Title: 1. Jennings, M. (2018). Business: Its legal, ethical, and global environment (11th Edition). Cengage Learning, Boston, MA.
Chapter 1. Introduction to Law.
provide a graduate-level response to each of the following questions:
1) Franklin Felon shot and killed two people during a robbery. Why was this act a violation of both criminal and civil law?
2) Explain the sources of each type of law and provide examples of each: constitutional law, statutory law, common law.
Chapter 2. Business Ethics and Social Responsibility.
1) Marco Manager supervises three employees at a bank. Several times over the last three months, money has been missing from a specific employee’s till at the end of the shift. Marco Manager has worked with this employee for five years and considers this employee a friend. What ethical dilemmas does this present for Marco Manager?
2) Cash Right Now, LLC provides very high interest loans to people with poor credit scores that have a high probability of defaulting on the loan. Many people do in fact default on these loans; however, Cash Right Now, LLC does make a substantial profit overall, even considering these defaults. The people that borrow from Cash Right Now, LLC are unlikely to obtain credit elsewhere. Discuss if Cash Right Now, LLC’s business practices are ethical considering it charges much higher interest rates than traditional banks.
Chapter 3. The Judicial System.
Chapter 4. Managing Disputes: Alternative Dispute Resolution and Litigation Strategies.
1) Explain the pros and cons of utilizing litigation to resolve a dispute as opposed to alternatives to dispute resolution.
2) Peter Plaintiff is citizen of Kentucky. He drives to Tennessee and purchases a lawn mover from Lousy Lawn Mowers, Inc. Peter Plaintiff returns to Kentucky and is seriously injured when the lawnmower explodes during normal use. Lousy Lawn Mowers, Inc. does not do business in Kentucky and is incorporated in Delaware. May Peter Plaintiff bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or federal court, and why?
Chapter 5. Business and the Constitution.
1) Explain the difference in procedural due process and substantive due process, providing examples of each.
2) Beets R Us, LLC is a medium-sized farm in Iowa that grows beets that are only sold in Iowa. It does not export its beets outside of Iowa, though sometimes customers from out of state buy its beets while visiting Iowa. Is Beets R Us, LLC’s business practices subject to federal jurisdiction under Article I, Section 8 of the United States Constitution? Why or why not?
Chapter 6. Administrative Law.
1) The Federal Aviation Administration (FAA) proposes a new rule. During the comment period, an individual considered to one of the most experienced aviation experts in the country strongly disagrees with the rule and provides a wide variety of support for her position. Must the FAA not pass the proposes rule based on this commen ...
Complete the following problems from your textbook, located at the e.docxbrownliecarmella
Complete the following problems from your textbook, located at the end of each respective chapter. Save your work as a WORD document, then SUBMIT it to the SUBMISSION LINK for this assignment.
You do not need to write out the questions. However, you must write out your responses in complete sentences. Please be very thorough and detailed. This is your opportunity to "show-off" what you learned this week.
Chapter 18
18-2
Conflicts of interest. Oxy Corp. is a negotiating with Wick Construction Co. for renovation of Oxy’s corporate headquarters. Wick, the owner of Wick Construction Co. is also one of the five members of Oxy’s board of directors. The contract terms are standard for this type of contract, Wick has previously informed two other directors of his interest in the construction company. Oxy’s board approves the contract by three-to-two votes, with Wick voting the majority. Discuss whether this contract is binding on the corporation. (see Directors and Officers)
Chapter 19
19-1
Employee versus independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemerling paid certain fixed expenses and followed various rules relating to the use of the Cab, the hours that could be worked, and the solicitation of fares, among other things. Rates were set by the state. HappyCab did not withhold taxes from Hemmerling’s pay. While driving the cab, Hemmerling was injured in an accident and files a claim for workers compensation benefits in a state court. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling wan an employee? Explain. (See agency Law)
19-4
Agent’s Duty to Principal. William and Maxine Miller were shareholders of Claimsco International, Inc. They filed a suit against the other shareholder, Michael Haris and keneeth Hooxie, an the accountant
who worked for all of them- John Verchota. Among other things, the Millers alleged that Verchota had breached a duty that he owed them. They claimed that harris’s instruction, Verchota had taken various actions that placed them at a disadvantage to the other shareholders. Verchota had allegedly adjusted Claims co’s book to maximize the millers financial liabilities, for instance, had falsely reported distributions of income to them without actually transferring that income. Which duty are the Millers referring to? If the allegations can be proved, did Verchota breach this duty? Explain. (see duties of agents and principals)
.
