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Classmate’s Posts (DB4).
(Needs just like some comments)
Robert Dlugaszewski
1) Criminal laws are the laws that define wrongs against a
society and civil laws are laws that
define the rights of one person against another (Textbook,
Glossary) and in the criminal case
against OJ Simpson the verdict of not guilty came from the jury
that had to all agree on a verdict
and the facts presented in the case that there was reasonable
doubt about the DNA evidence
and the alleged misconduct by the LAPD were enough to push
the jury toward a not guilty
verdict. Where as in the civil case against OJ Simpson the jury
finds Simpson liable for the
murders based on the same facts presented in the previous trial
but in a civil case the majority
vote gets the verdict and in this case they deemed his reasoning
of alleged misconduct by the
LAPD inflammatory and speculative.
2) In the Criminal case for OJ Simpson it was the People of the
State of California and in the
civil case for OJ Simpson it was the families of the victims,
Nicole Brown Simpson and Ronald
L. Goldman.
3) Just like in the OJ Simpson case even though someone is
acquitted of a crime doesn't mean
that they didn't commit the crime it's just that the evidence
wasn't substantial enough to prove
the defendant not guilty, that the evidence was obtained
illegally, and the list goes on about
ways that guilty people get away with things based on legal
rights or even in some cases just
luck, but either way they should be held liable in a civil case so
that when they do "get away with
murder" the parties affected by these actions can get
compensation for their troubles.
Sina Abbasi Kammasai
The differences between the two cases impacted the verdicts for
many reasons. First one being in the
criminal trial OJ wasn’t required to testify, so he decided not to,
but in the civil trial he was required to
testify because of the plaintiffs’ option which forces him to
testify. Another difference between the two was
that in the criminal trial a conviction for OJ required a finding
that he committed the murder beyond any
reasonable doubt whereas in the civil case and a guilty verdict
for OJ only required 9 out of 12 votes and
“the basic legal standard being that in all probability Mr.
Simpson committed the slayings” the keyword
being probability.
The party in the criminal case against OJ was the state of
California which was charging OJ for the
murders of Nicole Brown and her friend Ron Goldman, the
reason the state was the party involved in the
criminal case is because as stated in the textbook, “A crime is a
wrong of such serious nature that the
appropriate level of government steps in to prosecute and
punish the wrongdoer to deter others from
engaging in the same type of conduct”. (Textbook, pg.132, para
8-1b). The parties that were against OJ in
the civil case were the families of Nicole Brown and Ron
Goldman, they had the right to sue civilly
because when the act that is committed as a crime causes harm
to an identifiable person, that person
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ction=list_messages&course_id=_133825_1&nav=discussion_bo
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may recover from the wrongdoer for monetary damages to
compensate for the harm (Textbook,
pg.132,para 8-1b)
I do believe a person can be held liable off the same exact facts
in a civil case because a civil case is
more personal, meaning it’s the families or person that harm
was done to taking action against the
wrongdoer, so they are the ones personally getting the attorneys
they want to represent them so those
attorneys might be able to use the same facts and present them
to the court in a better way or find more
in depth details and do an overall better job than the state.
Nicholas Karwoski
The difference between criminal law and civil law played a
huge role in the verdicts of the OJ Simpson
case. A crime is a wrong that comes from a violation of public
duty, whereas a tort that is in question in
civil cases is a wrong that comes from a violation of private
duty. When a crime happens the government
steps in to prosecute and punish the wrongdoer to deter that
person from repeating the act. (Section 8-1b
para 1) There are three different types of torts there is
intentional torts, negligence, and strict liability.
(Section 8-1c Para1 Online) In the OJ Simpson cases he was
charged for murder as well as civilly sued
by Nicole Browns family. I think it is much easier to make a
person pay money than it is to send someone
to jail for the rest of their lives and is why the cases turned out
the way they did. The jurors knew that he
had a large amount of money, so it was easy for them to find
him guilty and make him pay the Brown
family even if they were not exactly for sure that he did commit
the crime.
The party that brought the criminal case against OJ Simpson
was the prosecution of the state of
California. The party that brought the civil case against OJ
Simpson would be the plaintiff which in this
case was Nicole Browns family. In both cases OJ Simpson the
defendant was the other side of the party.
I do not think that a person should be held liable in a civil case
if they were acquitted in a criminal case. If
the same exact facts are presented in both cases, they should not
have to go through another trial. It is
unfair to have a person defend themselves in a second case if
they were already proven not guilty in the
first case. In OJ Simpsons case he had a large amount of money
but many people do not so you would
be ruining their life even though they already were acquitted of
the crime.
Reese Murphy
1. The first thing to do to fully answer this question is to
understand the difference between criminal and
civil law. Criminal law as defined by Cornell Law School is a
system of laws concerned with punishment
of individuals who commit crimes. With that being said, civil
law is anything that is not at criminal matter,
commonly labeled as a dispute. OJ was found liable of the
murders in civil court brought on by the
families of the victims. The difference between criminal and
civil law comes down to monetary
compensation in this trial. If he were found guilty in the first
case, which would have been criminal, he
would have gotten jail time. He was found liable in the civil
case, meaning that he had to pay millions to
the families and turn over all of his assets.
2. In the criminal case, the video states that there were 12
people on the jury, 4 being men and 8 being
women. He had a team of attorneys, including Robert
Kardashian. The case lasted 8 months and the
decision was made by the jury in under 4 hours. In the civil
case, the families of the victims are going
after him, claiming he is liable for the deaths of the two
victims. Simpson was ordered to pay over millions
to the families and forfeit his assets.
3. I do not. If they were guilty of what they were held to trial
of, and were acquitted, then that is the fault
of the court and jury. This is a very easy and simple answer, as
it is the 5th amendment in the bill of
rights. It is called double jeopardy: "...nor shall any person be
subject for the same offense to be twice
put in jeopardy of life or limb..." The 5th amendment is also
referenced in the text (textbook chapter
contents term 12). Despite if the first case is criminal and the
second is civil, if the case is based on the
same "exact" facts, then that is is double jeopardy to try them
again. With that being said, I believe there
are special circumstances such as OJ's case. OJ was acquitted
in the criminal case despite the
overwhelming evidence against him, essentially with blood
leading right to his doorstep and all over his
Bronco. The family was not made whole, so they took it up in
civil case as more of a "liability case".
Restitution paid to the victims will benefit the families, whereas
the verdict in the first hearing does not do
them any good (textbook 7-1d paragraph 1)
Re
1
Total Rewards Briefing
Total Rewards (HRM 533)
Presented As First Course Assignment to:
Dr. Gary Lorenzo Wash
Strayer University
Presented by:
Tonya Palmer
Agenda of the Presentation
Po provide an insight of the management elements
The presentation discusses the reward design and
communication.
sales force compensation will also be addressed in detail
The last HR element that will be discussed the strategy of
preparing the benefits of total reward system.
Total Rewards Briefing 2
This presentation is aimed at giving out an insight concerning
management elements.
It discusess the reward design and communication which are
appropriate for organizations to use.
2
Summary
The total reward system is an important human resource
strategy used for recruitment, motivation and keeping the
employees.
The total reward system comprises of three elements are
reward design and communication, sales force compensation,
and finally the work-force benefits.
Total Rewards Briefing 3
The total reward system is a significant human resource
approach used for recruitment, motivation and keeping the
employees.
The total reward system comprises of three elements are
reward design and communication, sales force compensation,
and finally the work-force benefits.
3
WorldatWork Total Rewards Model Elements
The first element is the compensation which are the ways in
which employees of an organization earn their income.
The second element is the professional Development and
recognition which seek to ensure that the employees advances
their skills to meet the emerging organization requirements
(Goh, 2017).
The third element to work-life balance which enables the
workers to meet their personal objectives
The forth element is the benefits that an employee gain by
working for an organization
Total Rewards Briefing 4
Some total rewards elements include compensation which are
the ways in which employees of an organization earn their
income.
Another one is the second element is the professional
Development and recognition. The third element to work-life
balance which enables the workers to meet their personal
objectives and the forth element is the benefits that an employee
gain by working for an organization
4
Total Reward Design and Communication
The element helps to improve the relationship among employees
and also between the employers and employee (Goh, 2017).
The organization improve the employee relation through
compensation, bonuses, and performance awards.
Also the organization can arrange for health benefits,
retirements savings, a and work-life.
Lastly, employee can further their education through the
education programs.
Total Rewards Briefing 5
The total reward design and communication helps to improve
the relationship among employees and also between the
employers and employee (Goh, 2017).
The organization improve the employee relation through
compensation, bonuses, and performance awards. Also the
organization can arrange for health benefits, retirements
savings, a and work-life.
5
Motivation program types for a sales force.
Through the use of total reward system, an employee can get
motivated through various ways.
First an organization can use incentives related to the job such
as vocation time ("Developing a Total Rewards Strategy,"
2015).
Also, tangible incentives can be awarded to the employees.
These can be different prizes.
Lastly, incentives that relates to experiences can also be
awarded.
Total Rewards Briefing 6
An employee can get motivated through various ways if total
reward system is applied in an organization
(discuss the content in slides)
6
Cont.
7
Motivation creates a positive attitude of an employee towards
work.
Language learners have very different objectives for language
learning.
Many scholars have found a strong relationship between
motivation and language learning achievement.
7
Behavior programs for sales force
The behavior programs should be a focus of sales’ department
leaders.
One behavioral program is respecting the time for change which
provides that sales managers and leaders should not succumb to
pressure but rather empower the sale’s force to make sound
decisions ("Developing a Total Rewards Strategy," 2015).
Communication is also the key for the sales force to be
rewarded.
The sales force should behave in a manner that supports their
colleagues and the department.
8
The behavior programs for sales force should be a focus of
sales’ department leaders.
One behavioral program is respecting the time for change which
provides that sales managers and leaders should not succumb to
pressure but rather empower the sale’s force to make sound
decisions ("Developing a Total Rewards Strategy," 2015).
8
Reward program for sales force
Reward programs for sales force encourages them to work with
loyalty.
An internal reward should focus on recognizing top performance
as well as offering creative perks to the team (Shields, 2012).
An example of reward program that can be used is promoting
the specific individuals as a means of acknowledging their
positive contribution in sales.
9
The reward programs for sales force encourages them to work
with loyalty.
An internal reward should focus on recognizing top performance
as well as offering creative perks to the team (Shields, 2012).
9
The compensation, benefits and work-life
The figure alongside demonstrates the relationship between
compensation, benefits and work-life.
10
Cont.
Compensation
Compensation is the pay that the employer gives an employee
for services rendered.
For example salaries and wages.
Benefits
These are programs an employer uses to supplement the cash
compensation that employees receive
They are meant to protect the employees and their families from
financial risks
Work-life
These are specific set of organizational practices, policies, and
programs, plus a philosophy that actively supports to aid in
employees achieve success at both work and home.
11
Compensation is the pay that the employer gives an employee
for services rendered.
For example salaries and wages.
Benefits
These are programs an employer uses to supplement the cash
compensation that employees receive
They are meant to protect the employees and their families from
financial risks
Work-life
These are specific set of organizational practices, policies, and
programs, plus a philosophy that actively supports to aid in
employees achieve success at both work and home.
11
Strategic plan for creating benefits programs.
Begin the employee benefit program to include all the mandated
benefits.
Consider the optional benefits necessary to include such as
health insurance and flexible compensation plans (Shields,
2012).
Consider increasing more benefits to the program.
Evaluate the benefits that are most significant to the employees.
Total Rewards Briefing 12
Strategic plan for creating benefit programs are essential in
undertaking the entire process. Hence, the relevant parties
should begin the employee benefit program to include all the
mandated benefits, consider the optional benefits necessary to
include such as health insurance and flexible compensation
plans (Shields, 2012). Alo, they should consider increasing
more benefits to the program and lastly, evaluate the benefits
that are most significant to the employees
12
Cont.
13
The benefits of strategic planning promotes proactivity. Hence,
employees work hard to ensure that the organization meets its
objectives.
These aspects involves both internal and external stakeholders
who creates advocacy for the program.
Furthermore, benefits strategic planning promotes stability of
the organization as time goes by.
13
Conclusion
The total rewarding system enables the organizations to improve
performance.
There is a great relationship between compensation, benefits,
and the manner in which the employees work.
The workforce benefits encourages employees to work harder to
achieve the organizational objectives.
Hence, the total reward system is an important human resource
strategy used for the recruitment, motivation and keeping the
employees.
Total Rewards Briefing 14
References
Developing a Total Rewards Strategy. (2015). The WorldatWork
Handbook of Compensation, Benefits & Total Rewards, 18-27.
doi:10.1002/9781119196600.ch3
Goh, A. C. (2017). Practical Approaches to Total Rewards
Management.
Shields, J. (2012). Reward management. Human Resource
Management in a Global Context, 243-284. doi:10.1007/978-0-
230-35885-0_11
Total Rewards Briefing 15
Week 3 Assignment 1 Submission
Hello Tonya
Thanks for completing our first course assignment. I
appreciate the work you have done with the presentation as it
clearly shows that you have addressed the key topics with some
useful information. Still, there needs to be some attention
given to some issues in the presentation as follows:
Bullet points on agenda slide have errors and are a bit
inconsistent.
The summary should be the conclusion and not be the 3rd
slide of the presentation.
The citation on the 4th slide is improperly set up.
