1. HRTC
Memo
To: Management Consultant
From: HRTC
Date: August 9, 2014
Re: Non-Profit Organization Research
I believe motive carries a greater weight on ethical scales in this situation. The corporate
culture for greed can influence any ethical challenges that may arise. Some of these challenges
can result in criminal violations or civil liability: fraud, misrepresentation, and
misappropriation of assets fall into this category. More common ethical problems involve gray
areas—activities that are on the fringes of fraud, or that involve conflicts of interest,
misallocation of resources, or inadequate accountability and transparency.
An organization whose primary purpose does not include profit will want to consider applying
for a 501(c)(3) status. Legally, a nonprofit organization is one that does not declare a profit,
but instead allocates all net revenue (after normal operating expenses) to the public interest
furthered by the organization.
According to 501(c)(3) It is illegal to declare a profit. The 501(c)(3) states Legally, a
nonprofit organization is one that does not declare a profit, but instead allocates all net revenue
(after normal operating expenses) to the public interest furthered by the organization. If
HRTC makes a profit and uses it for the wealth of the investors this will be illegal and moral
compliance with the IRS regulation governing non-profit organizations.
References
IRS.gov Retrieved from http://www.irs.gov/Charities-&-Non-Profits/Charitable-
Organizations/Exemption-Requirements-Section-501%28c%29%283%29-Organizations
3. HRTC is committed to conducting its business with integrity underlying all relationships,
including suppliers, communities and among our employees. The highest standards of ethical
business conduct are required of HRTC employees in performance of their responsibilities.
Employees will not engage in conduct or activity that may raise questions as to the company’s
honesty, impartiality or reputation or otherwise cause embarrassment to the company.
Employees will avoid any action, whether or not specifically prohibited in the personnel policies,
which might result in or reasonably be expected to create an appearance a conflict of interest
including: using public office or public position for private gain, giving preferential treatment to
any person or entity, losing impartiality, adversely affecting the confidence of the public in the
integrity of the company.
Employee’s members of the Board of Directors, and agents of HRTC are prohibited from:
1. Offering, accepting or soliciting money, property, services or value by way of gift,
favor, inducement or loan with the intent that the offer would influence or recipient
would be influenced in the course of their duties.
2. Using their position to secure special advantage in business, personal gain or other
benefit derived from such relationship.
3. Using any agency-owned facility, building, equipment, materials or vehicle for their
personal use or benefit, or for the personal use of benefit of any other individual. No
employee shall have unauthorized possession of company property.
4. Investing or holding a financial interest, directly or indirectly, in any business entity,
transaction or business endeavor that would create a conflict between the agency
employee’s duty to uphold the public trust and the individuals private interest
4. .
Company employees may not be hired as vendors, working ‘off the clock’ for payment of
services.
In general, the use of good judgment, based on high ethical principles, will be the guide with
respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the
proper course of action, the matter must be disclosed to the immediate supervisor. The Director
of Human Resources will be informed for the purpose of precluding any real or apparent conflict
of interest.
WORKPLACE VIOLENCE POLICY
HRTC provides a safe workplace for all employees. To ensure a safe workplace and to reduce
the risk of violence, all employees should review and understand all provision of this workplace
violence policy.
Prohibited Conduct: We do not tolerate any type of workplace violence committed by or
against employees. Employees are prohibited from making threats or engaging in violent
activities.
This list of behaviors, while not inclusive, provides examples of conduct that is prohibited.
Causing physical injury to another person;
Making threatening remarks or gestures;
5. Aggressive or hostile behavior that creates a reasonable fear of injury to another person
or subjects another individual to emotional distress;
Intentionally damaging employer property or property of another employee;
Possession of a weapon while on company property or while on company business;
Committing acts motivated by, or related to sexual harassment or domestic violence.
Reporting Procedures
Any potentially dangerous situation must be reported immediately to your supervisor or the
Human Resource Department. Reports can be made anonymously and all reported incidents will
be investigated. Reports or incidents warranting confidentiality will be handled appropriately
and information will be disclosed to others only on a need-to-know basis.