19-8
Agency Relationships. Standard Oil of Connecticut, Inc., sells home heating cooling, and security systems. Standard schedules installations and service appointments with its customers and then contracts with installers and technicians to do the work. The company requires an installer or technicians to do the work. The company requires an installer or technician to complete a project by a certain time but to otherwise “exercise independent judgment and control in the execution of any work” The in ...
http://finishedexams.com/LAW_421_Final_Exam.php
Immediate access to solutions for ENTIRE COURSES, FINAL EXAMS and HOMEWORKS “RATED A+" - Without Registration!
1) Which of the following violates the Foreign Corrupt Practices Act (.pdf101lightings
1) Which of the following violates the Foreign Corrupt Practices Act (FCPA)?
A U.S. company bribes a government official in order to influence a governmental decision.
A publicly traded company that does not engage in international trade refuses to allow its
company records to be inspected by U.S. officials.
A U.S. company promises to pay a bribe to a foreign company but is unsuccessful in gaining any
benefits from that company.
A U.S. company revises its financial statements to hide a payment made to a government official
in another country.
All of the above violate the Foreign Corrupt Practices Act (FCPA).
2) True or False: The FCPA applies only when I am in a foreign country.
True
False
3) According to the reading Baker Hughes Foreign Corrupt Practices Act , for many years after
the FCPA was implemented in the U.S., other nations were resistant. However, in the 1990s,
international sentiment about corruption began to change due to which of the following
factor(s)?
Many nations were caught in high-profile scandals involving the bribery of public officials.
The World Bank's decision to blacklist governments who were found to participate in large-scale
corruption from receiving future loans.
A growing body of academic literature clearly demonstrated the link between political corruption
and reduced economic growth.
A and C
A, B, and C
4) After an internal investigation, Baker Hughes implemented which of the following changes?
Choose the best answer.
Eliminated the role of agents completely.
Put in tight controls and parameters, including audits.
Increased the frequency and amount of facilitating payments.
Required division managers to perform due diligence only if they noticed red flags after the
agents have started.
5) True or False: Law affects every aspect of a business. As such, a failure to implement
appropriate legal measures to prevent collusion can hinder firms from fully realizing the benefits
of the other resources they control.
True
False.
BUS 206 Final Project Guidelines and Rubric Overview .docxRAHUL126667
BUS 206 Final Project Guidelines and Rubric
Overview
Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, s ell services and products, and
engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a
fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.
The final assessment for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and
your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the
course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be
submitted in Module Seven.
This assessment addresses the following course outcomes:
Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authentic situat ions
Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporate decision making
Analyze the basic elements of a contract and a quasi -contract for their application to commercial and real estate scenarios
Differentiate between the various types of business organizations for informing rights and responsibilities
Prompt
Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studi es and compose a
short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on
areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlord-
tenant law. Case Study Three involves environmental law and business organizations.
Case Study One
Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with
Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to
design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris direct s Novelty Now to substitute PYR (a low-
cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in
newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After
he ...
Complete the following problems from your textbook, located at the e.docxbrownliecarmella
Complete the following problems from your textbook, located at the end of each respective chapter. Save your work as a WORD document, then SUBMIT it to the SUBMISSION LINK for this assignment.
You do not need to write out the questions. However, you must write out your responses in complete sentences. Please be very thorough and detailed. This is your opportunity to "show-off" what you learned this week.