Citation error on slide 5 .
Slide 7 image needs to be cited since it was retrieved from a
source.
Image not cited on slide 1 0
Can barely see page numbers on some slides.
Other images and information not properly cited throughout the
presentation.
So, that sums up the feedback Tonya. The goal is to try and
avoid similar call outs made above so that we can have better
results for our other assignments. Don’t forget the resources
available in our student center and reading all my
announcements and viewing the videos.
Running head: PLANNING BENEFITS STRATEGICALLY
1
PLANNING BENEFITS STRATEGICALLY
2
Planning Benefits Strategically
Tonya Palmer
Dr. Gary Lorenzo Wash
Total Rewards
March 3, 2019
Planning Benefits Strategically
Benefits planning is an important part of the operational plan of
a future-oriented organization. Through a benefits plan, an
organization identifies different categories of employees within
the organization and determines the total benefits that they are
entitled to receive. A benefits plan covers an employee’s basic
remuneration in terms of their salaries as well as other common
benefits that they may receive such as health insurance and
retirement planning. When efficiently designed, a benefits plan
can act as a tool that is used to improve employee motivation,
and consequently their productivity within an organization. A
benefits plan can also be used as a tool for ensuring employees
focus on the long term goals and objectives of the organization,
by the inclusion of these goals in the benefits program. A
benefits package is designed in a way that takes into
consideration both the external and as well as the internal
factors that affect an organization’s operations. When
strategically designed, a benefits program can enable an
organization to achieve its long term goals and objective while
keeping operating costs are a minimum.
External and Internal Forces that Influence a Benefits Program
An external factor that can influence the impact of an
organization’s benefits program includes the benefits that
similar organizations give their employees. According to
Nickerson and Zenger (2008), employees usually compare their
benefits to those of employees from other organizations, and
any perceived injustices can affect their motivation. An
organization, therefore, has to continuously adjust its benefits
program in line with recent trends in its industry. Externally,
the performance of the economy and what the benefits an
employee receives will be able to do for them also determines
how they will perceive the benefits package that they are
entitled to. If the government, for example, adjusts the
minimum wage, affected companies will have to adjust their
benefits packages accordingly. Organizations, therefore, have to
continuously adjust their benefits packages in line with changes
in the benefits that other organizations provide as well as
changes in economic conditions.
Internally, the productivity and workload of employees will also
determine their benefits expectations, which consequently may
force an organization to make salary and bonus adjustments.
According to Kahn and Lange (2014), there is a relationship
between productivity and employee benefits. Employees who do
more for an organization expect to receive more from the
organization by way of bonuses and salary increments. This
means an organization needs to consider the productivity of
employees when designing its benefits package, as a way of
keeping the hardworking employee motivated and encouraging
productivity. Internally, the workplace culture also determines
the benefits package that an organization designs for employees.
Organizations that have a culture of keeping employees
motivated are more likely to record higher productivity and as a
result, may have higher benefits packages in comparison to
organizations that do not. According to Sandhya and Kumar
(2011), employee engagement and motivation is one of the most
effective ways of improving employee productivity and
consequently remuneration. Internally, therefore, how an
organization motivates its employee could impact on the
structure of their benefits program.
Key Ways that an Organization can Use to define its Benefit
Management Philosophies
A key philosophy that an organization can use when designing a
benefit program is the identification of the coverage in terms of
insurance that employees are supposed to receive and what
portion of this will be met by the organization. An organization
needs to make a substantial commitment in terms of the
insurance coverage that employees will receive from the
organization, in addition to the required contribution that the
employee themselves is supposed to make. A key consideration
made in determining the coverage includes the industry trends,
as determined by what competitors are providing, as well as
terms that are likely to be offered by insurers.
An organization also needs to consider whether its benefits
package is meant to encourage employees to be more productive
and motivated. Most organizations now days offer performance
pay that is meant to encourage employees to be more productive
due to the high bonuses that they will receive as a result
(Lemieux & MacLeod, 2009). When designing its benefits
philosophy, an organization needs to consider whether, in fact,
it should use its benefits program as a way of motivating
employees. This will aid in determining the most effective
benefits program for the organization that takes into
consideration the features of an organization’s industry.
An organization also needs to consider the cost of its benefits
program and how well it suits the needs of the organization. An
efficient benefit program should be both affordable and
competitive for an organization. This means the organization
should be able to pay employees on time without delay, but
should also have a competitive package that can attract and
retain the best talent in its industry. This can also be best done
by comparing what other firms in the industry are paying their
employees and designing a benefits package that is both
comparable and is within the budget of the organization.
Comparing and Contrasting the Top Down and Backing In
Strategies of Benefit Management
The backing in approach is used in organizations where
decisions are made at different levels in an organization, which
makes it difficult for the executives of the organization alone to
design the benefits package. This approach involves a strategic
planning process that involves the analysis of key problems that
the organization may be facing in terms of remuneration and the
design of a suitable benefits package that will address all these
challenges. The design of the actual benefits package is done
through a consultation process that involves many different
people in an organization. Using this method, key questions that
relate to the problems being addressed are identified and used
as a basis of solving the benefits problem that the organization
may be dealing with. In comparison to the top-down approach,
the backing in approach is more complicated and requires more
resources in form of time. It also requires the analysis of key
issues facing an organization before the benefits package can be
designed.
The top-down approach, on the other hand, requires an
organization to consider the key goals and objectives of an
organization before designing a benefits package. The benefits
program selected for different groups in the organization needs
to support the long goals and objectives of the organization.
Different employee groups are identified within an organization
and the benefits package is designed in a way that will enable
the organization to achieve its long term goals and objectives.
Key considerations made in designing the benefits package are
the contextual factors that currently exist for different employee
groups within the organization. The business needs of the
organization determine the design of the benefits package. The
executive leadership of the organization usually make most of
the key decisions that relate to the benefits package. It usually
takes a shorter time to complete when compared to the backing
in method. The top-down method is, therefore, less complicated
than the backing in method, and requires less time and resource
to complete.
Outcomes of Strategic Benefits Planning Initiatives
A key benefit of the strategic planning of the benefits program
of an organization is improvements in the operational efficiency
of the organization, which consequently leads to goal
achievement and a reduction in the operating costs of an
organization. By designing its benefits package to be in line
with long term goals and objectives, an organization ensures
employees are well motivated for their various roles and receive
comparable salaries to other employees in competing
organizations within the same industry. This also enables the
organization to efficiently use its resources in motivating
employees and consequently improving productivity. Key
employee positions that contribute the most to the success of
the organizations are identified and competitive remuneration
plans can be used to boost their productivity.
The strategic planning of an organization’s benefits program
also enables the organization to focus on long term goals and
objectives. By designing a benefits package that takes into
consideration the strategic focus of an organization, the human
resource function of the organization is structured in a way that
is focused on the long term goals and objectives of the
organization which consequently ensures key organizational
activities are designed in a way that emphasizes those goals.
This gives the organization a sense of direction that guides its
key activities and ensures key organizational resources are
spent on the most important activities of the organization.
The strategic planning of an organization’s benefits package
also enables the organization to focus on the future and as a
result, ensure it is in a position to meet the changing needs of
the human resource market. Unfavorable changes may take
place from time to time that could not have been foreseen by the
organization. Strategic planning enables an organization to plan
for these situations well in advance in order to be in a position
to handle them when they eventually take place. This ensures
the organization is proactive and is able to respond to situations
immediately when they arise in an effective way.
Conclusion
Benefits planning plays an integral part in the operations of an
organization. Through a comprehensive benefits program, an
organization is able to ensure that it provides its employees
with a competitive remuneration package that is comparable to
industry standards and can act as a motivational tool for
improving productivity. Efficient benefits planning also enables
an organization to emphasize its long term goals and objectives
to employees, which consequently ensures that all
organizational resources are dedicated to key goals and
objectives that have been outlined in an organization's strategic
plan. An effective benefits plan, therefore, ensures that
employees are well motivated and are in a position to help the
organization achieve its long term goals and objectives.
Through the program, an organization is able to define the
requirements of each role and as a result, identify suitable
candidates for the role and compensate them as per industry
standards.
References
Kahn, L., & Lange, F. (2014). Employer learning, productivity,
and the earnings distribution: Evidence from performance
measures. The Review of Economic Studies, 81(4), 1575-1613.
Retrieved from https://academic.oup.com/restud/article-
abstract/81/4/1575/1576902
Lemieux, T., & MacLeod, W. (2009). Performance pay and
wage inequality. The Quarterly journal of Economics, 124(1), 1-
49. Retrieved from https://www.nber.org/papers/w13128.pdf
Nickerson, J. A., & Zenger, T. R. (2008). Envy, comparison
costs, and the economic theory of the firm. Strategic
Management, 29(13), 1429-1449. Retrieved from
https://onlinelibrary.wiley.com/doi/abs/10.1002/smj.718
Sandhya, K., & Kumar, D. (2011). Employee retention by
motivation. Indian Journal of Science and Technology, 4(12).
Retrieved from
https://pdfs.semanticscholar.org/314b/bb852bc7754df0ecb07f7d
3ef2ba36ad0727.pdf
Running head: SALES FORCE COMPENSATION
1
SALES FORCE COMPENSATION
10
Sales Force Compensation
Tonya Palmer
Dr. Gary Lorenzo Wash
Total Rewards
February 17, 2019
Sales Force Compensation
Introduction
WorldatWork refers to a global association focusing on human
resource management experts and business leaders. Its main
objectives revolve around the attraction, motivation, and
retention of employees. The total rewards provided by the
organization are six in number, but the paper will focus on five.
They comprise of work-life effectiveness, professional
development & recognition, talent development, compensation
& benefits, and performance management.
The Total Reward Components by WorldatWork
Compensation and Benefits
These are the first total rewards in the tool kit of WorldatWork.
When one talks about compensation, it is significant to identify
possible approaches used by an organization to provide its
employees with salaries, remunerations, and allowances among
other benefits. It comprises of hourly wages and base salaries.
Additionally, it may include benefits such as bonuses and profit
sharing after a company has done well in the market. Benefits
also have reference to options and mandatory programs
provided to employees. Compensation and Social Security is an
example of necessary programs. Compensation and benefits are
significant for motivating high performance among the sales
force. When an organization can provide the best salaries and
benefits to employees, they may spend a substantial amount of
time (extra hours) without complaints to deliver the required
services and products for the market. Employees may become
loyal and may have active engagement in the decision-making
process (Zhou, Zhao, Tian, Zhang, & Chen, 2018). This means
that an organization will have the capacity to deliver the desired
sales results within the shortest period and use limited resources
in doing so.
Work-Life effectiveness
The reward has reference to the provision of employees with
opportunities to meet their professional goals. This may be seen
through an example of allowing employees to either come to
their work early or leave late. The reward may occur to enable
them to deal with their issues. They may have involvement in
getting their kids on the bus and having to attend school events
belonging to their children. Employers have the powers to
establish programs that allow employees to volunteer on a part-
time base. Another provision may include stress-management
resources. The above reward is significant in ensuring that
employees can manage and balance their lives in the
professional sector and the domestic environment. It facilitates
them to develop good relations with their family members while
at the same time perform well in the workplace (Dhar, 2015).
Employees have an opportunity to grow and meet personal goals
besides having work to do relating to their employers.
Professional Development & Recognition
It deals with opportunities relating to the learning and
advancement processes. It provides employees with tuition
reimbursements, defined advancement tracks, and mentorship
programs. An organization may decide to cover costs for
employees to receive the needed online course. Recognition
entails acknowledging the performance of employees.
Employees perform well when they are recognized. This is
because they tend to think that an organization appreciates their
position in the workplace. Professional development motivates
employees to feel that an organization wishes them well and is
involved in making them grow in terms of their careers.
Talent Development
Talent development involves the process of ensuring that
employees can develop their expertise and talent through
mentorship programs and training capacity. The reward works
in the same way as the professional development reward. This is
because it focuses on talent. Employees may be endowed with
strengths in sports, art, music, and dance. An organization such
as WorldatWork which focuses on the talent development of
employees may develop them wholly. They may become
significant people who may create change in their workplace
and their social environments (Mamede, Ribeiro, CIGS, Gomes,
& Rego, 2014). Talent development provides employees with
satisfaction knowing they have an opportunity to grow their
strengths and personality.
Performance Management
Performance management looks into the way employees work
and delivers professional results in their workplaces to ensure
the development of an organization. It focuses on strategies
employed by employees to ensure that their organization
remains competitive. Employees should have the capacity to
become independent and to be engaged in decision making in
the organization. This makes them feel valued in driving the
organization forward. It influences employees to become careful
in delivering services and products to the market.
The Behaviors of the Salesforce as per the Compensation Plan
It is crucial to note that the compensation plan directly impacts
the sales force in an organization. The compensation plan may
be used to determine the amount of products sold and the profits
generated by the compensation plan. The way a sales team
receives compensation determines the bottom line of an
organization. With the above in place, it is important to note
that not every compensation plan is perfect. The are numerous
pros and cons that impact the behavior of compensation plans
on employees. Employees are provided with a commission for
them to become motivated to sell more products and services.
A well-designed sales compensation framework reinforces an
organization way of achieving goals. It ensures that an
organization acquires the desired strategic plan. It takes into
account the various conditions that affect the ability of a
company in producing results about sales. Salespeople have the
capacity of competitors in their nature. They always want to
win. This makes it mandatory for an organization to focus on
knowing the direction of its business. The main reason is that
the business may end up in the wrong hands and the wrong
direction (Greguras & Diefendorff, 2009). The organization’s
sales incentive should be simple in the business environment.