WORK RULES
Reasonable rules of conduct are necessary for the orderly, efficient, and safe operation of
business. The list below is meant to serve as a guideline for identifying conduct that will result
in disciplinary action.
This list is not intended to be all inclusive. Management reserves the right to modify work rules
and regulations or to establish different or additional rules or regulations as it deems appropriate
and necessary at any time.
The following conduct may result in disciplinary action up to and including discharge.
Disciplinary action includes verbal or written, or dismissal. In cases of dismissal, the employee
6. will receive a statement in writing defining specific act or omissions that precipitated the
disciplinary action unless the termination is within the employee’s Orientation Period. An
employee may be terminated without warning for causes related to personal conduct detrimental
to HRTC, or to protect the safety of persons or property.
1) Breaching HRTC confidentiality policy; disclosing or making available to unauthorized
persons confidential or proprietary information about our staff.
2) Rude, abusive, threatening behavior, disorderly conduct, obscene language or fighting on
agency property; bringing firearms, knives, or any incendiary devices onto HRTC
property.
3) Harassment, bullying, creating a hostile work environment or any form of conduct or
harassment that impedes job performance or created a hostile or offensive working
environment. Interfering with, or refusing to cooperate with co-workers in the
performance of their duties.
4) Tampering, altering, falsifying or misrepresenting agency records including but not
limited to times, travel records, staff records or reports.
5) Theft of HRTC property or removal of HRTC supplies or equipment from the premises
without authorization from a supervisor.
6) Insubordination; refusal to follow a supervisor’s instructions or to perform assigned
work.
7) Failure to adhere to agency policies, work rules or procedures including financial policies
and procedures.
8) Actions that would in any way seriously disrupt or disturb the agency reputation or
business including acts of destruction and violence.
7. 9) Excessive/patterned absences or tardiness, abuse of sick leave; failure to return to work
after a leave.
10) Unsatisfactory work performances; failure to complete assigned work in a timely manner.
11) Falling asleep on the job; wasting time, loafing, loitering.
12) Leaving the work area during working hours without permission from immediately
supervisor.
13) Jeopardizing the health and safety of a staff member. This includes physically or
emotionally abusing staff.
14) Bringing illegal drugs or alcohol onto agency property or to agency events held offsite
unless sanctioned by the agency; failure to comply with drug and alcohol testing
requirements. Not securing prescription or over the counter drugs.
WARNING NOTICES – DISCIPLINE
HRTC does not use progressive discipline. All employees are expected to meet HRTC’s
standards of work performance. Work performance encompasses many factors, including
attendance, punctuality, personal conduct, job proficiency and general compliance with HRTC’s
policies and procedures.
If an employee does not meet those standards, HRTC may take corrective action, other than
immediate dismissal.
The intent of corrective action is to formally document problems while providing the employee
with a reasonable time within which to improve performance. The process is designed to
8. encourage development by providing employees with guidance in areas that need improvement
such as poor work performance, attendance problems, personal conduct, general compliance with
HRTC’s policies and procedures and/or other disciplinary problems.
REPORTING UNETHICAL BEHVIOR PROCEDURES
Individuals who believe they have experienced conduct that is contrary to HRTC’s policy or who
have concerns about such matters should direct her/his complaint in writing within 7 days of the
incident(s) to the Executive Director or Director of Human Resources as a personal and
confidential correspondence.
The complaint must:
1. State the name and work location of the employer making the complaint.
2. State a specific instance(s) of harassment or discrimination (dates, content, etc.)
3. State the name and position of the person responsible for the harassment or
discrimination.
4. State the name of the immediate supervisor.
The Executive Director will then respond immediately by initiating a fact-finding process. Once
the situation has been assessed, the Executive Director will respond to the complaint in writing.
HRTC prohibits retaliation against any individual who reports discrimination or harassment or
participates in an investigation of such reports. Retaliation against an individual for reporting
harassment or discrimination or for participating in an investigation of a claim of harassment or
discrimination is a serious violation of this policy and, like harassment or discrimination itself,
will be subject to disciplinary action.