Chapter 18
18-2
Conflicts of interest. Oxy Corp. is a negotiating with Wick Construction Co. for renovation of Oxy’s corporate headquarters. Wick, the owner of Wick Construction Co. is also one of the five members of Oxy’s board of directors. The contract terms are standard for this type of contract, Wick has previously informed two other directors of his interest in the construction company. Oxy’s board approves the contract by three-to-two votes, with Wick voting the majority. Discuss whether this contract is binding on the corporation. (see Directors and Officers)
Chapter 19
19-1
Employee versus independent Contractor. Stephen Hemmerling was a driver for the Happy Cab Co. Hemerling paid certain fixed expenses and followed various rules relating to the use of the Cab, the hours that could be worked, and the solicitation of fares, among other things. Rates were set by the state. HappyCab did not withhold taxes from Hemmerling’s pay. While driving the cab, Hemmerling was injured in an accident and files a claim for workers compensation benefits in a state court. Such benefits are not available to independent contractors. On what basis might the court hold that Hemmerling wan an employee? Explain. (See agency Law)
19-4
Agent’s Duty to Principal. William and Maxine Miller were shareholders of Claimsco International, Inc. They filed a suit against the other shareholder, Michael Haris and keneeth Hooxie, an the accountant
who worked for all of them- John Verchota. Among other things, the Millers alleged that Verchota had breached a duty that he owed them. They claimed that harris’s instruction, Verchota had taken various actions that placed them at a disadvantage to the other shareholders. Verchota had allegedly adjusted Claims co’s book to maximize the millers financial liabilities, for instance, had falsely reported distributions of income to them without actually transferring that income. Which duty are the Millers referring to? If the allegations can be proved, did Verchota breach this duty? Explain. (see duties of agents and principals)
.
19-8
Agency Relationships. Standard Oil of Connecticut, Inc., sells home heating cooling, and security systems. Standard schedules installations and service appointments with its customers and then contracts with installers and technicians to do the work. The company requires an installer or technicians to do the work. The company requires an installer or technician to complete a project by a certain time but to otherwise “exercise independent judgment and control in the execution of any work” The in ...
http://finishedexams.com/LAW_421_Final_Exam.php
Immediate access to solutions for ENTIRE COURSES, FINAL EXAMS and HOMEWORKS “RATED A+" - Without Registration!
1) Which of the following violates the Foreign Corrupt Practices Act (.pdf101lightings
1) Which of the following violates the Foreign Corrupt Practices Act (FCPA)?
A U.S. company bribes a government official in order to influence a governmental decision.
A publicly traded company that does not engage in international trade refuses to allow its
company records to be inspected by U.S. officials.
A U.S. company promises to pay a bribe to a foreign company but is unsuccessful in gaining any
benefits from that company.
A U.S. company revises its financial statements to hide a payment made to a government official
in another country.
All of the above violate the Foreign Corrupt Practices Act (FCPA).
2) True or False: The FCPA applies only when I am in a foreign country.
True
False
3) According to the reading Baker Hughes Foreign Corrupt Practices Act , for many years after
the FCPA was implemented in the U.S., other nations were resistant. However, in the 1990s,
international sentiment about corruption began to change due to which of the following
factor(s)?
Many nations were caught in high-profile scandals involving the bribery of public officials.
The World Bank's decision to blacklist governments who were found to participate in large-scale
corruption from receiving future loans.
A growing body of academic literature clearly demonstrated the link between political corruption
and reduced economic growth.
A and C
A, B, and C
4) After an internal investigation, Baker Hughes implemented which of the following changes?
Choose the best answer.
Eliminated the role of agents completely.
Put in tight controls and parameters, including audits.
Increased the frequency and amount of facilitating payments.
Required division managers to perform due diligence only if they noticed red flags after the
agents have started.
5) True or False: Law affects every aspect of a business. As such, a failure to implement
appropriate legal measures to prevent collusion can hinder firms from fully realizing the benefits
of the other resources they control.
True
False.
BUS 206 Final Project Guidelines and Rubric Overview .docxRAHUL126667
BUS 206 Final Project Guidelines and Rubric
Overview
Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, s ell services and products, and
engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a
fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.
The final assessment for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and
your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the
course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be
submitted in Module Seven.
