personal property issues
4.8
Case Study 1:
Liability Issues

and
of personal property issues as
they pertain to business
Determines if the use of a
personal vehicle exposes Sam
or the business to any liability
issues and defends response
Determines if the use of a
personal vehicle exposes Sam
or the business to any liability
issues, but does not defend
response
Does not determine if liability
issues are present
4.8
Case Study 1:
Estate Planning
law
Identifies potential estate
planning issues and

provides justification for
each
Identifies potential estate
planning issues, but does
not provide justification
for each
estate
planning issues
4.8
Case Study
1:Transfer
Ownership
offers insight into the
importance of estate planning
issues in business
Determines estate planning
vehicles available to transfer
ownership equally and provides
advantages and disadvantages
of each
Determines estate planning

vehicles available to transfer
ownership equally, but does not
provide advantages and
disadvantages of each
Does not determine estate
planning vehicle available
4.8
Case Study 1:
Business Entity
offers insight, based on
research, as to why the chosen
type of business entity would
be an appropriate choice for
Fred’s Miracle Cough Syrup
Applies legal and factual
analysis to form a
recommendation on an
appropriate business entity and
provides rationale
Applies legal and factual
analysis to form a
recommendation on an
appropriate business entity, but
does not provide rationale
Does not apply legal and factual

analysis to form a
recommendation
4.8
Case Study 2:
Legal Defenses
is well supported using
appropriate sources
Determines the legal defenses
with regard to the checks
written by Jane to Don and
explains why defenses would be
successful or unsuccessful
with regard to the checks
written by Jane to Don, but
does not explain why defenses
would be successful or
unsuccessful
Does not determine the legal
defenses with regard to the
checks written by Jane to Don
4.8
Case Study 2:

Church
is well supported with
appropriate sources
with regard to the check
written by Jane and delivered to
the church and explains why
defenses would be successful or
unsuccessful
with regard to the check
written by Jane and delivered
to the church, but does not
explain why defenses would be
defenses with regard to the
check written by Jane and
delivered to the church
4.8
Case Study 2:
Civil Claims
provides specific supporting

evidence applied to each
element of the relevant legal
test
Determines civil claims
availableto Fred and Sally
against Jane and evaluates
potential for success of those
claims
Determines civil claims
available to Fred and Sally
against Jane, but does not
evaluate potential for success
Does not determine civil claims
available to Fred and Sally
against Jane
4.8
Case Study 2:
Bankruptcy
and offers research to
illustrate why the chosen
types of bankruptcy would
be available based on the
chosen type of business
entity
Analyzes available forms of

bankruptcy based on the
chosen type of business entity
and determines which form is
most appropriate and why
Analyzes available forms of
bankruptcy based on the
chosen type of business entity,
but does not determine which
form is most appropriate or
why
Does not analyze available
forms of bankruptcy based on
the chosen type of business
entity
4.8
Case Study
2: Business
Assets
offers a nuanced insight into
the relationship between a
bankruptcy action by a
business and business assets
Analyzes implications of
bankruptcy on business assets
and explains which are subject
to forced sales, liens, or
forfeiture

bankruptcy on business
assets, but does not explain
which are subject to forced
sales, liens, or forfeiture
Does not analyze the
implications of bankruptcy on
business assets
4.8
Case Study 2:
Family Members
offers a nuanced insight into
the relationship between a
bankruptcy action by a business
and personal assets
bankruptcy on personal assets
of individuals and explains if the
assets are subject to forced
sale, liens, or forfeiture
Analyzes implications
of bankruptcy on
personal assets of
individuals, but does
not explain if the
assets are subject to
forced sale, liens, or

forfeiture
Does not analyze implications
of bankruptcy on personal
assets of individuals
4
.
8
Case Study
2:
Intellectual
Property
Righ
ts
law
Determines the legal recourse
Fred has against Bob and
explains why Fred will be
Determines the legal recourse
Fred has against Bob, but does

not explain why Fred will be
recourse Fred has against Bob
4.8
Case Study
3:
Regulatory
Issues
Meets “Proficient” criteria, and
choices are suitable and well
supported
Accurately evaluates three
current or potential legal
and/or regulatory issues in the
fact pattern that might impact a
public offering
Evaluates three current or
potential legal and/or
regulatory issues in the fact
pattern that might impact a
public offering, but evaluation
lacks accuracy
Does not evaluate potential

issues in the fact pattern
4.8
Case Study 3:
Legal Test
provides specific supporting
evidence applied to each
element of each relevant legal
test
Accurately determines whether
Fred’s Miracle Cough syrup is in
compliance by analyzing
relevant laws and using the
appropriate legal test and facts
given
Determines whether Fred’s
Miracle Cough syrup is in
compliance by analyzing
relevant laws and using the
appropriate legal test and facts
given, but determination lacks
accuracy
Does not determine whether
Fred’s Miracle Cough syrup is in
compliance