9. EMPLOYEE ANNUAL REVIEWS
The evaluation of an employee’s performance is intended to be a continuous process of
communication between employee and supervisor and is based on continued observation, and
information.
An evaluation of each HRTC staff member will be completed once a year. The evaluation
procedures is designed to:
1. Determine retention of an employee at the end of the Introductory Period.
2. Acknowledge the achievement of past goals and promote the setting of realistic goals for
the future,
3. Demonstrate appreciation for employee contributions, provide constructive feedback on
employee performance,
4. Identify employee training needs and professional development opportunities, and
establish school readiness goals.
An Initial Evaluation must be completed for each new employee, by his/her supervisor on or
before the end of the 90-day Introductory Employment Period. Employees promoted to new
positions may also be subjected to evaluation at the 90-day period.
An Annual Evaluation must be completed every 12 months. At the review, the supervisor will
discuss with the employee their strong points and their weakness’ as they pertain to the job
description. The supervisor and employee are encouraged to discuss employee’s performance
and achievements, professional development plans and/or progress, and any pertinent changes in
employee’s responsibilities.
10. ETHICS EVALUATION QUESTIONS FOR EMPLOYEE ANNUAL REVIEW
1) Is it okay for an employee to steal from their company?
2) Should violence or discrimination be tolerated in a workplace?
3) You notice that a fellow employee has several personal letters printed from a computer
that you are responsible to manage. Do you tell your supervisor?
4) Your current employer has a time clock for the employees to use to punch in and out of
work. You notice that another employee is punching the time cards of employees that
have not arrived at work yet. What should you do?
According to Nolo.com, electronic contracts and electronic signatures are just as legal and
enforceable as traditional paper contracts signed in ink. Federal legislation enacted in 2000,
known as the Electronic Signatures in Global and International Commerce act (ESGICA),
removed the uncertainty that previously plagued e-contracts.
This 2000 e-signature law made electronic contracts and signatures as legally valid as paper
contracts, which was great news for companies that conduct business online, particularly
companies that provide financial, insurance, and household services to consumers. The law also
benefits B2Bs (business-to-business websites) who need enforceable agreements for ordering
supplies and services. For all of these companies, the law helps them conduct business entirely
on the Internet. This results in substantial savings to businesses, which can be passed on to
consumers. For example, one online company estimated that eliminating paperwork fees reduced
the cost of processing a home loan by $750.
11. An electronic contract is an agreement created and "signed" in electronic form -- in other words,
no paper or other hard copies are used. For example, you write a contract on your computer and
email it to a business associate, and the business associate emails it back with an electronic
signature indicating acceptance. An e-contract can also be in the form of a "Click to Agree"
contract, commonly used with downloaded software: The user clicks an "I Agree" button on a
page containing the terms of the software license before the transaction can be completed.
Since a traditional ink signature isn't possible on an electronic contract, people use several
different ways to indicate their electronic signatures, including typing the signer's name into the
signature area, pasting in a scanned version of the signer's signature, clicking an "I accept"
button, or using cryptographic "scrambling" technology.
Though lots of people use the term "digital signature" for any of these methods, it's becoming
standard to reserve the term "digital signature" for cryptographic signature methods and to use
"electronic signature" for other paperless signature methods.
Cryptography Signature (PKI) is the science of securing information. It is most commonly
associated with systems that scramble information and then unscramble it. Security experts
currently favor the cryptographic signature method known as Public Key Infrastructure (PKI) as
the most secure and reliable method of signing contracts online.
PKI uses an algorithm to encrypt online documents so that they will be accessible only to
authorized parties. The parties have "keys" to read and sign the document, thus ensuring that no
one else will be able to sign fraudulently. Since the passage of the e-signature law in 2000, the
use of PKI technology has become more widely accepted. Many online services offer PKI
encrypted digital signature systems that function much like we use PINs for our bank cards.