This assessment addresses the following course outcomes:
Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authentic situat ions
Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporate decision making
Analyze the basic elements of a contract and a quasi -contract for their application to commercial and real estate scenarios
Differentiate between the various types of business organizations for informing rights and responsibilities
Prompt
Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studi es and compose a
short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on
areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlord-
tenant law. Case Study Three involves environmental law and business organizations.
Case Study One
Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with
Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to
design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris direct s Novelty Now to substitute PYR (a low-
cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in
newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. After
he ...
Question 1 1. The seller can recover the purchase price for the .docxmakdul
Question 1
1. The seller can recover the purchase price for the goods only under certain circumstances, including when:
The buyer accepts, but fails to pay for the goods.
The goods are destroyed after risk of loss passes to the buyer.
The buyer rejects specially manufactured goods that cannot be resold.
A, B and C.
0.5 points
Question 2
1. Which of the following is a true statement?
It is unlawful for an employer in the U.S. to hire illegal immigrants unless the employer is based in a border region with very high employment.
As a general rule, it is illegal in the U.S. for private sector employers to use polygraph tests on their employees.
The WARN Act in the U.S. prohibits a company from closing a major plant unless it gets the permission of the Department of Labor.
A closed shop which requires union membership as a condition of hiring is legal pursuant to federal labor laws in the United States.
0.5 points
Question 3
1. Which of the following best describes a shareholder's preemptive rights?
The right to purchase shares of another shareholder pursuant to a buy-and-sell agreement.
The right to purchase a pro-rata portion of any additional shares issued by the corporation.
The right of shareholders to override actions of the board of directors.
The right of shareholders to remove members of the board of directors without cause.
0.5 points
Question 4
1. Under the implied warranty of merchantability:
A.
Both merchants and non-merchants generally are liable.
B.
The warranty includes a requirement that the goods be adequately packaged and labeled.
C.
The warranty applies even if a product is misused and instructions are disregarded.
D.
The warranty is based on a reasonable consumer expectations test as to what a high quality of a good should be.
0.5 points
Question 5
1. Under the UCC a merchant is best described as a
A salesman or saleswoman
A retailer
An inventor
A Venetian
0.5 points
Question 6
1. Common law consists of:
Laws which all nations have in common.
Laws which affect everyone, including ordinary persons.
Rulings and opinions which have been issued by judges when deciding previous cases.
Laws which more people are aware of.
0.5 points
Question 7
1. Under the common law, a tort can best be defined as:
A.
Any violation of an ethical or moral duty.
B.
Another term for a crime or misdemeanor.
C.
An action done in breach of an agreement that allows the aggrieved party to recover damages.
D.
A civil wrong that allows an injured person to recover damages.
0.5 points
Question 8
1. A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.
the nearest federal district court.
the nearest federal court of appeals.
the United States Supreme Court.
0.5 points
Question 9
1. Which of the following is a FALSE statement:
A.
Comity is a international la ...
BUS 206 Final Project Guidelines and Rubric Overview .docxjasoninnes20
BUS 206 Final Project Guidelines and Rubric
Overview
Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and
engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a
fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.
The final assessment for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and
your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the
course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be
submitted in Module Seven.
This assessment addresses the following course outcomes:
Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authentic situations
Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporate decision making
Analyze the basic elements of a contract and a quasi-contract for their application to commercial and real estate scenarios
Differentiate between the various types of business organizations for informing rights and responsibilities
Prompt
Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a
short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on
areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlord-
tenant law. Case Study Three involves environmental law and business organizations.
Case Study One
Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with
Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to
design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low-
cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in
newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. Afte ...
Speech to Lincoln MA Town Meeting March 24, 2012 in support of constitutional amendment to eliminate the right of corporations to the rights in the Constitution that belong to "the people."
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
1. The security exchange commission (SEC) was formed in 1933 in th.docxjeremylockett77
1. The security exchange commission (SEC) was formed in 1933 in the wake of the great depression. According to Karmel (1998), the SEC engages in a wide range of regulatory activities and some administrative duties but its reputations is mostly that of a prosecutorial agency. As stated by Seaquist (2012), the securities act of 1933 is only applicable to initial public offerings (IPO). To list an IPO it must first be registered with the SEC. Registration is required by law for a corporation to sell stock to the public (Seaquist, 2012). A California private non-profit university wishing to sell “Shares in Learning” certificates for $500 redeemable for two undergraduate courses or one graduate course would not need to register with the SEC to issue the certificates. There are securities that are exempt from registering with the SEC. As stated by Seaquist (2012), one of the securities are exempt from regulation in the Securities Act of 1933 are securities issued by non-profit religious, charitable, educational, benevolent, or fraternal organizations.
