Business communication and legal issues
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This document provides an overview of key legal issues in business communication including defamation, invasion of privacy, misrepresentation, fraud, employment laws, and credit/collection laws. It defines defamation as harming reputation through false statements and discusses the differences between slander and libel. Invasion of privacy includes intrusion of solitude and public disclosure of private facts. Employment laws regulate conditions of employment and worker classifications. Credit and collection laws aim to protect consumers and prohibit unfair practices. Copyright law grants creators intellectual property protections for original works.
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The document discusses key aspects of civil law cases, including requirements that must be met before filing a lawsuit in federal court. It notes that the claimant must exhaust all administrative remedies by filing with the EEOC and evaluate the viability of their case by assessing whether there was a real injury and if the court has proper jurisdiction. It also outlines the burden of proof in civil cases and criteria that must be met to establish a prima facie case of discrimination under Title VII.
Assaignment on International Human Resource Management-Chapter 10.pdf
This document contains a student's responses to questions about international human resource management issues. The student identifies several typical problems that arise with expatriate assignments, such as different business practices, inadequate legal infrastructure, and government corruption. The student also lists pertinent internal and external factors to consider for sending a medical team from Bangladesh to Palestine, including industry characteristics, country/regional characteristics, organizational networks, corporate strategy, and experience managing international operations.
The Evolving Employee-Employer RelationshipUntil the nineteenth ce.docx
The Evolving Employee-Employer Relationship
Until the nineteenth century, the employer-employee relationship had been one-sided, with employees having little voice in the establishment of wages or working conditions. “Employment-at-will” was the standard, meaning the employer could fire or hire employees at will.
Eventually, starting in the mid-1800s, courts began granting labor unions the right to organize and bargain for better pay and terms of employment. Through a series of court decisions, a “common law” developed, which began to redefine the employment relationship.
Federal and state legislation began to follow the courts in the early 1900s. The Railway Labor Act (1926), Social Security Act (1935), National Labor Relations Act (1935), and Fair Labor Standards Act (1938) are examples of a shift to a more balanced relationship between workers and employers. Pay, conditions, termination, discrimination, retaliation, and many other aspects of the employer-employee relationship have continued to evolve over the years.
The employment-at-will doctrine has evolved from its traditional definition (an employee can be fired at any time, for any reason, or for no reason at all) to a doctrine replete with exceptions. The most notable exception is discrimination, which will be addressed in detail in Week 2.
Employment contracts, both express and implied, have emerged as a major exception to the at-will doctrine. An express employment contract is an agreement between employee and employer, usually in writing, which spells out the terms of the relationship. Implied contracts are those which can be found by the courts to be agreements between the parties even though no formal agreement exists.
The best example of an implied employment contract is an employee handbook or a policy manual. Elements found in a handbook will usually be considered an agreement between employer and employee. This is particularly true with regard to terminations if the handbook specifies a procedure for firing of employees.
Labor Movement—Facts and History
According to Cihon, P. J., & Castabnera, J. O. (2017),
Review each button to learn more.
1760 to 1840
The industrial revolution creates a large class of employee workers—all power lies in the hands of employers.
Early- to Mid-1800s
Employees begin to band together into labor unions and receive negative treatment from the courts—unionization treated as an illegal act.
1842
The first US case is filed to decriminalize union organizing—Commonwealth v. Hunt, 44 Mass. (4 Met.) 111 (1842). In Commonwealth, the court determined that unionizing and applying pressure on employers through organized effort was not an illegal act.
1908
Employers Liability Act is enacted to protect and compensate railroad workers injured on the job.
1926
Railway Labor Act creates a system of negotiation, mediation, and arbitration.
1933
President Roosevelt initiates .
Patent right
The document discusses intellectual property rights (IPR) including patents, trademarks, copyrights, and goodwill. It defines each type of IPR and provides examples. Patents protect inventions and give the inventor exclusive rights for a limited period. Trademarks protect brands and logos. Copyright protects artistic and literary works. Goodwill refers to the value of a business based on customer loyalty and reputation. The document also discusses IPR infringement, registration processes, and legal penalties for violations of IPR.
Anti bribery
- Bribery is illegal and has negative effects on businesses, individuals, and society. The Bribery Act 2010 was introduced to modernize UK bribery law and tackle all forms of bribery.
- The course aims to help learners understand the key provisions of the Bribery Act 2010, identify potential bribery risks, understand the principles and implications for business, explain why anti-bribery measures are essential, and know what an anti-bribery policy includes.
- There are six main principles of the Bribery Act 2010 that guide organizations' anti-bribery procedures: proportionate procedures, top-level commitment, risk assessment, due diligence,
Chapter # 8
This document discusses moral choices that employees may face, including whistleblowing, conflicts of interest, insider trading, bribery, and balancing self-interest with moral obligations. It provides definitions and perspectives on these issues, noting that resolving moral conflicts requires identifying relevant obligations and deciding which to prioritize. Whistleblowing is justified if the employee has an appropriate motive, exhausted internal options, found compelling evidence, considered dangers, and has a chance of success. Self-interest must be weighed against moral duties and harm to others.
Public Relations Legal Considerations
This document discusses several key legal considerations for public relations professionals, including protections under the First Amendment for different types of media and commercial speech. It also covers regulations around lobbying, political expression, copyright, trademarks, defamation, privacy, and insider trading. The document analyzes these legal issues and provides examples of past PR-related cases involving companies like Enron, Abercrombie & Fitch, the Church of Scientology, and American Apparel.