4.8
Case Study 3:
Recommendatio
ns
and uses discipline-specific
language to establish
expertise
Supports conclusions of law
and provides
recommendations to improve
compliance and strategies for
corporate growth
Supports conclusions of law,
but does not provide
recommendations to improve
compliance and strategies for
corporate growth
Does not support conclusions
of law or provide
recommendations
4.8
Articulation
of Response
Submission is free of errors
related to citations, grammar,

spelling, syntax, and
organization and is presented in
a professional and easy-to-read
format
Submission has no major errors
spelling, syntax, or organization
Submission has major errors
that negatively impact
readability and articulation of
main ideas
Submission has critical errors
that prevent understanding of
ideas
4
Earned Total 100%
Evaluating Results and Benefits – Week #3 Lecture 1
What do you think of when you think about an evaluation? Do
you immediately think about what you are doing right or wrong

and how you might improve? The evaluation process is essential
because it allows one to determine what is working and what is
not within the workplace while giving feedback for
improvement. Evaluation may focus on an individual, a team, or
department. Evaluation may also focus on a process. Regardless
of what is being evaluated, it is important to consider what is
going right, what may not be going right, and what can be done
to improve the situation overall.
First and foremost, it is important to decide who will be
conducting the evaluation. Some might immediately think that
management should conduct the evaluations, however, that is
not always the best route to take. Evaluations can be conducted
by internal staff, external third-parties, those involved in the
delivery of a service, by a peer, or even by the community. The
proper evaluator should be chosen based on the need for the
evaluation overall.
Once the evaluator has been decided upon, it is important to
determine the right time to conduct the evaluation. In the
instance of a project evaluation, it is important to all ow enough
time for the project to get underway before evaluating it. As
you know, any new project or process needs a little time to get
adjusted. However, it is important that you do not wait too long
where an investment could be lost due to poor management.
Taking the time to determine when an evaluation should occur
is an important role for management to consider. Remember,
when it comes to performance, timing is critical.
By definition, a needs assessment is a systematic process that
will determine and address the need for or the gaps present
between the current condition and the desired condition. The
discrepancy must be measured properly in order to determine
the need (Moseley & Dessigner, 2009). The needs assessment is
used in the planning process and can be used to improve many
aspects of the organization including individuals, teams, and

processes. The needs assessment is also a great tool to assist in
identifying issues that are preventing workplace success.
Organizations find the use of a needs assessment to be a
common assessment tool within the workplace as it has a solid
track record when it comes to organizational improvements. The
needs assessment is a tool that is easy and affordable for any
organization if conducted properly.
An impact evaluation is designed to provide feedback to help
improve the design of a program or policy within the workplace.
The impact evaluation looks at the well-being of those who are
directly affected by a project. This might be an individual, a
team, an investor, or even a community. Due to the difficult
nature of assessing these individuals, a group must be
developed that would mimic those at the receiving end of the
project or service. By doing this, the participants can be
monitored to determine their behaviors as a result of the product
or service. This evaluation method provides an estimated
observation of how well the product or service will work once
launched. In addition, feedback can be obtained prior to the
launch to ensure success overall (Moseley & Dessigner, 2009).
A full-scope evaluation offers human performance technology
professionals a choice of formative, summative, confirmative,
and meta evaluation methods. The full-scope evaluation method
is a diagnostic tool that assess the readiness of an organization
while preparing to implement a project or plan into the
workplace. The full-scope evaluation method is typically used
in the pre-planning methods to determine what the goals might
be and the challenges that could arise with the implementation
of the project or process. The results that occur from the pre-
planning evaluation will help to determine when further
feedback will be necessary and how often adjustments may need
to be made (Moseley & Dessigner, 2009).
The Kirkpatrick Taxonomy Model is also a beneficial tool used