If the University was for-profit and operated in all 50 states and wanted to sell the “Shares in Learning” certificate it would still not need to register with the SEC. The supreme court case SEC v W. J. Howey Co. concluded that an investment contract is a security under the act (Seaquist, 2012). As defined by the “Howdy test” an investment contract meets the criteria for a security if a person invests in a common enterprise and reasonably expects a profit derived from the efforts of others (Seaquist, 2012). The “Shares for Learning” certificates do not pass the Howdy test to qualify as a security as there is no reasonable expectation for profit. Despite the fact that the “Shares for Learning” may be resold without limitation it is not feasible to consider making a profit off of the certificates. It seems unreasonable that one would buy the certificates in the hope that the University's leadership would make an effort to increase the cost of tuition to the point that one could turn a profit from the $500 certificates on higher resell.
References
Karmel, R. S. (1998). Creating law at the securities and exchange commission: the lawyer as prosecutor. Law and Contemporary Problems. 61(1) 33-46. Retrieved from the EBSCOhost database
Seaquist, G. (2012). Business Law for Managers. San Diego, CA: Bridgepoint Education, Inc
2. Both the federal and state governments regulate listing and selling stock to the public. The Securities Act of 1933 and the Securities Exchange of 1934 was implemented to protect investors from fraudulent and deceptive activities.
The securities for Private University will not need to be registered with the Security and Exchange Commission (SEC) because, under the Securities Act of 1933, there are several situations in which securities are exempt from registration. One exemption is that nonprofit educational institutions are exempt from having to register secu ...
LAW 531 Final Exam 51 answers highlighted in green and underlined.docxDIPESH30
LAW 531 Final Exam 51 answers highlighted in green and underlined
1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true?
Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain
names are granted only after ensuring that they do not infringe on a valid existing trademark.
A plaintiff must show that the defendant acted in bad faith in order to recover.
Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name.
2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:
That mergers be allowed if United States competitiveness in world markets is improved.
That failing companies are rescued through mergers whenever possible.
That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms.
That certain activities are classified as per se violations.
3 The landlord has the right to enter the leased premises:
To make necessary repairs
Only if specifically provided in the lease
To inspect for waste
To inspect for illegal use
4 Which for of real property ownership includes the greatest degree of ownership?
Fee simple defeasible
Fee simple limitless
Absolute life estate
Fee simple absolute
5 A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as;
The public use doctrine
The fair use doctrine
The bar to patents doctrine
The public service doctrine
6 This form of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case.
Mini-trial
Fact-finding
Judicial referee
Conciliation
7 Which of the following is a distinguishing feature of a common law legal system?
The making of law by the judges and the following of precedent
Requiring guilt be proven beyond a reasonable doubt
An appeal process
The sole source of law is a comprehensive civil code
8 The Sarbanes-Oxley Act was enacted as the result of:
The failure of the savings and loans in the 1980s.
The high profile accounting fraud cases in the 1990s and early 2000s.
The terrorist attacks of Sept 11, 2001.
The collapse of the housing market in the late 2000s.
9 Which of the following is true about sexual harassment in the workplace?
Sexual harassment claims require that persons of both genders be involved.
If a supervisor approaches someone and asks the person out for a social date, and if the supervisor acts in a socially customary manner, it will not be sexual harassment.
Sexual harassment is covered under OSHA as part of workplace safety.
The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
10 Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
...
What was the most important holding of FTC v. WyndhamQuestion 4 o.pdfamirajsharma
What was the most important holding of FTC v. Wyndham?
Question 4 options:
The FTC's role is to protect consumers against anticompetitive and fraudulent business practices.
The SEC's job is to maintain fair, orderly markets and enforce investor protection laws.