Despite the above, it is crucial to consider the different factors
that are involved in affecting the behavior of people. This
occurs when it comes to considering the effects of performance.
It also looks into the incentive pay affiliated with performance
measure. In the case of behavioral traits of the salesforce, a
compensation plan should link the incentive pay and the
performance of the salespersons as reiterated above.
The above strategy is undertaken to avoid behaviors that are
unexpected during the sales process. Some of the significant
salesperson behaviors may be several. Among them include
objectivity, reliability, clarity, communication, and fairness.
Others may comprise of quantity, informativeness, measurement
review, and agreement. This means that organizations through
their compensation plans should measure the outcome of the
behavior of their salespersons. This makes it possible for an
organization to operate well without having to worry about the
salespersons (Vispute, 2013). A compensation plan that looks
into the performance of the employees may influence others to
continue working hard and to provide the organization with the
needed results. It also initiates transparency and effective
communication among the various individuals that work as
salespersons.
Value Proposition and Achievement for Employees
The value propositions, in this case, are the guiding principles
towards the situation. Value proposition refers to the capacity
of employees to deliver the best results in their work
environment and to become relevant in their social settings. It
is crucial to note that the employees that leverage a total
rewards package may turn out to be the best employees in the
professional environment. This is because a fully satisfied and
motivated employee can create change in the organization they
work for daily. An employee who receives the needed
remuneration package and benefits may be able to remain loyal
to an organization in the future and current status of the
organization. It may become hard for competitors to porch such
employees from an organization they work for in the market.
When it comes to training, employees are always in need of
advanced knowledge to better their careers (Inabinett & Ballaro,
2014). These skills are not only applicable to them but
organizations at large. The organizations in the market depend
entirely on the skills provided to them by their employees for
them to become relevant in the market.
The above factor means that employees have to be trained to
provide advanced skills that boost the competitive status of the
organizations. Therefore, training provides an organization with
a future capability of becoming a change marker in society.
Talking of talent development, employees have other skills that
are not associated with their professionalism. An organization
that focuses on strengthening their talents motivates employees
to remain competitive and for them to perform well because
they feel valued by an organization. Talents may be used to
improve the corporate social responsibility of an organization
and market the organization to the market.
Work-life effectiveness if leveraged ensures that an employee
becomes a person who can balance the career and personal life.
It gives one an opportunity to define their strengths and use
them to improve the professional environment (Ozolina-Ozola,
2014). This serves as an advantage to the performance reward
points. Employees can become diverse in terms of handling
their work and their personal lives. Recognized employees can
feel appreciated, and they may continue to perform well amidst
challenges affecting their professional environment. From the
above, it is evident that the process of leveraging a total
rewards package by employees influences them to become
valuable in the market.
Type of Plan to Create at WorldatWork
The organization has done an excellent job through the
introduction of its rewards package. When it comes to my
additions, I will look into a plan that focuses on aligning the
organization’s objectives with family values. An organization is
a massive component of employees that function as a family.
The organization represents a family unit while the CEO and the
senior managers represent the father and the mother.
WorldatWork’s employees represent the children, and its
competitors may refer to the stakeholders around it such as
neighbors. The operations of the organization relate to the daily
life of the family. With the above analogy, the plan focuses on
developing strong relationships among employees. It focuses on
creating effective communication and transparency in
conducting decision making. Employees need to have an open
door family whereby they can communicate with each other
about but using professionalism ethics. Employees should think
of their positions and relationships with colleagues as necessary
in the current and future development of their organization.
During social events at the organization, it is crucial for the
employees to feel that they are home and they may be free to
interact with everyone without having to feel limited in their
capacity (Ozolina-Ozola, 2014). This means that they may have
the opportunity to bring their children to such events and letting
them play with each other. It is through the above that an
organization can become a full component in terms of acquiring
its desired results and the goals of its employees.
When it comes to future salespeople, they are sorted. The plan
attracts them to remain loyal to the organization and their
colleagues. The salespeople may consider selling the goods as
their own. This means that they may try as much as possible to
ensure that they do not make mistakes in their work. They will
create various opportunities in the sales processes that may lead
to revenue generation and the boosting of profits. Salespeople
may also create a dynamic way of relating to customers which
may increase their capacity to sell more products in the market.
This may influence growth and at the same time ensure that the
salespeople can be promoted for their contribution to the
professional environment of their organizations.
Conclusion
It is significant to understand that WorldatWork has done an
excellent job trying to create reward packages for the market.
This creates a saleable aspect among products and the people
involved in making it possible that products reach the market.
Salespeople can focus on their value in the market while such
an organization can create a value proposition that is
advantageous to its current and future growth. When an
organization has an effective plan, it means that it becomes
relevant in its operations.
References
Dhar, R. (2015). Service quality and the training of employees:
The mediating role of organizational commitment. Tourism
Management, 46,, 419-430.
Greguras, G., & Diefendorff, J. (2009). Different fits satisfy
different needs: Linking person-environment fit to employee
commitment and performance using self-determination theory.
Journal of Applied Psychology, 94(2), 465–477.
Inabinett, J., & Ballaro, J. (2014). Developing An Organization
By Predicting Employee Retention By Matching Corporate
Culture With Employee's Values: A Correlation Study.
Organization Development Journal, 32(1), 5-12.
Mamede, C., Ribeiro, N., CIGS, E., Gomes, D., & Rego, A.
(2014). Leader’s moral inteligence and employees’ affective
commitment: the mediating role of transformational leadership.
In XXIV Luso-Spanish Conference on Scientific Management,
3-11.
Ozolina-Ozola, I. (2014). The impact of human resource
management practices on employee turnover. Procedia – Social
and Behavioral Sciences, 156, 223 – 226.
Vispute, S. (2013). Recruitment strategy and employee retention
in Indian banking and insurance sector. International Journal of
Arts & Sciences, 6(2),, 743-746.
Zhou, L., Zhao, S., Tian, F., Zhang, X., & Chen, S. (2018).
Visionary leadership and employee creativity in China.
International Journal of Manpower, 39(1), 93-105.
Thanks for completing and uploading your assignment for
review. It’s our third assignment with only two left to go. As I
reviewed your work, I could clearly see that you have presented
information and thoughts that have added some value to the
main topic expectations for the paper. Please note some
additional findings below.
· The introduction section should not have a heading called
introduction and the heading should not be bold text. Also not
that the introduction section is misleading as it does not fully
tell the reader what the entire paper is about.
· Citations throughout the paper are not set up correctly
according to our course rules.
· You have many citations claiming to represent certain
information from sources, yet you have not properly identified
the words for your readers. This is very necessary and required.
So, that sums up the feedback Tonya. I want you to know that
you have done quite well with this assignment. Work on the
above issues and you will do great next time. We still have 2
assignments remaining, so dig in and prepare to do your best
work. Don’t lose sight of the fact that there are numerous tools
and information available to help you succeed. But as well, I,
too, am always here to support your success.
If there are any questions at all regarding the feedback, please
let me know.
Dr. Wash
Running head: TOTAL REWARDS DESIGN AND
COMMUNICATION
1
TOTAL REWARDS DESIGN AND COMMUNICATION
2
Total Rewards Design and Communication
Tonya Palmer
Dr. Gary Lorenzo Wash
Total Rewards
February 3rd, 2019
Total Rewards Design and Communication
The Total Rewards Design Process
For many organizations, the purpose of the sales force
compensation plan is to evaluate the bonuses, commission that
will maximize sales, and the mix of salary. When designing the
compensation plan for the sales people, considerations such as
mix between incentive and salary, measures of performance,
level of pay, and performance-payout relationships must be
made (Boxall & Purcell, 2011). These are some of the basic
considerations that need to be made by every organization with
an aim of generating more sales within a specified period of
time. A company that relies of making sales needs to fully
invest in the sale force as they are core to the overall business
strategy. One way of doing so entails putting in place a total
rewards program that not only meets the trends in the labor
market but also motivates the sales personnel. It is imperative
to point out that sales personnel must be motivated and inspired
so that they can meet the stipulated goals (Boxall & Purcell,
2011). A company needs to have a total rewards brand that sales
force can identify with. In this regard, a total rewards design
must consider various factors that meet the interests and desires
of the sales people in a bid to drive the overall strategies for an
organization.
Unilever is a global brand that has been designing the total
rewards program with the aim of attracting, motivating, and
rewarding the sales personnel. The company develops and
distributes various products in the global market meaning a
sales force is important in promoting the brand. The company
has a total rewards program which ensures that is supportive in
a bid to achieve the desired targets of the human resources
professionals and the company in general (Chow, 2012). The
total rewards program for the sales people put in place by the
company has the following aspects: compensation, enhanced
flexibility, benefits, work-life balance, rewards and recognition,
and opportunities for career progression. Compensation refers
to the fixed and variable pays that are coupled with short-term
and long-term incentives. Enhanced flexibility refers to flexible
working hours offered to the sales force. Benefits encompass
monetary payments such as commissions and medical benefits
(Chow, 2012). Work-life balance refers to supporting the
workers by making sure they are able to balance between work
and life’s responsibilities. Rewards and recognition are offered
to performing sales people as a way of motivating them.
Finally, the company offers opportunities for career progression
to the sales people that are deemed hardworking and fully
integrated into the company’s culture.
Unilever has been offering the total rewards program with the
aim of attracting, retaining, and motivating the sales people.
The company invests in human resources as they are core in
driving its global strategy especially when it comes to accessing
more customers at a global scale. The sales force is core to this
strategy meaning that it must be motivated into meeting the set
goals. The total rewards program is deemed one of the best in
the industry as it is centered on the sales personnel who are then
expected to drive the strategy of the organization.
Considerations to be made when designing a total rewards
program
When designing a total rewards program for the sales people,
there are three major considerations that need to be made as
follows. One, they need to consider the level of pay which
refers to the amount of money that will be paid to a sales person
over the course of the year. In most cases, this needs to be
viewed as a range as bonuses or commissions will vary (Boxall
& Purcell, 2011). In order to motivate the sales personnel, it is
imperative that the level of pay meets the expectations of the
sales force. Additionally, the level of pay offered should be
competitive as a measure of retaining the sales force. For most
organizations, sales department has higher than average
turnover rates meaning retention should be targeted by the level
of pay.
Additionally, the method for rewarding the sales people need to
be considered. As was earlier highlighted, the sales personnel
must be rewarded and recognized for their efforts so as to
motivate and retain them. In order for this to be done, an
organization needs to put in place measures for evaluating
performance so that sales personnel that deserve rewards and
recognition can be known (Boxall & Purcell, 2011). The
rewards offered must meet the expectations of the recipients so
as to have a lasting impact. For instance, not all sales people
would want to receive monetary rewards some would prefer a
paid vacation. In this regard, the methods for rewarding should
be diverse and in line with the overall mission and objectives of
the organization.
Finally, performance-payout relationship need to be considered
which refers to a pay strategy where individual or
organizational performance have an influence on the amount of
pay or bonuses given to the employees. In this case, a company
will need to ensure that the compensation plan is sustainable
and does not put the company’s financial performance in
problems. The pay and compensation offered to the sales people
must be aligned with individual and organizational performance.
Notably, this strategy should be communicated to the sales
personnel so that they can perform knowing that benefits
received are directly influenced by their performance as well as
organizational performance. Actually, this is the model that is
utilized by majority of organizations as a way of aligning
individual performance to organizational performance.
Communicating Total Rewards to Executives, Managers, and
Workers
If one asks an employee how much they are paid, majority will
tell about the salaries they receive. Notably, though salaries are
a major part of the compensation there are other benefits and
incentives that are received by workers. As a business owner,
one knows how much goes to workers and they will never know
it unless they are told. The total rewards need to be
communicated to executives, managers, and workers. In the
modern era, communication can even be automatic where
statements are automated and all level of workers given an
access. The statements should break down the plans and present
them in a manner that is easy to understand.
In communicating a total rewards program to business
executives, there are aspects that need to be looked into. A
business owner needs to communicate the plans to the business
executives in a manner that exhausts all of them. As earlier
highlighted, there are executives who may not be aware of
incentives and benefits hence may have the wrong perceptions
and attitudes towards the business owner. Additionally, in the
event of any necessary changes, the executives need to be
consulted and involved in the overall decision-making process
as a way of making them feel as part and parcel of the
organization (Gubbala & Battu, 2012). Further, even the
slightest details of the plan should be communicated to the
executives as they may have an impact on some or all of the
executives. Finally, it is imperative to note that when
communicating the plan it is good practice when the business
owner outlines the processes and procedures for arriving at the
plans.
Managers also need to know everything about the compensation
plan. Though managers and executives have better access to
company information than low ranking workers, there are
certain aspects of the compensation plans they may not be
familiar with. In this respect, communicating the plan to the
managers should mainly about covering details that managers
may be unaware of. For instance, they may not be aware of how
the organization arrives at plans offered. Such information
should be communicated in a manner that addresses all
questions and queries.
Finally, all the plans for all categories of employees need to be
communicated to the workers. Employees are in most cases not
fully aware of benefits and incentives meaning that it is the
duty of the business owner to communicate them in an effective
manner. Actually, this should be done during hiring as a method
for motivating the employees. When being hired a number of
workers tend to perceive salaries as the only compensation they
will be getting from the employer (Gubbala & Battu, 2012).