in the evaluation process. There are four (4) levels to the
evaluation model. Level 1 measures reaction and the degree to
which participants react. Level 2 measures learning and the
degree to which participants acquire knowledge, skills, attitude,
and confidence. Level 3 measures behavior and the degree to
which a participant will apply what they have learned. Level 4
measures the degree to which the targeted outcomes occur as a
result of reinforcement (Moseley & Dessigner, 2009). This
method typically measures training and is important as it looks
directly at the employees and their ability to take from the
training to apply to the workplace. Understanding the ability of
your employees will provide you a deeper understanding of the
success of your organization.
The evaluation method that will be used will vary from
organization to organization, as well as project to project. As a
manager, understanding the various methods of evaluation will
provide you with the ability to stay ahead of the competition.
The understanding of these concepts will also help you to
develop a stronger bond among your employees to ensure
continued organizational success.
Resources:
Mosele, J. & Dessinger, J. (2009). Handbook of Improving
Performance in the Workplace. (Volume 3). Pfeiffer-Wiley
Week 3 Discussion 1Understanding Evaluation Methods
The Kirkpatrick Taxonomy Model is also a beneficial tool used
in the evaluation process. There are four (4) levels to the
evaluation model. Level 1 measures reaction and the degree to
which participants react. Level 2 measures learning and the
degree to which participants acquire knowledge, skills, attitude,
and confidence. Level 3 measures behavior and the degree to

which a participant will apply what they have learned. Level 4
measures the degree to which the targeted outcomes occur as a
result of reinforcement (Moseley & Dessigner, 2009). This
method typically measures training and is important as it looks
directly at the employees and their ability to take from the
training to apply to the workplace. Understanding the ability of
your employees will provide you a deeper understanding of the
success of your organization.
The evaluation method that will be used will vary from
organization to organization, as well as project to project. As a
manager, understanding the various methods of evaluation will
provide you with the ability to stay ahead of the competition.
The understanding of these concepts will also help you to
develop a stronger bond among your employees to ensure
continued organizational success.
Resources:
Mosele, J. & Dessinger, J. (2009). Handbook of Improving
Performance in the Workplace. (Volume 3). Pfeiffer-Wiley
To prepare for this Discussion, pay particular attention to the
following Learning Resources:
· Review this week’s Learning Resources, especially:
· Read Week 3 Lecture – See Word doc.
· Read Chapter 6-10 – See Word doc
Assignment:
Respond to two of your colleagues’ posts in one or more of the
following ways:
1. Ask a clarifying question about your colleague’s description
of their response
1. Suggest one or more additional feedback your colleague
could use regarding subject.
1. Relate an example from your own experience of a positive,
effective, and/or to what your colleague shared.
1. 3 – 4 paragraphs

1. No plagiarism
1. APA citing
1st Colleague post – Susan Christmas
Susan Christmas
Week 3 Discussion
Top of Form
Our discussion for Week 3 revolves around evaluations. We are
asked to choose which evaluation method would be the most
useful in our current workplace. Next, we are asked to justify
the need for the changes that we feel could be made to the
process to ensure a proper fit within the organization.
Needs Assessment
In thinking back to one of my latest employers, which has been
several years ago, there was a huge disconnect between
expectations and training received to meet those expectations. I
worked as a server in a brand-new restaurant that had been built
within a brand-new state park in Missouri. The initial intention
of this restaurant was to be a “higher-end” dining experience
but not quite a “fine dining” experience. However, the lack of
experienced leadership in such a setting resulted in an epic
failure. Customer satisfaction ratings were low and most of the
staff were incompetent due to lack of training. This was a super
tough situation for me to be in and ultimately, I chose to
transfer to a different department because no changes were
being made.
I believe this situation could have benefited from a needs
assessment, which is a form of evaluation. Our eBook defines a
needs assessment as a diagnostic process that is designed to
pinpoint the learning and performance needs of an organization
and how to address those needs appropriately. Data collection is
key to a needs assessment and requires data from the current
situation (including behaviors, processes, systems, and culture)

plus the desired situation so the gaps between the two can be
analyzed (Moseley & Dessinger, 2010).
Justification for the Changes
My justification for the changes is that the culture was
extremely toxic which led to poor behaviors and low
satisfaction for both customers and employees. A needs
assessment would have allowed a data collection process that
would have detailed the current situation plus the desired
situation. A focus could have then been placed on the gaps
between the two so that corrections could be made within the
organization.
References
Moseley, J. & Dessinger, J. (2010). Handbook of Improving
Performance in the Workplace, Measurement and
Evaluation (Volume 3) Hoboken: Wiley.
Bottom of Form
2nd Colleague post – Stephen Jarman
Stephen Jarman
Week 3 Discussion Thread Post - The Right Fit
Top of Form
Happy Week 3 everyone!
I know I have over-achieved on this week's discussion post and
apologize in advance. My only excuse is that when I get into a
topic like this one and start writing on it, the material pours out.
This week's assignment topic turned out like that, and for me, it
was an enjoyable hour of writing as it pertained to an event that
just happened today.
My Current Workplace
I found employment with Molnlycke Health Care in the state of
Maine at two manufacturing locations that are integrated – site
A sends the product to site B for finishing and sending the
product to the central distribution center. Site A was a supplier