Section 5 of the FTC Act provides the FTC with the authority to regulate companies' data
security practices.
Wyndham was ordered to pay $49.4 million in cash which was distributed to qualifying students
who were harmed by the deceptive ads, as well as $50.6 million in debt relief.
The Computer Fraud and Abuse Act of 1986 applies to anyone who intentionally accesses a
Federal interest computer without authorization and alters, damages, or destroys information, or
prevents authorized use of any such computer or information and thereby causes loss.
How did the 11th Circuit's opinion in the LabMD case limit the FTC's ability to regulate data
security?
Question 5 options:
FTC orders must contain more specific requirements for data security than mere reasonableness.
FTC orders can be vague and ambiguous.
FTC orders must contain reasonableness.
None of the above.
Most state laws only require notification if there is a risk of harm. However, some states,
including California, require notification of the breach of covered personal information
regardless of whether there is a risk of harm.
Question 6 options:
Will compliance with the NIST Cybersecurity Framework allow a company to avoid an
enforcement action under Section 5 of the FTC Act?
Question 7 options:
No, but compliance with the SOC2 Framework will.
Not necessarily, but the FTC has suggested that evidence of a cybersecurity program that adopts
the NIST Framework is evidence of adequate security practices.
No, but compliance with the PCI Framework will.
Yes, the NIST Cybersecurity Framework allows a company to avoid enforcement action entirely
under Section 5 of the FTC Act.
Which data categories are included in all state data breach notification laws in the United States?
(Select all that apply)
Question 8 options:
First name only.
First initial and last name in combination with; social security number, drivers license, state ID
number, or account number.
First name and last name in combination with; social security number, drivers license, state ID
number, or account number.
Last name in combination with; social security number, drivers license, state ID number, or
account number.
Do any state breach notification laws require notice of the breach of encrypted information?
Question 9 options:
No, provided that PII data was not stolen.
No, provided that the encryption key was not accessed.
Yes, regardless of if the encryption key was accessed.
Yes, regardless of if PII data was stolen.
Some states only require notification as expediently as possible and without unreasonable delay,
while some require notification require notification within a specified period after discovering a
breach. The shortest time frame is 30 days (Colorado and Flor.
Unit 3 Assignment Instructions Your research paper should be 4–6 pag.docxTakishaPeck109
Unit 3 Assignment Instructions Your research paper should be 4–6 pages and should cover at a minimum:
·
The historical developments/events (a narrative timeline so to speak) that have influenced the court system’s move towards use technology for many different kinds of tasks and services,
·
A description of the specific types of technologies employed (e.g., case management software, eDiscovery®), and an explanation as to how these technologies are utilized in the courtroom.
·
The resulting effects of the new technology on courtroom procedures, presentation of evidence, juries, and verdicts.
In addition to fulfilling the specifics of the Assignment, a successful paper will meet the following criteria:
● Length should be 4-6 pages, excluding cover page and references page.
● Viewpoint and purpose should be clearly established and sustained.
● Assignment should follow the conventions of Standard American English (correct grammar,
punctuation, etc.).
● Writing should be well ordered, logical and unified, as well as original and insightful.
● Your work should display superior content, organization, style, and mechanics.
● Appropriate citation style should be followed.
.
Unit 1 Module 1 - M1 Assignment 3Assignment 3 Views on Diver.docxTakishaPeck109
Unit 1: Module 1 - M1 Assignment 3
Assignment 3: Views on Diversity
Pablo believes that diversity is the most important issue in our culture, and that it is greatly underemphasized. On the other hand, Ralph rarely thinks of diversity, except when it is mentioned in the workplace. Monica is sensitized to multicultural issues because her parents are immigrants who still struggle with discrimination after being here for 20 years.
To obtain a cross-section of what people think about diversity, conduct five-minute interviews with three individuals you don't know well, and assess their views on diversity. You have been provided an
Informed Consent
document for the respondents to sign along with verbally consenting to participate in this assignment. This is to enable that the respondents demonstrate a clear understanding of the meaning and purpose of this assignment. While you are expected to use the informed consent form in keeping with ethical practices for data collection, you do not need to submit it to the instructor as part of the assignment.