However, this is actually not the case hence they should be fully
informed about it by the employer.
Communicating to executives, managers, and workers about the
total rewards program has benefits such as making them feel
valued and appreciated hence motivating them. They tend to
feel that their welfare is taken care for. They also feel a sense
of belonging which makes them develop willingness of taking
part in various undertakings of the organization without being
compelled. In essence, a business owner should ensure that all
aspects of the total rewards program are communicated to all
high ranking and low ranking employees.
Total Rewards Branding and its Importance
Total rewards branding refers to creating and communicating
the uniqueness of a total rewards program to all employees.
Majority of organizations tend to create the brand that informs
the workers what is expected from them and what they are
likely to get in return (Gubbala & Battu, 2012). The branding is
important as it ensures that all workers are already aware of
various elements of the total rewards programs and how they
impact their overall compensation plan. The brand can even be
used to attract top talents hence impacting the overall
organizational performance positively. It is important to note
that the human resources have a role to play in branding the
total rewards program. First, the department needs to closely
involve the workers in promoting the brand and making them
aware of all benefits and plans. More so, in the event of any
changes to the brand that should also be fully communicated to
the workers effectively. The human resources department should
keep all workers close and also should ensure that they perform
in line with the mission and objectives of the brand. Finally, the
department needs to put in place performance measurement and
evaluation methods that will help enable the company attain an
effective performance-payout relationship.
References
Boxall, P., & Purcell, J. (2011). Strategy and Human Resource
Management. New York, NY: Palgrave Macmillan.
Chow, H. (2012). The roles of implementation and
organizational culture in the HR-performance link. he
International Journal of Human Resource Management 23(15),
3114-3132.
Gubbala, M., & Battu, N. (2012). Employee Welfare In
Industry: Industrial Workers Perspective. London, UK: Lap
Lambert Academic Publishing.
**This page follows your assignment cover page**
EXECUTIVE SUMMARY
The executive summary will have 3 main headings only and
they are (1) department information, (2) key report topics, and
(3) statement of impact. They are in bold black text below. No
additional headings are permitted.
Department Information
In this section, create your own HR department information.
You can name a company if you wish, but at a minimum you
must share the mission and goals of your HR department, what
are the different functions or sections in the department, and
how you formed your project team to deal with developing the
total rewards program for the company.
This section should be at least 1 full paragraph.
Key Report Topics
In this section, make a list of the key topics from your previous
paper assignments. You will start by stating:
The HR project team was charged with, and completed the
following major tasks:
(then list the requirements)
· Identify a total rewards design process by defining key
strategies, statements, and philosophies attributed to the
organization.
· Assess and discuss at least three (3) considerations that need
to be determined as you are developing a total rewards program.
· Discuss briefly the detail and emphasis of communicating total
rewards programs to 3 levels of audiences: (1) Executives, (2)
Managers, and (3) Employees. Take into consideration what
needs to be communicated to whom and at what level of detail.
· Define total rewards branding and explain why it is important.
What is HR’s main role in TR branding?
Notice that the above bullets are the exact same paper
requirements from assignment 2. You will continue listing all
requirements until all three assignments are completed.
Statement of Impact
The statement of impact is a minimum full paragraph or more
on how the work you and your team completed with the above
paper requirements will add value to the organization. Things to
consider are (1) How will the work impact the defined business
goals? (2) Why do you believe the total rewards package will
attract high-performing employees? You are free to be creative
as these are examples, but you must be clear about the impact of
the total rewards program.
NOTE
Remember that the executive summary will not be more than 2
pages but must at least be 1.5 pages. Points will be taken if this
does not occur so please do not feel that you must get long-
winded.
Also note that the cover page for the assignment and the
executive summary information are the only parts of the
assignment that do not have to be double spaced. You may be
creative in how you set the informant up, but it must still be
properly aligned.
DO NOT procrastinate ask your professor if you have questions.
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 8
GENERAL PRINCIPLESWhat is a Tort?
Civil wrong that interferes with one’s property or person. A
common tort is a negligence action which often impact a
business (such as a slip and fall action or car accident).Torts
distinguished from crimes/contracts
Crime arises from violation of public duty, whereas tort arises
from violation of private duty. Same act can be both a crime and
a tort.
A breach of contract action is not a tort.
CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond
a reasonable doubtCase brought by governmentGuilty person
would pay a fine, serve time in prison or receive the death
penalty CivilBurden of Proof—By the preponderance of the
evidenceCase brought by a private partyA Defendant may pay
damages for what they did wrong.
GENERAL PRINCIPLES
Types of Torts:Intentional (see below for specific torts)Civil
wrong that results from intentional conduct. This a a category
of torts that includes assault, battery and defamation.Negligence
Civil wrong that results from careless conductStrict
LiabilityCivil wrong for which there is absolute liability
because the activity is inherently dangerous
INTENTIONAL TORTS
Assault
Intentional conduct that threatens a person with a well-founded
fear of imminent harm.
Battery
Intentional, wrongful touching of another (the completion of the
assault).
False ImprisonmentIntentional detention without
consent.Shopkeeper’s PrivilegeDefense to a claim of false
imprisonment for retail stores.Permits detention for reasonable
time with reasonable suspicion.
INTENTIONAL TORTS
Intentional Infliction of Emotional Distress.
Outrageous conduct which goes beyond all bounds of decency.
Invasion of Privacy—three separate torts:Intrusion into
plaintiff’s private affairs.Public disclosure of private
facts.Appropriation of another’s name, likeness or image for
commercial advantage.
INTENTIONAL TORTS
Defamation.Untrue statement published to a third party that
damages a person’s property interest.Requires three elements:
statement, publication and damagesSlander is oral
defamation.Libel is written (broadcast, internet).
INTENTIONAL TORTS
Defamation: Privilege. Absolute Privilege: when members of
Congress speaking on floor of senate or House, witnesses in
court proceedings.Qualified Privilege: as long as released
without malice and a retraction is made.Example—news media
INTENTIONAL TORTSProduct DisparagementWhen someone
makes a false statement about a business or product.Wrongful
Interference with ContractsWhen a third party interferes with
someone else’s freedom to contract.
NEGLIGENCENegligence exists when a person acts with less
care than is reasonable, causing foreseeable injury. Elements of
a negligence claim:
1. Duty,
2. Breach,
3. Causation and
4. Damages
NEGLIGENCEDuty and Breach
There is a general duty to act as a reasonably prudent person in
a similar circumstance.
A professional (doctor, lawyer, accountant) must act at the same
skill level as other professionals in same field.
The second element is that the defendant breached that duty
established by statute or under the reasonable person standard.
NEGLIGENCE
Causation. Connects duty with injuries to plaintiff—two types
of causation:
“But For” defendant’s action, plaintiff would not have suffered
the injury.
Proximate Cause: plaintiff’s injury was foreseeable.
NEGLIGENCE
Damages.
Past and future pain and suffering, physical impairment,
medical care, loss of earning capacity. Experts help juries
“quantify” the injuries.
Joint and Several Liability: when actions of two or more
defendants impose liability on all actors. Each one is
responsible for all injuries.
*
NEGLIGENCE
Defenses to Negligence.
Contributory Negligence: plaintiff’s partial negligence bars
recovery for his injuries.
Comparative Negligence: determines the fault of both parties.
Plaintiff receives partial recovery based on percentage of
defendant’s fault.
NEGLIGENCE
Defenses to Negligence. (continued)
Assumption of Risk: burden is on defendant to prove plaintiff
knew about risk and chose to proceed.
Express Assumption: usually exculpatory writing.
Implied Assumption: subjective, based on circumstances.
STRICT LIABILITY
What is Strict Liability? Absolute liability imposed by law to
protect the public or ultra-hazardous activities such as dynamite
excavations.
Imposing Strict Liability.Can involve transportation of toxic
materials, but most common is product liability.Strict Liability
also refers to products liability (this topic will be revisited in
Chapter 24)
ACC 150
THE LEGAL ENVIRONMENT OF BUSINESS
With Doreen Smith, Esquire
Chapter 7
GENERAL PRINCIPLES OF
CRIMINAL LAWNature and Classification of Crimes. A crime
is a violation of the law that is punished as an offense against
the state or government. A misdemeanor is punishable by less
than a year in prison. A felony is a crime that is punishable by
imprisonment of over a year.Elements of a crime:Mental state or
intent andAct or omission
GENERAL PRINCIPLES
Basis of Criminal Liability.
Mental
State
Intent or scienter (knowingly/
deliberately)
Act or Omission
An act or omission of a required act must actually take place.
Harm
Harm may occur, but it is not a required element for an act to be
classified as a crime.
*
1
Chapter 8
BUSINESSES
Corporate Liability
Corporations can be held liable for the actions of their
employees.
Officers and Agents of Corporations
When a business manager knows of illegal conduct by and
employee or authorized the action, he or she can be held liable
under criminal law.
Under federal law, an executive must actively engage in the
underlying crime to be found criminally liable.
PENALTIESForfeitureGiving up property used or gained from a
criminal act.Criminal PenaltiesCorporate Integrity
AgreementsFederal Sentencing GuidelinesOfficer and Executive
BanishmentBarring executive and officer from working in the
field.
SOXSarbanes-Oxley (SOX)Federal statute passed after the
Enron-WorldCom debaclesSets standards for public companies
and accountants.Obstruction of Justice: SOX.Felony for anyone
(including company employees, auditors, attorneys, and
consultants), “to alter, destroy, mutilate, conceal, cover up,
……..[records or documents to] obstruct, or influence the
investigation or proper administration of any matter within the
jurisdiction of any department or agency of the United States.”
SOXSOX:Auditors must retain work papers for 5
yearsDestruction of documents prior to that time constitutes a
felony with a penalty of 20 years in prisonCorporate officers
must certify their financial statements when issued.
SOX PENALTIESUp to 20 years penalty for mail or wire
fraudViolation of pension laws can be up 10 years and fines up
to $100,000Corporate fraud can result in fine of $1 million and
10 years or for a willful violation $5 million and 20 years.
WHITE-COLLAR CRIMES
Money Laundering.
Crime is the knowing and willful participation in a financial
transaction involving unlawful proceeds in order to disguise the
source of the funds.Money Laundering Control Act (2000),
amended by Patriot Act and Bank Secrecy Act. Patriot Act
expands coverage. Banks are more involved in supervising
accounts.
WHITE-COLLAR CRIMES
Racketeering Influenced and Corrupt Organizations
(RICO)Federal law targeting organized crimeThe government
has used this law to prosecute a wide variety of criminals (not
just organized crime)Criminal conviction can result in $25,000
fine and 20 years in prisonA civil plaintiff can recover treble
damages (3 times actual damages) and attorneys fees
WHITE-COLLAR CRIMES
Bribery
Giving of money, property or benefit to influence that person’s
judgment.
Foreign Corrupt Practices Act
Federal criminal statute applies to a US business that gives
bribes to a foreign entity (more about this law in the
International law chapter).
Extortion and Blackmail.Extortion: public officer makes illegal
demand for money.Blackmail: Extortion demands made by a
nonpublic official.
WHITE-COLLAR CRIMES
Counterfeiting
Making a document or coin that appears genuine but is not
(needs fraudulent intent)
Forgery
Fraudulently making or altering an instrument. Example-such
as signing someone else’s name on a check.
Perjury
Knowingly giving false testimony.
WHITE-COLLAR CRIMES
Bad Checks
Using a check knowing there is insufficient funds in the bank to
cover the check
Credit Card Crimes
Possess or use a credit card without the permission of the card
owner
Embezzlement
The fraudulent taking of another’s property or money by a
person who has been entrusted with the property or money
COMMON LAW CRIMESLarcenyWrongful taking of the
property of anotherRobberyTaking personal property in the
presence of the victim by force or fear.BurglaryBreaking and
entering into a dwelling of another with the intent to commit a
felonyArsonWillful and malicious burning of another’s
dwelling.
CRIMINAL LAW AND THE COMPUTERWhat is a Computer
Crime? The unauthorized taking of information from a computer
is a crime under both federal and state statutes. Theft of
hardware and softwareDealt with under laws that deal with
theftIntentional damageIntentional damage through malware or
using a virus can be a crime depending on the law in the state
where the crime occurred.
CRIMINAL LAW AND THE COMPUTER
Economic Espionage by Computer.Economic Espionage Act
(federal law): felony to steal, appropriate, or take, copy,
duplicate, sketch, draw, photograph, download, upload, alter,
destroy, replicate, transmit, deliver, send, mail, or communicate
information from a computer to an unauthorized
personElectronic Fund Transfer Crimes (federal law)Makes it a
crime to use any counterfeit, stolen, or fraudulently obtained
card to obtain money or goods.Digital Millennium Copyright
Act (federal law)Makes it a federal offense to circumvent or
create programs to circumvent encryption to copy copyrighted
material (without authority to do so)
CONSTITUTIONAL
RIGHTS FOR BUSINESSES
U.S. Constitution protects both individuals and businesses from
violation of rights by the government.
Fourth Amendment Rights for Businesses.
Search and Seizure: Warrants. The Fourth Amendment protects
against unreasonable searches.
Government must obtain a search warrant based on probable
cause.