12. Other e-signature systems have been developed, including a method for digitally recording a
fingerprint, and hardware that electronically records your signature. In addition, the organization
that sets Web standards for the Internet, the Worldwide Web Consortium (W3C), developed
XML-compliant guidelines for digital signatures.
The visitor to the website was supposed to read the agreement before clicking on
‘AGREEMENT’. The agreement is still valid even though the visitor opt not to read it. One you
click on ‘AGREEMENT’ you are electronically signing the contract.
As long as they follow the Uniform Electronic Transactions Act. They will not be committing a
crime. Some states have adopted the Uniform Electronic Transactions Act (UETA), which
establishes the legal validity of electronic signatures and contracts in a similar manner as the
federal law. If a state has adopted the UETA, or a similar law, the federal electronic signature
law won't override the state law. But if a state has adopted a law that is significantly different
than the federal law, it will be trumped by the federal law. This ensures that electronic contracts
and electronic signatures will be valid in all states, regardless of where the parties live or where
the contract is executed.
13. References
Electronic Signatures and Online Contracts. When signatures are used, contracts created online
areas legal as those on paper. Retrieved from: http://www.nolo.com/legal-
encyclopedia/electronic-signatures-online-contracts-29495.html
14. HRTC
Memo
To: Ms. Butler
From: Lorie Francisco
Date: July 26, 2014
Re: Voinovich – Age Discrimination
Ms. Butler, HRTC is in an Employment-at-will” State. Which means that an employer can
terminate an employee at any time for any reason and the employee is free to leave their
employer at any time for any or no reason with no legal consequences. HRTC can also change
the terms of the employment relationship with no notice and no consequences.
HRTC has not violated any laws because we are an Employment-at-will State.
Voinovich is correct in her belief that she may have an age discrimination case under ADEA.
Under ADEA, it is unlawful to discriminate against a person because of his/her age with respect
to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff,
compensation, benefits, job assignments, and training. ADEA age discrimination protects
employee who are 40 years old and older. Voinovich is 67 years old therefore, she can file an
age discrimination suit under the ADEA. HRTC has to have documentation proving that
Voinovich is overqualified for that position. If HRTC cannot provide documentation to prove
Voinovich is overqualified then she could win case. It is also unlawful for HRTC to retaliate
against her for filing an age discrimination charge under ADEA.
Voinovich is not legally covered under Older Workers' Benefit Protection Act (OWBPA).
OWBA prohibits discrimination against older workers in all employee benefits except when age-
based reductions in employee benefit plans are justified by significant cost considerations. This
is not an employee benefit case.
References
http://www.dol.gov/asp/regs/rulemaking.htm
15. What I have learned in Business Law and Ethics are basic laws that are needed to operate a business.
The topics that we covered where: Legal Principles, Contracts, Sales, Criminal Law And The
Uniform Commercial Code Affect Cyber Law, Alternative Dispute Resolution, Contract Law, Ethics,
Social Responsibility and The Law, Agency and Employment, PropertyLaw, Business Organization
and Regulations. The tools that we used in class was the discussion board, videos, website research
and case studies. Participated in this course increased my knowledge in these areas of Teamwork:
Tolerance, Communication, Attitude, Interpersonal Skills, Enthusiasm, Problem Solving,
Productivity, Dependability, Information and Technologies. This knowledge will defiantly increase
my capabilities in my studies of Human Resource field. I will be more helpful with employee and
business law. By enhancing my decision-making process when banking and working for organization
that are held accountable for legal and ethical standards. Knowing how contracts work will come in
handy in personal life. In order to selected the resources that I used to do my projects and
assignments. I had to evaluate the source by critical thinking the value of information that they had
that pertained to my topic. If they had valuable information that will be an asset to my project I used
the source. There were many resources that I did not use because they did not have any relevant
information on my topic.
The things that I would do differently is to stay more focused. Try my best to overthink my
assignments, discussions or projects. By getting nervous and overthinking keep you from
understanding your assignment.