Ask the respondents the following questions and record their answers:
When you hear the word diversity mentioned in the workplace, in the media, or in casual conversation, what meaning do you assign this term?
Does a particular race, ethnic group, or other minority group come to mind when you think of diversity? Does one of these groups pertain to you?
Do you think the majority of people in our culture:
Respect cultural differences among groups of people.
Show indifference to cultural differences.
Lack respect for cultural differences. Explain each choice.
If you were to make a suggestion about how our culture should handle diversity over the next decade, what would it be?
Compile your responses and write a brief reflection paper (two pages) on your findings. Specifically address the following issues:
What did you discover was the general attitude toward diversity in our culture?
Is diversity more associated with one race, ethnic, or other minority group than with others? If so, explain why this might be the case.
Compare and contrast the respondent's views with your own. How would you answer the same questions?
Submit your response to the
M1: Assignment 3 Dropbox
by
Wednesday, July 22, 2015
. Your response should be at least two pages long. All written assignments and responses should follow APA rules for attributing sources.
Assignment 3 Grading Criteria
Maximum Points
Interviewed a cross-section of people and acquired the desired responses.
15
Summarized the respondent's attitude toward diversity in modern culture using appropriate terms and concepts.
25
Commented on whether the respondent believed diversity was associated with one particular race or ethnic group more so than others.
25
Provided contrasting views between the respondent's and your own views on the discussed subjects along with an explanation.
25
Wrote in a clear, concise, and organized manner; demonstrated ethical sch.
Unit 1 Learning ActivityTo complete this Learning Activity, firs.docxTakishaPeck109
Unit 1 Learning Activity
To complete this Learning Activity, first interview 3 people by asking them the following questions:
a)
What is mental illness?
b)
Can people with mental illness be helped?
c)
Are people with mental illness dangerous to society?
d)
Can people with mental illness “snap out” of it?
Next, in 2 to 3 paragraphs, summarize your findings of their responses.
Last, referring to the assigned reading, explain in 1 to 2 paragraphs whether you believe that the interviewees’ attitudes represent what the greater society believes about mental illness. Students are to use APA writing style. When completed, submit the Unit 1 Learning Activity Template to the Unit 1 Learning Activity Dropbox.
References
.
Unit 1 - Individual ProjectType Individual ProjectDue Date Mon.docxTakishaPeck109
Unit 1 - Individual Project
Type: Individual Project
Due Date: Mon, 10/10/15
Points Possible: 150
Deliverable Length: 1,000–1,250 words + Excel spreadsheet
Description:
Weekly tasks or assignments (Individual or Group Projects) will be due
by
Monday and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.
A financial team has been properly selected and charged to proceed with its analysis of EEV's financial statements. In the course of its evaluation, it will be assessing the firm's operating performance, benchmarking its competitors, and looking at the industry using financial ratios as its source of measurement.
The income statement measures the firm's profitability over a period of time: 1 month, 1 quarter, or 1 year. The statement focuses on the operations of the firm and explains what was produced and sold. In essence, it summarizes revenues generated and the results.
Tony understands that managing profitability involves overseeing 3 interrelated factors: volume, cost, and price. He has given you the job of conducting an in-depth analysis of EEV's operating performance. You will analyze the following factors:
Sales volume, cost, and price of each specific product
Each product's contribution to sales in terms of profit
The relationship between sales and supportive employment
Tony has made it clear that he expects you to initiate a constructive discussion by describing your findings both in narrative form and through an organized numeric presentation.
Click
here
to view the EEV income statement, and then complete the following in your paper:
Review the sales volume, cost, and price of each specific product.
Review each product's contribution to sales in terms of profit.
Describe the relationship between sales and supportive employment.
Provide an Excel spreadsheet that depicts your findings along with your analysis.
Please submit your assignment.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Objectives:
Describe the components of financial statements and their related footnotes.
Utilize appropriate tools and procedures in analyzing financial data to determine the company’s financial position, operating results, and resource flows.
.