Exceptions to Warrant Requirement: Emergencies and Plain
View.
CONSTITUTIONAL
RIGHTS FOR BUSINESSES
Fourth Amendment Rights for Businesses.
Business Records and Searches
Requires a search warrant
The records sought can be at an accountant’s or attorney’s
office
Protections for Privileged Records and Documents. Includes:
attorney-client privilege and other privileges.
CRIMINAL PROCEDURE
RIGHTS FOR BUSINESSES
Fifth Amendment Self-Incrimination Rights for Businesses.
Self-Incrimination. The Fifth Amendment protects against self-
incrimination and provides due process. Does not apply to
corporations, only individuals. Disclosures of corporate records
must be made.
CONSTITUTIONAL
RIGHTS FOR BUSINESSES
Fifth Amendment
Self-Incrimination Rights for Businesses.
Miranda Rights.
The rights that must be given to a person who is to be
interrogated in relationship to a crime
Due Process Rights for Businesses.Due Process is the right to
be heard, question witnesses, and present evidence before any
criminal conviction.
Sixth Amendment requires a speedy trial
Classmate’s Posts (DB4). (Needs just like some comments) .docx

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Classmate’s Posts (DB4). (Needs just like some comments) .docx

  • 1. Classmate’s Posts (DB4). (Needs just like some comments) Robert Dlugaszewski 1) Criminal laws are the laws that define wrongs against a society and civil laws are laws that define the rights of one person against another (Textbook, Glossary) and in the criminal case against OJ Simpson the verdict of not guilty came from the jury that had to all agree on a verdict and the facts presented in the case that there was reasonable doubt about the DNA evidence and the alleged misconduct by the LAPD were enough to push the jury toward a not guilty verdict. Where as in the civil case against OJ Simpson the jury finds Simpson liable for the murders based on the same facts presented in the previous trial but in a civil case the majority vote gets the verdict and in this case they deemed his reasoning of alleged misconduct by the LAPD inflammatory and speculative. 2) In the Criminal case for OJ Simpson it was the People of the State of California and in the civil case for OJ Simpson it was the families of the victims, Nicole Brown Simpson and Ronald L. Goldman. 3) Just like in the OJ Simpson case even though someone is acquitted of a crime doesn't mean that they didn't commit the crime it's just that the evidence wasn't substantial enough to prove
  • 2. the defendant not guilty, that the evidence was obtained illegally, and the list goes on about ways that guilty people get away with things based on legal rights or even in some cases just luck, but either way they should be held liable in a civil case so that when they do "get away with murder" the parties affected by these actions can get compensation for their troubles. Sina Abbasi Kammasai The differences between the two cases impacted the verdicts for many reasons. First one being in the criminal trial OJ wasn’t required to testify, so he decided not to, but in the civil trial he was required to testify because of the plaintiffs’ option which forces him to testify. Another difference between the two was that in the criminal trial a conviction for OJ required a finding that he committed the murder beyond any reasonable doubt whereas in the civil case and a guilty verdict for OJ only required 9 out of 12 votes and “the basic legal standard being that in all probability Mr. Simpson committed the slayings” the keyword being probability. The party in the criminal case against OJ was the state of California which was charging OJ for the murders of Nicole Brown and her friend Ron Goldman, the reason the state was the party involved in the criminal case is because as stated in the textbook, “A crime is a wrong of such serious nature that the appropriate level of government steps in to prosecute and punish the wrongdoer to deter others from engaging in the same type of conduct”. (Textbook, pg.132, para
  • 3. 8-1b). The parties that were against OJ in the civil case were the families of Nicole Brown and Ron Goldman, they had the right to sue civilly because when the act that is committed as a crime causes harm to an identifiable person, that person https://courses.mc3.edu/webapps/discussionboard/do/message?a ction=list_messages&course_id=_133825_1&nav=discussion_bo ard_entry&conf_id=_141843_1&forum_id=_212434_1&message _id=_5431353_1# may recover from the wrongdoer for monetary damages to compensate for the harm (Textbook, pg.132,para 8-1b) I do believe a person can be held liable off the same exact facts in a civil case because a civil case is more personal, meaning it’s the families or person that harm was done to taking action against the wrongdoer, so they are the ones personally getting the attorneys they want to represent them so those attorneys might be able to use the same facts and present them to the court in a better way or find more in depth details and do an overall better job than the state. Nicholas Karwoski The difference between criminal law and civil law played a huge role in the verdicts of the OJ Simpson case. A crime is a wrong that comes from a violation of public duty, whereas a tort that is in question in civil cases is a wrong that comes from a violation of private duty. When a crime happens the government steps in to prosecute and punish the wrongdoer to deter that
  • 4. person from repeating the act. (Section 8-1b para 1) There are three different types of torts there is intentional torts, negligence, and strict liability. (Section 8-1c Para1 Online) In the OJ Simpson cases he was charged for murder as well as civilly sued by Nicole Browns family. I think it is much easier to make a person pay money than it is to send someone to jail for the rest of their lives and is why the cases turned out the way they did. The jurors knew that he had a large amount of money, so it was easy for them to find him guilty and make him pay the Brown family even if they were not exactly for sure that he did commit the crime. The party that brought the criminal case against OJ Simpson was the prosecution of the state of California. The party that brought the civil case against OJ Simpson would be the plaintiff which in this case was Nicole Browns family. In both cases OJ Simpson the defendant was the other side of the party. I do not think that a person should be held liable in a civil case if they were acquitted in a criminal case. If the same exact facts are presented in both cases, they should not have to go through another trial. It is unfair to have a person defend themselves in a second case if they were already proven not guilty in the first case. In OJ Simpsons case he had a large amount of money but many people do not so you would be ruining their life even though they already were acquitted of the crime. Reese Murphy
  • 5. 1. The first thing to do to fully answer this question is to understand the difference between criminal and civil law. Criminal law as defined by Cornell Law School is a system of laws concerned with punishment of individuals who commit crimes. With that being said, civil law is anything that is not at criminal matter, commonly labeled as a dispute. OJ was found liable of the murders in civil court brought on by the families of the victims. The difference between criminal and civil law comes down to monetary compensation in this trial. If he were found guilty in the first case, which would have been criminal, he would have gotten jail time. He was found liable in the civil case, meaning that he had to pay millions to the families and turn over all of his assets. 2. In the criminal case, the video states that there were 12 people on the jury, 4 being men and 8 being women. He had a team of attorneys, including Robert Kardashian. The case lasted 8 months and the decision was made by the jury in under 4 hours. In the civil case, the families of the victims are going after him, claiming he is liable for the deaths of the two victims. Simpson was ordered to pay over millions to the families and forfeit his assets. 3. I do not. If they were guilty of what they were held to trial of, and were acquitted, then that is the fault of the court and jury. This is a very easy and simple answer, as it is the 5th amendment in the bill of rights. It is called double jeopardy: "...nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb..." The 5th amendment is also
  • 6. referenced in the text (textbook chapter contents term 12). Despite if the first case is criminal and the second is civil, if the case is based on the same "exact" facts, then that is is double jeopardy to try them again. With that being said, I believe there are special circumstances such as OJ's case. OJ was acquitted in the criminal case despite the overwhelming evidence against him, essentially with blood leading right to his doorstep and all over his Bronco. The family was not made whole, so they took it up in civil case as more of a "liability case". Restitution paid to the victims will benefit the families, whereas the verdict in the first hearing does not do them any good (textbook 7-1d paragraph 1) Re 1 Total Rewards Briefing Total Rewards (HRM 533) Presented As First Course Assignment to: Dr. Gary Lorenzo Wash Strayer University Presented by: Tonya Palmer
  • 7. Agenda of the Presentation Po provide an insight of the management elements The presentation discusses the reward design and communication. sales force compensation will also be addressed in detail The last HR element that will be discussed the strategy of preparing the benefits of total reward system. Total Rewards Briefing 2 This presentation is aimed at giving out an insight concerning management elements. It discusess the reward design and communication which are appropriate for organizations to use. 2 Summary The total reward system is an important human resource strategy used for recruitment, motivation and keeping the employees. The total reward system comprises of three elements are reward design and communication, sales force compensation, and finally the work-force benefits. Total Rewards Briefing 3 The total reward system is a significant human resource approach used for recruitment, motivation and keeping the employees.
  • 8. The total reward system comprises of three elements are reward design and communication, sales force compensation, and finally the work-force benefits. 3 WorldatWork Total Rewards Model Elements The first element is the compensation which are the ways in which employees of an organization earn their income. The second element is the professional Development and recognition which seek to ensure that the employees advances their skills to meet the emerging organization requirements (Goh, 2017). The third element to work-life balance which enables the workers to meet their personal objectives The forth element is the benefits that an employee gain by working for an organization Total Rewards Briefing 4 Some total rewards elements include compensation which are the ways in which employees of an organization earn their income. Another one is the second element is the professional Development and recognition. The third element to work-life balance which enables the workers to meet their personal objectives and the forth element is the benefits that an employee gain by working for an organization 4 Total Reward Design and Communication
  • 9. The element helps to improve the relationship among employees and also between the employers and employee (Goh, 2017). The organization improve the employee relation through compensation, bonuses, and performance awards. Also the organization can arrange for health benefits, retirements savings, a and work-life. Lastly, employee can further their education through the education programs. Total Rewards Briefing 5 The total reward design and communication helps to improve the relationship among employees and also between the employers and employee (Goh, 2017). The organization improve the employee relation through compensation, bonuses, and performance awards. Also the organization can arrange for health benefits, retirements savings, a and work-life. 5 Motivation program types for a sales force. Through the use of total reward system, an employee can get motivated through various ways. First an organization can use incentives related to the job such as vocation time ("Developing a Total Rewards Strategy," 2015). Also, tangible incentives can be awarded to the employees. These can be different prizes. Lastly, incentives that relates to experiences can also be awarded. Total Rewards Briefing 6
  • 10. An employee can get motivated through various ways if total reward system is applied in an organization (discuss the content in slides) 6 Cont. 7 Motivation creates a positive attitude of an employee towards work. Language learners have very different objectives for language learning. Many scholars have found a strong relationship between motivation and language learning achievement. 7 Behavior programs for sales force The behavior programs should be a focus of sales’ department leaders. One behavioral program is respecting the time for change which provides that sales managers and leaders should not succumb to pressure but rather empower the sale’s force to make sound decisions ("Developing a Total Rewards Strategy," 2015). Communication is also the key for the sales force to be rewarded. The sales force should behave in a manner that supports their colleagues and the department. 8 The behavior programs for sales force should be a focus of
  • 11. sales’ department leaders. One behavioral program is respecting the time for change which provides that sales managers and leaders should not succumb to pressure but rather empower the sale’s force to make sound decisions ("Developing a Total Rewards Strategy," 2015). 8 Reward program for sales force Reward programs for sales force encourages them to work with loyalty. An internal reward should focus on recognizing top performance as well as offering creative perks to the team (Shields, 2012). An example of reward program that can be used is promoting the specific individuals as a means of acknowledging their positive contribution in sales. 9 The reward programs for sales force encourages them to work with loyalty. An internal reward should focus on recognizing top performance as well as offering creative perks to the team (Shields, 2012). 9 The compensation, benefits and work-life The figure alongside demonstrates the relationship between compensation, benefits and work-life. 10
  • 12. Cont. Compensation Compensation is the pay that the employer gives an employee for services rendered. For example salaries and wages. Benefits These are programs an employer uses to supplement the cash compensation that employees receive They are meant to protect the employees and their families from financial risks Work-life These are specific set of organizational practices, policies, and programs, plus a philosophy that actively supports to aid in employees achieve success at both work and home. 11 Compensation is the pay that the employer gives an employee for services rendered. For example salaries and wages. Benefits These are programs an employer uses to supplement the cash compensation that employees receive They are meant to protect the employees and their families from financial risks Work-life These are specific set of organizational practices, policies, and programs, plus a philosophy that actively supports to aid in employees achieve success at both work and home. 11 Strategic plan for creating benefits programs. Begin the employee benefit program to include all the mandated
  • 13. benefits. Consider the optional benefits necessary to include such as health insurance and flexible compensation plans (Shields, 2012). Consider increasing more benefits to the program. Evaluate the benefits that are most significant to the employees. Total Rewards Briefing 12 Strategic plan for creating benefit programs are essential in undertaking the entire process. Hence, the relevant parties should begin the employee benefit program to include all the mandated benefits, consider the optional benefits necessary to include such as health insurance and flexible compensation plans (Shields, 2012). Alo, they should consider increasing more benefits to the program and lastly, evaluate the benefits that are most significant to the employees 12 Cont. 13 The benefits of strategic planning promotes proactivity. Hence, employees work hard to ensure that the organization meets its objectives. These aspects involves both internal and external stakeholders who creates advocacy for the program. Furthermore, benefits strategic planning promotes stability of the organization as time goes by. 13 Conclusion The total rewarding system enables the organizations to improve performance.