previous to being acquired into Molnlycke seven years ago, and
has quite a different culture – more of a ‘family’ feel - than Site
B which has more of a corporate feel. My job description and
reporting structure are corporate, aligned as a global enterprise,
and dotted line to the local director. There have been two
previous persons in my role over the past eight years, the most
recent came and left in about 18 months. I have been in this role
for 19 months. There are differing expectations from the
corporate leadership team versus the local leadership team, as to
be expected, and I have grown comfortable operating in such an
ambiguous working environment as an internal and external
consultant. I am able to gain trust at the local level and also be
loyal to the corporate mission.
Evaluation Method Recently Used
As the Operational Excellence Manager for all Molnlycke sites
in the United States – two manufacturing sites in Maine, a
distribution center in South Carolina, and various contract
manufacturers in the United States – I am the go-to person for
conducting evaluations that are primarily focused on operations
performance. The type of evaluation that fits into the framework
of a performance evaluation is a cross between Needs and
Impact (Moseley & Dessinger, 2010). Timing for conducting a
performance evaluation (combo needs & impact) is two-fold. I
performed an evaluation for one of the organization's five core
capabilities of Operational Excellence (OpEx) at the end of
2021 across the Maine sites that were not acted on by the
operations director. My impression is that this OpEx evaluation
was ‘nice to know' but was not taken serious because it was not
a top-down directive. Also, I perceived that the director (who is
a high “D” on the DiSC scale, meaning on the outer edge and
not very adaptable) is highly protective of his turf, even stating
“…we’ve known and practiced [that core capability] long
enough to know everything there is to know about it…” and he
took no action on the recommendations for closing the gaps
identified.

Evaluation Method Most Useful
The evaluation method discussed was communicated, in fact,
just this morning across all global sites in the presence of the
local director’s two site managers by the local director’s boss,
the Vice President of Operations, with the expectation to
conduct the evaluation (you guessed it) that I have already
performed ‘unofficially’ in late 2021. Interestingly, the local
director sent a message to my direct boss (he’s an Italian who is
the director of global OpEx) that he was offended by the
mention during the presentation this morning that it is vital for
local leadership to be supportive of conducting an authentic
evaluation and having resources directed to close the gaps in the
evaluation! My direct boss and I speak regularly and he already
knows quite a lot about the local director’s demeanor and his
areas of focus (only getting the numbers vs. humans as assets)
Justification for the Selected Evaluation Method
There’s a saying from one of my previous managers that “the
boss is the only real change agent” and as an HPT practitioner
with little or no resources of my own, so what happened today
can and often does make the difference between getting things
done or not. In the case of this particular OpEx core
competency, the local organization in Maine has had a blind
spot – really an organizational cognitive dissonance – of what
they believed the competency was and the reality of what the
competency is. To perform to the expected levels required to
close the gaps identified in the evaluation, the behaviors of the
director, the two site managers, and a host of other people will
have to change. In my experience, there are three vectors that
co-exist to enact change such as this one that is going to be
required: i) physical changes (new tools such as visuals,
indicators, trend charts…), ii) operational changes (using the
physical tools in a routine way, i.e., behavior change), and iii)
cultural change (which is the outcome of i & ii) – this is the

P.O.C. model. As an adjunct to the P.O.C. model is what I call
the ‘fake it ‘til you make it’ model where the HPT practitioner
put the physicals in place and has the skills and sensibilities
that ensure the target audience (the bosses) behave in
accordance with the physicals even though at first they will not
understand how they drive improved outcomes. With enough
practice and with enough faith in the HPT practitioner to follow
his/her coaching, the outcomes will happen in ways that can be
very positive. Case in point: after this morning’s video
conference with the boss’s boss, I shadowed one of the site
managers (the younger, newer, and more compliant one) to
behave with one of the most basic physical tools in his hand.
The dialogue that ensued with a very tenured and outspoke front
line operator was a positive but tense ‘banter’ and by the end of
the 30-minute dialogue (which will work down to 10 minutes
daily with practice), the site manager discovered that an
imminent problem would happen on Monday of next week. We
call that ‘looking around corners’ – just minutes before this
happened, the skeptical operator stated “you can’t predict the
future of everything that will go wrong. The site manager
walked back to his office and was beaming about the experience
and his avoidance of yet another problem that was waiting for
him early next week.
This thread is much longer than the discussion assignment asks,
but I also wanted to articulate for myself the experience that I
had that also fit into the scope of the assignment.
Stephen
References
Moseley, J. & Dessinger, J. (2010). Handbook of Improving
Performance in the Workplace, Measurement and
Evaluation (Volume 3) Hoboken: Wiley.
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