Scott phinney law for small businesses
This document outlines key legal issues for small businesses to consider when starting and operating a business. It discusses finding an attorney, selecting an appropriate business form, creating the business entity, protecting intellectual property, raising financial capital, buy-sell agreements and key person insurance, contract law, credit and payment issues, and employment issues. The document provides an overview of important factors to consider in each area and recommends consulting an attorney for specific legal guidance.
Conference paper 1 st national forensic conference, yaounde. [compatibility m...
Conference paper 1 st national forensic conference, yaounde. [compatibility m...RICHARD MAYUNGBE, PhD, MSc, MBA, FCCA, CPFA, CISCOM
The document provides an agenda for a 3-day national forensic conference on fraud in Cameroon. Day 1 will define fraud and how it occurs, as well as common fraud schemes and targets. Day 2 will cover interviewing for fraud in audits. Day 3 will focus on fraud investigations and interviewing techniques. The conference aims to bring together experts to address fraud and corruption issues in Africa.Unfair competition
This document discusses unfair competition and related intellectual property issues. It covers trade secrets, misappropriation, the right of publicity, and false advertising. Specifically, it defines unfair competition and outlines forms such as passing off, misappropriation, infringement of publicity rights, and false advertising. It provides examples and details about these concepts, defenses, and relevant laws such as the Lanham Act.
False Personation aka Identity Theft
False personation laws have been enacted at both the state and federal levels to prevent individuals from falsely assuming another person's identity to gain benefits or cause harm. Prior to 1998, these crimes were prosecuted under false personation statutes, but the Identity Theft and Assumption Deterrence Act of 1998 made identity theft a separate federal crime with increased penalties of up to 15 years in prison. Subsequent laws like the Identity Theft Penalty Enhancement Act of 2004 and Identity Theft Enforcement and Restitution Act of 2008 further strengthened penalties for identity theft and provided restitution for victims.
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Business communication and legal issues
- 1. BUSINESS COMMUNICATIONBUSINESS COMMUNICATION AND LEGAL ISSUESAND LEGAL ISSUES
- 2. CONTENTSCONTENTS 1.Introduction 2.Defamation 3.Invasion of Privacy 4.Misrepresentation and Fraud 5.Laws Regarding Employment & Credit & Collection 6.Other Areas Of Caution in Business Communication
- 3. INTRODUCTION Legal aspect refers to the selection of words used in Business Communication so as to ensure their conformity with the rules and regulations laid by the country’s business law failure to which may cause a person to be up against legal actions.
- 4. Defamation It is the act of harming the reputation of another by making a false statement to another person. The act of defamation may be through a false written or oral statement. There are two types of defamation- •Slander- Oral Defamation •Libel- Written Defamation Defamation broadly contains two legal terms- •Publication •Privilege
- 5. (i)Publication- It means the defamatory material coming into the knowledge of a third person other than the defamed one. Therefore, a letter containing negative idea or a statement about a person should be addressed to him directly : •In a seal envelop •Marked Private •Such message should not be dictated or sent through fax (ii)Privilege- A legal right to communicate defamatory material or information in a certain situation. • Absolute- Statement cannot be sued on as defamatory, even if it were made maliciously. • Qualified- Same effect as absolute, but does not protect that can be proven to have been made with malicious intent.
- 6. Invasion of Privacy •Intrusion of solitude- When individual intrude upon another personal private affair •Appropriation of name or likeness- When a person uses name of other without permission
- 7. •Public disclosure of private facts- Dissemination of personal information, that is not of public concern •False light-Misleading information which put someone in false light
- 8. Misrepresentation and Fraud To give a false idea about someone or something They can be classified as follows- •Innocent Misrepresentation •Fraudulent Misrepresentation •Sales Warranties- (i) Express Warranties (ii)Implied Warranties •Fraud
- 9. Laws regarding Employment Indian labour law divides the industry into two broad categories: Factories Act, 1948 Shops & Establishment Act
- 10. Industrial Employment Act 1946 • Requires employers in industrial establishment to clearly define conditions of employment. • Orders issued deal with classification of workers,holidays,shifts,etc. • Workers are classified as: (i)apprentice/trainee (ii)Casual (iii)Probationary
- 11. Credits and Collections • Equal Credit Opportunity Act: Engagement of financial institutions in credit extensions to all creditworthy customers. • Fair Credit Billing Act: Protects consumers against unfair credit card practices. • Fair Credit Reporting Act: Protects consumers from erroneous information which ruin their credit rating. • False Claims Act: Seeks to protect the federal govt. from fraudulent claims.
- 12. Other area of caution in business communication Copyrights: Copyrights is a form of intellectual property protection granted under law to creators of original works computer programs, tables and compilation (including computer database which may be expressed in words, codes) Indian perspective. (i) Economic Rights: In case of literal, dramatic , musical , and artistic work; cinematographs films and sounds recording: to perform work in public or communication in public, to make cinematograph film or sound recording in respect of work, and to make any translation or adaptation of work
- 13. In case of computer program: author enjoy right of sell or give on hire, or offer for sale or hire any copy (ii) Moral right: •Right of Paternity: Claim of authorship of work •Right of integrity: Prevent distortion, mutilation or other alteration of his work
- 14. Bibliography Effective Business Communication by Herta A. Murphy 7th ed. Tata McGraw Hill Labour Employment Laws India pdf Google
- 15. Thank You