  • 14. There is a great relationship between compensation, benefits, and the manner in which the employees work. The workforce benefits encourages employees to work harder to achieve the organizational objectives. Hence, the total reward system is an important human resource strategy used for the recruitment, motivation and keeping the employees. Total Rewards Briefing 14 References Developing a Total Rewards Strategy. (2015). The WorldatWork Handbook of Compensation, Benefits & Total Rewards, 18-27. doi:10.1002/9781119196600.ch3 Goh, A. C. (2017). Practical Approaches to Total Rewards Management. Shields, J. (2012). Reward management. Human Resource Management in a Global Context, 243-284. doi:10.1007/978-0- 230-35885-0_11 Total Rewards Briefing 15 Week 3 Assignment 1 Submission Hello Tonya Thanks for completing our first course assignment. I appreciate the work you have done with the presentation as it clearly shows that you have addressed the key topics with some useful information. Still, there needs to be some attention given to some issues in the presentation as follows: Bullet points on agenda slide have errors and are a bit inconsistent. The summary should be the conclusion and not be the 3rd slide of the presentation.
  • 15. The citation on the 4th slide is improperly set up. Citation error on slide 5 . Slide 7 image needs to be cited since it was retrieved from a source. Image not cited on slide 1 0 Can barely see page numbers on some slides. Other images and information not properly cited throughout the presentation. So, that sums up the feedback Tonya. The goal is to try and avoid similar call outs made above so that we can have better results for our other assignments. Don’t forget the resources available in our student center and reading all my announcements and viewing the videos. Running head: PLANNING BENEFITS STRATEGICALLY 1 PLANNING BENEFITS STRATEGICALLY 2 Planning Benefits Strategically Tonya Palmer Dr. Gary Lorenzo Wash Total Rewards
  • 16. March 3, 2019 Planning Benefits Strategically Benefits planning is an important part of the operational plan of a future-oriented organization. Through a benefits plan, an organization identifies different categories of employees within the organization and determines the total benefits that they are entitled to receive. A benefits plan covers an employee’s basic remuneration in terms of their salaries as well as other common benefits that they may receive such as health insurance and retirement planning. When efficiently designed, a benefits plan can act as a tool that is used to improve employee motivation, and consequently their productivity within an organization. A benefits plan can also be used as a tool for ensuring employees focus on the long term goals and objectives of the organization, by the inclusion of these goals in the benefits program. A benefits package is designed in a way that takes into consideration both the external and as well as the internal factors that affect an organization’s operations. When strategically designed, a benefits program can enable an organization to achieve its long term goals and objective while keeping operating costs are a minimum. External and Internal Forces that Influence a Benefits Program An external factor that can influence the impact of an organization’s benefits program includes the benefits that similar organizations give their employees. According to Nickerson and Zenger (2008), employees usually compare their benefits to those of employees from other organizations, and any perceived injustices can affect their motivation. An organization, therefore, has to continuously adjust its benefits program in line with recent trends in its industry. Externally,
  • 17. the performance of the economy and what the benefits an employee receives will be able to do for them also determines how they will perceive the benefits package that they are entitled to. If the government, for example, adjusts the minimum wage, affected companies will have to adjust their benefits packages accordingly. Organizations, therefore, have to continuously adjust their benefits packages in line with changes in the benefits that other organizations provide as well as changes in economic conditions. Internally, the productivity and workload of employees will also determine their benefits expectations, which consequently may force an organization to make salary and bonus adjustments. According to Kahn and Lange (2014), there is a relationship between productivity and employee benefits. Employees who do more for an organization expect to receive more from the organization by way of bonuses and salary increments. This means an organization needs to consider the productivity of employees when designing its benefits package, as a way of keeping the hardworking employee motivated and encouraging productivity. Internally, the workplace culture also determines the benefits package that an organization designs for employees. Organizations that have a culture of keeping employees motivated are more likely to record higher productivity and as a result, may have higher benefits packages in comparison to organizations that do not. According to Sandhya and Kumar (2011), employee engagement and motivation is one of the most effective ways of improving employee productivity and consequently remuneration. Internally, therefore, how an organization motivates its employee could impact on the structure of their benefits program. Key Ways that an Organization can Use to define its Benefit Management Philosophies A key philosophy that an organization can use when designing a benefit program is the identification of the coverage in terms of insurance that employees are supposed to receive and what portion of this will be met by the organization. An organization
  • 18. needs to make a substantial commitment in terms of the insurance coverage that employees will receive from the organization, in addition to the required contribution that the employee themselves is supposed to make. A key consideration made in determining the coverage includes the industry trends, as determined by what competitors are providing, as well as terms that are likely to be offered by insurers. An organization also needs to consider whether its benefits package is meant to encourage employees to be more productive and motivated. Most organizations now days offer performance pay that is meant to encourage employees to be more productive due to the high bonuses that they will receive as a result (Lemieux & MacLeod, 2009). When designing its benefits philosophy, an organization needs to consider whether, in fact, it should use its benefits program as a way of motivating employees. This will aid in determining the most effective benefits program for the organization that takes into consideration the features of an organization’s industry. An organization also needs to consider the cost of its benefits program and how well it suits the needs of the organization. An efficient benefit program should be both affordable and competitive for an organization. This means the organization should be able to pay employees on time without delay, but should also have a competitive package that can attract and retain the best talent in its industry. This can also be best done by comparing what other firms in the industry are paying their employees and designing a benefits package that is both comparable and is within the budget of the organization. Comparing and Contrasting the Top Down and Backing In Strategies of Benefit Management The backing in approach is used in organizations where decisions are made at different levels in an organization, which makes it difficult for the executives of the organization alone to
  • 19. design the benefits package. This approach involves a strategic planning process that involves the analysis of key problems that the organization may be facing in terms of remuneration and the design of a suitable benefits package that will address all these challenges. The design of the actual benefits package is done through a consultation process that involves many different people in an organization. Using this method, key questions that relate to the problems being addressed are identified and used as a basis of solving the benefits problem that the organization may be dealing with. In comparison to the top-down approach, the backing in approach is more complicated and requires more resources in form of time. It also requires the analysis of key issues facing an organization before the benefits package can be designed. The top-down approach, on the other hand, requires an organization to consider the key goals and objectives of an organization before designing a benefits package. The benefits program selected for different groups in the organization needs to support the long goals and objectives of the organization. Different employee groups are identified within an organization and the benefits package is designed in a way that will enable the organization to achieve its long term goals and objectives. Key considerations made in designing the benefits package are the contextual factors that currently exist for different employee groups within the organization. The business needs of the organization determine the design of the benefits package. The executive leadership of the organization usually make most of the key decisions that relate to the benefits package. It usually takes a shorter time to complete when compared to the backing in method. The top-down method is, therefore, less complicated than the backing in method, and requires less time and resource to complete. Outcomes of Strategic Benefits Planning Initiatives A key benefit of the strategic planning of the benefits program of an organization is improvements in the operational efficiency
  • 20. of the organization, which consequently leads to goal achievement and a reduction in the operating costs of an organization. By designing its benefits package to be in line with long term goals and objectives, an organization ensures employees are well motivated for their various roles and receive comparable salaries to other employees in competing organizations within the same industry. This also enables the organization to efficiently use its resources in motivating employees and consequently improving productivity. Key employee positions that contribute the most to the success of the organizations are identified and competitive remuneration plans can be used to boost their productivity. The strategic planning of an organization’s benefits program also enables the organization to focus on long term goals and objectives. By designing a benefits package that takes into consideration the strategic focus of an organization, the human resource function of the organization is structured in a way that is focused on the long term goals and objectives of the organization which consequently ensures key organizational activities are designed in a way that emphasizes those goals. This gives the organization a sense of direction that guides its key activities and ensures key organizational resources are spent on the most important activities of the organization. The strategic planning of an organization’s benefits package also enables the organization to focus on the future and as a result, ensure it is in a position to meet the changing needs of the human resource market. Unfavorable changes may take place from time to time that could not have been foreseen by the organization. Strategic planning enables an organization to plan for these situations well in advance in order to be in a position to handle them when they eventually take place. This ensures the organization is proactive and is able to respond to situations immediately when they arise in an effective way. Conclusion Benefits planning plays an integral part in the operations of an
  • 21. organization. Through a comprehensive benefits program, an organization is able to ensure that it provides its employees with a competitive remuneration package that is comparable to industry standards and can act as a motivational tool for improving productivity. Efficient benefits planning also enables an organization to emphasize its long term goals and objectives to employees, which consequently ensures that all organizational resources are dedicated to key goals and objectives that have been outlined in an organization's strategic plan. An effective benefits plan, therefore, ensures that employees are well motivated and are in a position to help the organization achieve its long term goals and objectives. Through the program, an organization is able to define the requirements of each role and as a result, identify suitable candidates for the role and compensate them as per industry standards. References Kahn, L., & Lange, F. (2014). Employer learning, productivity, and the earnings distribution: Evidence from performance measures. The Review of Economic Studies, 81(4), 1575-1613. Retrieved from https://academic.oup.com/restud/article- abstract/81/4/1575/1576902 Lemieux, T., & MacLeod, W. (2009). Performance pay and wage inequality. The Quarterly journal of Economics, 124(1), 1- 49. Retrieved from https://www.nber.org/papers/w13128.pdf Nickerson, J. A., & Zenger, T. R. (2008). Envy, comparison costs, and the economic theory of the firm. Strategic Management, 29(13), 1429-1449. Retrieved from https://onlinelibrary.wiley.com/doi/abs/10.1002/smj.718 Sandhya, K., & Kumar, D. (2011). Employee retention by motivation. Indian Journal of Science and Technology, 4(12). Retrieved from https://pdfs.semanticscholar.org/314b/bb852bc7754df0ecb07f7d
  • 22. 3ef2ba36ad0727.pdf Running head: SALES FORCE COMPENSATION 1 SALES FORCE COMPENSATION 10 Sales Force Compensation Tonya Palmer Dr. Gary Lorenzo Wash Total Rewards February 17, 2019 Sales Force Compensation Introduction WorldatWork refers to a global association focusing on human resource management experts and business leaders. Its main objectives revolve around the attraction, motivation, and retention of employees. The total rewards provided by the organization are six in number, but the paper will focus on five. They comprise of work-life effectiveness, professional development & recognition, talent development, compensation & benefits, and performance management. The Total Reward Components by WorldatWork
  • 23. Compensation and Benefits These are the first total rewards in the tool kit of WorldatWork. When one talks about compensation, it is significant to identify possible approaches used by an organization to provide its employees with salaries, remunerations, and allowances among other benefits. It comprises of hourly wages and base salaries. Additionally, it may include benefits such as bonuses and profit sharing after a company has done well in the market. Benefits also have reference to options and mandatory programs provided to employees. Compensation and Social Security is an example of necessary programs. Compensation and benefits are significant for motivating high performance among the sales force. When an organization can provide the best salaries and benefits to employees, they may spend a substantial amount of time (extra hours) without complaints to deliver the required services and products for the market. Employees may become loyal and may have active engagement in the decision-making process (Zhou, Zhao, Tian, Zhang, & Chen, 2018). This means that an organization will have the capacity to deliver the desired sales results within the shortest period and use limited resources in doing so. Work-Life effectiveness The reward has reference to the provision of employees with opportunities to meet their professional goals. This may be seen through an example of allowing employees to either come to their work early or leave late. The reward may occur to enable them to deal with their issues. They may have involvement in getting their kids on the bus and having to attend school events
  • 24. belonging to their children. Employers have the powers to establish programs that allow employees to volunteer on a part- time base. Another provision may include stress-management resources. The above reward is significant in ensuring that employees can manage and balance their lives in the professional sector and the domestic environment. It facilitates them to develop good relations with their family members while at the same time perform well in the workplace (Dhar, 2015). Employees have an opportunity to grow and meet personal goals besides having work to do relating to their employers. Professional Development & Recognition It deals with opportunities relating to the learning and advancement processes. It provides employees with tuition reimbursements, defined advancement tracks, and mentorship programs. An organization may decide to cover costs for employees to receive the needed online course. Recognition entails acknowledging the performance of employees. Employees perform well when they are recognized. This is because they tend to think that an organization appreciates their position in the workplace. Professional development motivates employees to feel that an organization wishes them well and is involved in making them grow in terms of their careers. Talent Development Talent development involves the process of ensuring that employees can develop their expertise and talent through mentorship programs and training capacity. The reward works in the same way as the professional development reward. This is because it focuses on talent. Employees may be endowed with strengths in sports, art, music, and dance. An organization such as WorldatWork which focuses on the talent development of
  • 25. employees may develop them wholly. They may become significant people who may create change in their workplace and their social environments (Mamede, Ribeiro, CIGS, Gomes, & Rego, 2014). Talent development provides employees with satisfaction knowing they have an opportunity to grow their strengths and personality. Performance Management Performance management looks into the way employees work and delivers professional results in their workplaces to ensure the development of an organization. It focuses on strategies employed by employees to ensure that their organization remains competitive. Employees should have the capacity to become independent and to be engaged in decision making in the organization. This makes them feel valued in driving the organization forward. It influences employees to become careful in delivering services and products to the market. The Behaviors of the Salesforce as per the Compensation Plan It is crucial to note that the compensation plan directly impacts the sales force in an organization. The compensation plan may be used to determine the amount of products sold and the profits generated by the compensation plan. The way a sales team receives compensation determines the bottom line of an organization. With the above in place, it is important to note that not every compensation plan is perfect. The are numerous pros and cons that impact the behavior of compensation plans on employees. Employees are provided with a commission for them to become motivated to sell more products and services. A well-designed sales compensation framework reinforces an
  • 26. organization way of achieving goals. It ensures that an organization acquires the desired strategic plan. It takes into account the various conditions that affect the ability of a company in producing results about sales. Salespeople have the capacity of competitors in their nature. They always want to win. This makes it mandatory for an organization to focus on knowing the direction of its business. The main reason is that the business may end up in the wrong hands and the wrong direction (Greguras & Diefendorff, 2009). The organization’s sales incentive should be simple in the business environment. Despite the above, it is crucial to consider the different factors that are involved in affecting the behavior of people. This occurs when it comes to considering the effects of performance. It also looks into the incentive pay affiliated with performance measure. In the case of behavioral traits of the salesforce, a compensation plan should link the incentive pay and the performance of the salespersons as reiterated above. The above strategy is undertaken to avoid behaviors that are unexpected during the sales process. Some of the significant salesperson behaviors may be several. Among them include objectivity, reliability, clarity, communication, and fairness. Others may comprise of quantity, informativeness, measurement review, and agreement. This means that organizations through their compensation plans should measure the outcome of the behavior of their salespersons. This makes it possible for an organization to operate well without having to worry about the salespersons (Vispute, 2013). A compensation plan that looks into the performance of the employees may influence others to continue working hard and to provide the organization with the needed results. It also initiates transparency and effective communication among the various individuals that work as salespersons. Value Proposition and Achievement for Employees
  • 27. The value propositions, in this case, are the guiding principles towards the situation. Value proposition refers to the capacity of employees to deliver the best results in their work environment and to become relevant in their social settings. It is crucial to note that the employees that leverage a total rewards package may turn out to be the best employees in the professional environment. This is because a fully satisfied and motivated employee can create change in the organization they work for daily. An employee who receives the needed remuneration package and benefits may be able to remain loyal to an organization in the future and current status of the organization. It may become hard for competitors to porch such employees from an organization they work for in the market. When it comes to training, employees are always in need of advanced knowledge to better their careers (Inabinett & Ballaro, 2014). These skills are not only applicable to them but organizations at large. The organizations in the market depend entirely on the skills provided to them by their employees for them to become relevant in the market. The above factor means that employees have to be trained to provide advanced skills that boost the competitive status of the organizations. Therefore, training provides an organization with a future capability of becoming a change marker in society. Talking of talent development, employees have other skills that are not associated with their professionalism. An organization that focuses on strengthening their talents motivates employees to remain competitive and for them to perform well because they feel valued by an organization. Talents may be used to improve the corporate social responsibility of an organization and market the organization to the market.
  • 28. Work-life effectiveness if leveraged ensures that an employee becomes a person who can balance the career and personal life. It gives one an opportunity to define their strengths and use them to improve the professional environment (Ozolina-Ozola, 2014). This serves as an advantage to the performance reward points. Employees can become diverse in terms of handling their work and their personal lives. Recognized employees can feel appreciated, and they may continue to perform well amidst challenges affecting their professional environment. From the above, it is evident that the process of leveraging a total rewards package by employees influences them to become valuable in the market. Type of Plan to Create at WorldatWork The organization has done an excellent job through the introduction of its rewards package. When it comes to my additions, I will look into a plan that focuses on aligning the organization’s objectives with family values. An organization is a massive component of employees that function as a family. The organization represents a family unit while the CEO and the senior managers represent the father and the mother. WorldatWork’s employees represent the children, and its competitors may refer to the stakeholders around it such as neighbors. The operations of the organization relate to the daily life of the family. With the above analogy, the plan focuses on developing strong relationships among employees. It focuses on creating effective communication and transparency in conducting decision making. Employees need to have an open door family whereby they can communicate with each other about but using professionalism ethics. Employees should think of their positions and relationships with colleagues as necessary in the current and future development of their organization.
  • 29. During social events at the organization, it is crucial for the employees to feel that they are home and they may be free to interact with everyone without having to feel limited in their capacity (Ozolina-Ozola, 2014). This means that they may have the opportunity to bring their children to such events and letting them play with each other. It is through the above that an organization can become a full component in terms of acquiring its desired results and the goals of its employees. When it comes to future salespeople, they are sorted. The plan attracts them to remain loyal to the organization and their colleagues. The salespeople may consider selling the goods as their own. This means that they may try as much as possible to ensure that they do not make mistakes in their work. They will create various opportunities in the sales processes that may lead to revenue generation and the boosting of profits. Salespeople may also create a dynamic way of relating to customers which may increase their capacity to sell more products in the market. This may influence growth and at the same time ensure that the salespeople can be promoted for their contribution to the professional environment of their organizations. Conclusion It is significant to understand that WorldatWork has done an excellent job trying to create reward packages for the market. This creates a saleable aspect among products and the people involved in making it possible that products reach the market. Salespeople can focus on their value in the market while such an organization can create a value proposition that is advantageous to its current and future growth. When an organization has an effective plan, it means that it becomes relevant in its operations. References
  • 30. Dhar, R. (2015). Service quality and the training of employees: The mediating role of organizational commitment. Tourism Management, 46,, 419-430. Greguras, G., & Diefendorff, J. (2009). Different fits satisfy different needs: Linking person-environment fit to employee commitment and performance using self-determination theory. Journal of Applied Psychology, 94(2), 465–477. Inabinett, J., & Ballaro, J. (2014). Developing An Organization By Predicting Employee Retention By Matching Corporate Culture With Employee's Values: A Correlation Study. Organization Development Journal, 32(1), 5-12. Mamede, C., Ribeiro, N., CIGS, E., Gomes, D., & Rego, A. (2014). Leader’s moral inteligence and employees’ affective commitment: the mediating role of transformational leadership. In XXIV Luso-Spanish Conference on Scientific Management, 3-11. Ozolina-Ozola, I. (2014). The impact of human resource management practices on employee turnover. Procedia – Social and Behavioral Sciences, 156, 223 – 226. Vispute, S. (2013). Recruitment strategy and employee retention in Indian banking and insurance sector. International Journal of Arts & Sciences, 6(2),, 743-746. Zhou, L., Zhao, S., Tian, F., Zhang, X., & Chen, S. (2018). Visionary leadership and employee creativity in China. International Journal of Manpower, 39(1), 93-105. Thanks for completing and uploading your assignment for review. It’s our third assignment with only two left to go. As I reviewed your work, I could clearly see that you have presented information and thoughts that have added some value to the
  • 31. main topic expectations for the paper. Please note some additional findings below. · The introduction section should not have a heading called introduction and the heading should not be bold text. Also not that the introduction section is misleading as it does not fully tell the reader what the entire paper is about. · Citations throughout the paper are not set up correctly according to our course rules. · You have many citations claiming to represent certain information from sources, yet you have not properly identified the words for your readers. This is very necessary and required. So, that sums up the feedback Tonya. I want you to know that you have done quite well with this assignment. Work on the above issues and you will do great next time. We still have 2 assignments remaining, so dig in and prepare to do your best work. Don’t lose sight of the fact that there are numerous tools and information available to help you succeed. But as well, I, too, am always here to support your success. If there are any questions at all regarding the feedback, please let me know. Dr. Wash Running head: TOTAL REWARDS DESIGN AND COMMUNICATION 1 TOTAL REWARDS DESIGN AND COMMUNICATION 2 Total Rewards Design and Communication Tonya Palmer Dr. Gary Lorenzo Wash Total Rewards
  • 32. February 3rd, 2019 Total Rewards Design and Communication The Total Rewards Design Process For many organizations, the purpose of the sales force compensation plan is to evaluate the bonuses, commission that will maximize sales, and the mix of salary. When designing the compensation plan for the sales people, considerations such as mix between incentive and salary, measures of performance, level of pay, and performance-payout relationships must be made (Boxall & Purcell, 2011). These are some of the basic considerations that need to be made by every organization with an aim of generating more sales within a specified period of time. A company that relies of making sales needs to fully invest in the sale force as they are core to the overall business strategy. One way of doing so entails putting in place a total rewards program that not only meets the trends in the labor market but also motivates the sales personnel. It is imperative to point out that sales personnel must be motivated and inspired so that they can meet the stipulated goals (Boxall & Purcell, 2011). A company needs to have a total rewards brand that sales force can identify with. In this regard, a total rewards design must consider various factors that meet the interests and desires of the sales people in a bid to drive the overall strategies for an organization. Unilever is a global brand that has been designing the total rewards program with the aim of attracting, motivating, and rewarding the sales personnel. The company develops and distributes various products in the global market meaning a sales force is important in promoting the brand. The company has a total rewards program which ensures that is supportive in a bid to achieve the desired targets of the human resources professionals and the company in general (Chow, 2012). The total rewards program for the sales people put in place by the
  • 33. company has the following aspects: compensation, enhanced flexibility, benefits, work-life balance, rewards and recognition, and opportunities for career progression. Compensation refers to the fixed and variable pays that are coupled with short-term and long-term incentives. Enhanced flexibility refers to flexible working hours offered to the sales force. Benefits encompass monetary payments such as commissions and medical benefits (Chow, 2012). Work-life balance refers to supporting the workers by making sure they are able to balance between work and life’s responsibilities. Rewards and recognition are offered to performing sales people as a way of motivating them. Finally, the company offers opportunities for career progression to the sales people that are deemed hardworking and fully integrated into the company’s culture. Unilever has been offering the total rewards program with the aim of attracting, retaining, and motivating the sales people. The company invests in human resources as they are core in driving its global strategy especially when it comes to accessing more customers at a global scale. The sales force is core to this strategy meaning that it must be motivated into meeting the set goals. The total rewards program is deemed one of the best in the industry as it is centered on the sales personnel who are then expected to drive the strategy of the organization. Considerations to be made when designing a total rewards program When designing a total rewards program for the sales people, there are three major considerations that need to be made as follows. One, they need to consider the level of pay which refers to the amount of money that will be paid to a sales person over the course of the year. In most cases, this needs to be viewed as a range as bonuses or commissions will vary (Boxall & Purcell, 2011). In order to motivate the sales personnel, it is imperative that the level of pay meets the expectations of the sales force. Additionally, the level of pay offered should be competitive as a measure of retaining the sales force. For most
  • 34. organizations, sales department has higher than average turnover rates meaning retention should be targeted by the level of pay. Additionally, the method for rewarding the sales people need to be considered. As was earlier highlighted, the sales personnel must be rewarded and recognized for their efforts so as to motivate and retain them. In order for this to be done, an organization needs to put in place measures for evaluating performance so that sales personnel that deserve rewards and recognition can be known (Boxall & Purcell, 2011). The rewards offered must meet the expectations of the recipients so as to have a lasting impact. For instance, not all sales people would want to receive monetary rewards some would prefer a paid vacation. In this regard, the methods for rewarding should be diverse and in line with the overall mission and objectives of the organization. Finally, performance-payout relationship need to be considered which refers to a pay strategy where individual or organizational performance have an influence on the amount of pay or bonuses given to the employees. In this case, a company will need to ensure that the compensation plan is sustainable and does not put the company’s financial performance in problems. The pay and compensation offered to the sales people must be aligned with individual and organizational performance. Notably, this strategy should be communicated to the sales personnel so that they can perform knowing that benefits received are directly influenced by their performance as well as organizational performance. Actually, this is the model that is utilized by majority of organizations as a way of aligning individual performance to organizational performance. Communicating Total Rewards to Executives, Managers, and Workers If one asks an employee how much they are paid, majority will
  • 35. tell about the salaries they receive. Notably, though salaries are a major part of the compensation there are other benefits and incentives that are received by workers. As a business owner, one knows how much goes to workers and they will never know it unless they are told. The total rewards need to be communicated to executives, managers, and workers. In the modern era, communication can even be automatic where statements are automated and all level of workers given an access. The statements should break down the plans and present them in a manner that is easy to understand. In communicating a total rewards program to business executives, there are aspects that need to be looked into. A business owner needs to communicate the plans to the business executives in a manner that exhausts all of them. As earlier highlighted, there are executives who may not be aware of incentives and benefits hence may have the wrong perceptions and attitudes towards the business owner. Additionally, in the event of any necessary changes, the executives need to be consulted and involved in the overall decision-making process as a way of making them feel as part and parcel of the organization (Gubbala & Battu, 2012). Further, even the slightest details of the plan should be communicated to the executives as they may have an impact on some or all of the executives. Finally, it is imperative to note that when communicating the plan it is good practice when the business owner outlines the processes and procedures for arriving at the plans. Managers also need to know everything about the compensation plan. Though managers and executives have better access to company information than low ranking workers, there are certain aspects of the compensation plans they may not be familiar with. In this respect, communicating the plan to the managers should mainly about covering details that managers may be unaware of. For instance, they may not be aware of how the organization arrives at plans offered. Such information should be communicated in a manner that addresses all
  • 36. questions and queries. Finally, all the plans for all categories of employees need to be communicated to the workers. Employees are in most cases not fully aware of benefits and incentives meaning that it is the duty of the business owner to communicate them in an effective manner. Actually, this should be done during hiring as a method for motivating the employees. When being hired a number of workers tend to perceive salaries as the only compensation they will be getting from the employer (Gubbala & Battu, 2012). However, this is actually not the case hence they should be fully informed about it by the employer. Communicating to executives, managers, and workers about the total rewards program has benefits such as making them feel valued and appreciated hence motivating them. They tend to feel that their welfare is taken care for. They also feel a sense of belonging which makes them develop willingness of taking part in various undertakings of the organization without being compelled. In essence, a business owner should ensure that all aspects of the total rewards program are communicated to all high ranking and low ranking employees. Total Rewards Branding and its Importance Total rewards branding refers to creating and communicating the uniqueness of a total rewards program to all employees. Majority of organizations tend to create the brand that informs the workers what is expected from them and what they are likely to get in return (Gubbala & Battu, 2012). The branding is important as it ensures that all workers are already aware of various elements of the total rewards programs and how they impact their overall compensation plan. The brand can even be used to attract top talents hence impacting the overall organizational performance positively. It is important to note that the human resources have a role to play in branding the total rewards program. First, the department needs to closely involve the workers in promoting the brand and making them aware of all benefits and plans. More so, in the event of any
  • 37. changes to the brand that should also be fully communicated to the workers effectively. The human resources department should keep all workers close and also should ensure that they perform in line with the mission and objectives of the brand. Finally, the department needs to put in place performance measurement and evaluation methods that will help enable the company attain an effective performance-payout relationship. References Boxall, P., & Purcell, J. (2011). Strategy and Human Resource Management. New York, NY: Palgrave Macmillan. Chow, H. (2012). The roles of implementation and organizational culture in the HR-performance link. he International Journal of Human Resource Management 23(15), 3114-3132. Gubbala, M., & Battu, N. (2012). Employee Welfare In Industry: Industrial Workers Perspective. London, UK: Lap Lambert Academic Publishing. **This page follows your assignment cover page** EXECUTIVE SUMMARY The executive summary will have 3 main headings only and they are (1) department information, (2) key report topics, and (3) statement of impact. They are in bold black text below. No additional headings are permitted. Department Information In this section, create your own HR department information. You can name a company if you wish, but at a minimum you must share the mission and goals of your HR department, what are the different functions or sections in the department, and how you formed your project team to deal with developing the
  • 38. total rewards program for the company. This section should be at least 1 full paragraph. Key Report Topics In this section, make a list of the key topics from your previous paper assignments. You will start by stating: The HR project team was charged with, and completed the following major tasks: (then list the requirements) · Identify a total rewards design process by defining key strategies, statements, and philosophies attributed to the organization. · Assess and discuss at least three (3) considerations that need to be determined as you are developing a total rewards program. · Discuss briefly the detail and emphasis of communicating total rewards programs to 3 levels of audiences: (1) Executives, (2) Managers, and (3) Employees. Take into consideration what needs to be communicated to whom and at what level of detail. · Define total rewards branding and explain why it is important. What is HR’s main role in TR branding? Notice that the above bullets are the exact same paper requirements from assignment 2. You will continue listing all requirements until all three assignments are completed. Statement of Impact The statement of impact is a minimum full paragraph or more on how the work you and your team completed with the above
  • 39. paper requirements will add value to the organization. Things to consider are (1) How will the work impact the defined business goals? (2) Why do you believe the total rewards package will attract high-performing employees? You are free to be creative as these are examples, but you must be clear about the impact of the total rewards program. NOTE Remember that the executive summary will not be more than 2 pages but must at least be 1.5 pages. Points will be taken if this does not occur so please do not feel that you must get long- winded. Also note that the cover page for the assignment and the executive summary information are the only parts of the assignment that do not have to be double spaced. You may be creative in how you set the informant up, but it must still be properly aligned. DO NOT procrastinate ask your professor if you have questions. ACC 150 THE LEGAL ENVIRONMENT OF BUSINESS With Doreen Smith, Esquire Chapter 8
  • 40. GENERAL PRINCIPLESWhat is a Tort? Civil wrong that interferes with one’s property or person. A common tort is a negligence action which often impact a business (such as a slip and fall action or car accident).Torts distinguished from crimes/contracts Crime arises from violation of public duty, whereas tort arises from violation of private duty. Same act can be both a crime and a tort. A breach of contract action is not a tort. CIVIL VS. CRIMINAL CASECriminalBurden of Proof—beyond a reasonable doubtCase brought by governmentGuilty person would pay a fine, serve time in prison or receive the death penalty CivilBurden of Proof—By the preponderance of the evidenceCase brought by a private partyA Defendant may pay damages for what they did wrong. GENERAL PRINCIPLES Types of Torts:Intentional (see below for specific torts)Civil wrong that results from intentional conduct. This a a category of torts that includes assault, battery and defamation.Negligence Civil wrong that results from careless conductStrict LiabilityCivil wrong for which there is absolute liability because the activity is inherently dangerous INTENTIONAL TORTS Assault Intentional conduct that threatens a person with a well-founded fear of imminent harm.
  • 41. Battery Intentional, wrongful touching of another (the completion of the assault). False ImprisonmentIntentional detention without consent.Shopkeeper’s PrivilegeDefense to a claim of false imprisonment for retail stores.Permits detention for reasonable time with reasonable suspicion. INTENTIONAL TORTS Intentional Infliction of Emotional Distress. Outrageous conduct which goes beyond all bounds of decency. Invasion of Privacy—three separate torts:Intrusion into plaintiff’s private affairs.Public disclosure of private facts.Appropriation of another’s name, likeness or image for commercial advantage. INTENTIONAL TORTS Defamation.Untrue statement published to a third party that damages a person’s property interest.Requires three elements: statement, publication and damagesSlander is oral defamation.Libel is written (broadcast, internet). INTENTIONAL TORTS Defamation: Privilege. Absolute Privilege: when members of Congress speaking on floor of senate or House, witnesses in court proceedings.Qualified Privilege: as long as released without malice and a retraction is made.Example—news media
  • 42. INTENTIONAL TORTSProduct DisparagementWhen someone makes a false statement about a business or product.Wrongful Interference with ContractsWhen a third party interferes with someone else’s freedom to contract. NEGLIGENCENegligence exists when a person acts with less care than is reasonable, causing foreseeable injury. Elements of a negligence claim: 1. Duty, 2. Breach, 3. Causation and 4. Damages NEGLIGENCEDuty and Breach There is a general duty to act as a reasonably prudent person in a similar circumstance. A professional (doctor, lawyer, accountant) must act at the same skill level as other professionals in same field. The second element is that the defendant breached that duty established by statute or under the reasonable person standard. NEGLIGENCE Causation. Connects duty with injuries to plaintiff—two types of causation: “But For” defendant’s action, plaintiff would not have suffered the injury. Proximate Cause: plaintiff’s injury was foreseeable.
  • 43. NEGLIGENCE Damages. Past and future pain and suffering, physical impairment, medical care, loss of earning capacity. Experts help juries “quantify” the injuries. Joint and Several Liability: when actions of two or more defendants impose liability on all actors. Each one is responsible for all injuries. * NEGLIGENCE Defenses to Negligence. Contributory Negligence: plaintiff’s partial negligence bars recovery for his injuries. Comparative Negligence: determines the fault of both parties. Plaintiff receives partial recovery based on percentage of defendant’s fault. NEGLIGENCE Defenses to Negligence. (continued) Assumption of Risk: burden is on defendant to prove plaintiff knew about risk and chose to proceed. Express Assumption: usually exculpatory writing. Implied Assumption: subjective, based on circumstances. STRICT LIABILITY
  • 44. What is Strict Liability? Absolute liability imposed by law to protect the public or ultra-hazardous activities such as dynamite excavations. Imposing Strict Liability.Can involve transportation of toxic materials, but most common is product liability.Strict Liability also refers to products liability (this topic will be revisited in Chapter 24) ACC 150 THE LEGAL ENVIRONMENT OF BUSINESS With Doreen Smith, Esquire Chapter 7 GENERAL PRINCIPLES OF CRIMINAL LAWNature and Classification of Crimes. A crime is a violation of the law that is punished as an offense against the state or government. A misdemeanor is punishable by less than a year in prison. A felony is a crime that is punishable by imprisonment of over a year.Elements of a crime:Mental state or intent andAct or omission GENERAL PRINCIPLES Basis of Criminal Liability. Mental State
  • 45. Intent or scienter (knowingly/ deliberately) Act or Omission An act or omission of a required act must actually take place. Harm Harm may occur, but it is not a required element for an act to be classified as a crime. * 1 Chapter 8 BUSINESSES Corporate Liability Corporations can be held liable for the actions of their employees. Officers and Agents of Corporations When a business manager knows of illegal conduct by and employee or authorized the action, he or she can be held liable under criminal law. Under federal law, an executive must actively engage in the underlying crime to be found criminally liable. PENALTIESForfeitureGiving up property used or gained from a criminal act.Criminal PenaltiesCorporate Integrity
  • 46. AgreementsFederal Sentencing GuidelinesOfficer and Executive BanishmentBarring executive and officer from working in the field. SOXSarbanes-Oxley (SOX)Federal statute passed after the Enron-WorldCom debaclesSets standards for public companies and accountants.Obstruction of Justice: SOX.Felony for anyone (including company employees, auditors, attorneys, and consultants), “to alter, destroy, mutilate, conceal, cover up, ……..[records or documents to] obstruct, or influence the investigation or proper administration of any matter within the jurisdiction of any department or agency of the United States.” SOXSOX:Auditors must retain work papers for 5 yearsDestruction of documents prior to that time constitutes a felony with a penalty of 20 years in prisonCorporate officers must certify their financial statements when issued. SOX PENALTIESUp to 20 years penalty for mail or wire fraudViolation of pension laws can be up 10 years and fines up to $100,000Corporate fraud can result in fine of $1 million and 10 years or for a willful violation $5 million and 20 years. WHITE-COLLAR CRIMES Money Laundering. Crime is the knowing and willful participation in a financial transaction involving unlawful proceeds in order to disguise the
  • 47. source of the funds.Money Laundering Control Act (2000), amended by Patriot Act and Bank Secrecy Act. Patriot Act expands coverage. Banks are more involved in supervising accounts. WHITE-COLLAR CRIMES Racketeering Influenced and Corrupt Organizations (RICO)Federal law targeting organized crimeThe government has used this law to prosecute a wide variety of criminals (not just organized crime)Criminal conviction can result in $25,000 fine and 20 years in prisonA civil plaintiff can recover treble damages (3 times actual damages) and attorneys fees WHITE-COLLAR CRIMES Bribery Giving of money, property or benefit to influence that person’s judgment. Foreign Corrupt Practices Act Federal criminal statute applies to a US business that gives bribes to a foreign entity (more about this law in the International law chapter). Extortion and Blackmail.Extortion: public officer makes illegal demand for money.Blackmail: Extortion demands made by a nonpublic official. WHITE-COLLAR CRIMES Counterfeiting Making a document or coin that appears genuine but is not
  • 48. (needs fraudulent intent) Forgery Fraudulently making or altering an instrument. Example-such as signing someone else’s name on a check. Perjury Knowingly giving false testimony. WHITE-COLLAR CRIMES Bad Checks Using a check knowing there is insufficient funds in the bank to cover the check Credit Card Crimes Possess or use a credit card without the permission of the card owner Embezzlement The fraudulent taking of another’s property or money by a person who has been entrusted with the property or money COMMON LAW CRIMESLarcenyWrongful taking of the property of anotherRobberyTaking personal property in the presence of the victim by force or fear.BurglaryBreaking and entering into a dwelling of another with the intent to commit a felonyArsonWillful and malicious burning of another’s dwelling. CRIMINAL LAW AND THE COMPUTERWhat is a Computer Crime? The unauthorized taking of information from a computer is a crime under both federal and state statutes. Theft of hardware and softwareDealt with under laws that deal with theftIntentional damageIntentional damage through malware or
  • 49. using a virus can be a crime depending on the law in the state where the crime occurred. CRIMINAL LAW AND THE COMPUTER Economic Espionage by Computer.Economic Espionage Act (federal law): felony to steal, appropriate, or take, copy, duplicate, sketch, draw, photograph, download, upload, alter, destroy, replicate, transmit, deliver, send, mail, or communicate information from a computer to an unauthorized personElectronic Fund Transfer Crimes (federal law)Makes it a crime to use any counterfeit, stolen, or fraudulently obtained card to obtain money or goods.Digital Millennium Copyright Act (federal law)Makes it a federal offense to circumvent or create programs to circumvent encryption to copy copyrighted material (without authority to do so) CONSTITUTIONAL RIGHTS FOR BUSINESSES U.S. Constitution protects both individuals and businesses from violation of rights by the government. Fourth Amendment Rights for Businesses. Search and Seizure: Warrants. The Fourth Amendment protects against unreasonable searches. Government must obtain a search warrant based on probable cause. Exceptions to Warrant Requirement: Emergencies and Plain View.
  • 50. CONSTITUTIONAL RIGHTS FOR BUSINESSES Fourth Amendment Rights for Businesses. Business Records and Searches Requires a search warrant The records sought can be at an accountant’s or attorney’s office Protections for Privileged Records and Documents. Includes: attorney-client privilege and other privileges. CRIMINAL PROCEDURE RIGHTS FOR BUSINESSES Fifth Amendment Self-Incrimination Rights for Businesses. Self-Incrimination. The Fifth Amendment protects against self- incrimination and provides due process. Does not apply to corporations, only individuals. Disclosures of corporate records must be made. CONSTITUTIONAL RIGHTS FOR BUSINESSES Fifth Amendment Self-Incrimination Rights for Businesses. Miranda Rights. The rights that must be given to a person who is to be interrogated in relationship to a crime Due Process Rights for Businesses.Due Process is the right to be heard, question witnesses, and present evidence before any criminal conviction. Sixth Amendment requires a speedy trial