Unit 1 Understanding the Tourism and Hospitality Industry with Work.docxTakishaPeck109
Unit 1: Understanding the Tourism and Hospitality Industry with Work Placement
Introduction
To be assessed on this unit you need to undertake and
SUBMIT
a 2,000 word assignment, clearly following relevant
instructions
on content, word count and referencing procedures.
The assignment is designed to cover the learning outcomes of the unit and help you obtain a clear understanding of the subject area via the research, reading and relevant work experience (if
APPLICABLE
) undertaken during your studies.
You may already be working in the industry and studying OTHM on a part-time basis or perhaps an individual who wishes to
ENTER
the industry or
upgrade
skills through study and work placement.
Some Issues to Consider
Historically, Great Britain played a major role in developing the tourism infrastructure used today, starting with the first tour operator and leading to the development of railway networks and travel by ocean liner – enabling visitors to travel both nationally and internationally.
Modern tourism is a major source of
FOREX
to many developing economies and is often the main industry in an economy. An increase in disposable
income
and the growth of mass air, coach and rail travel has also had a major impact (sometimes negative as well as positive) on a region or economy.
Tourism and hospitality is the world’s largest
EMPLOYER
and an understanding of the industry will enable you to progress further with the other specialist areas of the
diploma
.
Researching the Tourism and Hospitality
The assignment has been designed to encourage you to research the industry, considering the main factors driving the development and demand within the industry. Your assignment should also allow you to gain a clear understanding of the supply chain within the tourism and hospitality industry.
You are required to choose a number of case examples that include
TRAVEL AGENTS
/ tour operators,
carriers
, accommodation and relevant ancillary services. Examples may include major industry players of SMEs that you are familiar with.
2 18 /02/2014
Part I: Assignment Brief
100% of Unit Grade (2,000 words) – Learning Outcomes 1, 2, 3 and 4
Brief:
Your assignment structure and case examples will be
CONFIRMED
by your course tutor via a series of five meetings. Your tutor will be expected to
complete
the ‘tracking sheet’ which also needs to be signed by you – prior to the submission of your assignment.
In order to attempt the assignment you should be studying the topics linked to the learning outcomes and assessment criteria of unit 1: ‘Understanding the Tourism and Hospitality Industry’ as well as undertaking primary research – within and also out of the workplace.
.............................................
SUBMISSION
FORM
(AMG00)
Student to
Complete
For Office Use Only
Marking of Part I: Word count: 2,000 (excluding any appendices, e.g. statistics, models) Maximum word count for appendices: 1,000 Ple.
Unit 2 Assignment Creating an Effective PresentationPresentatio.docxTakishaPeck109
Unit 2 Assignment: Creating an Effective Presentation
Presentation skills are essential in business. This assignment focuses on creating an effective presentation that includes relevant visual aids to develop your topic, as well as a strong hook and delivery.See the attached document for complete instructions and grading rubric.
.
Unit 1 Assignment Computer ComponentsHere is a video introducti.docxTakishaPeck109
Unit 1 Assignment: Computer Components
Here is a
video introduction
to the Assignment. Be sure to adjust your audio settings. Closed captioning is available in the video.
Click the icon below to view the complete Assignment instructions and grading rubric.
Please see attached rubric for guidance.
.
Unethical Situations in the Workplace Recall a time when .docxTakishaPeck109
"Unethical Situations in the Workplace"
Recall a time when you experienced an unethical situation at a work place. What events led up to this situation? Do you think it could have been avoided? Did the company take the right action?
NEEDS TO BE 120 WORDS: DUE DATE: TUES OCT 6
Business Ethics
.
More Related Content
Similar to Title 1. Jennings, M. (2018). Business Its legal, ethical, and g
Question 1 1. The seller can recover the purchase price for the .docxmakdul
Question 1
1. The seller can recover the purchase price for the goods only under certain circumstances, including when:
The buyer accepts, but fails to pay for the goods.
The goods are destroyed after risk of loss passes to the buyer.
The buyer rejects specially manufactured goods that cannot be resold.
A, B and C.
0.5 points
Question 2
1. Which of the following is a true statement?
It is unlawful for an employer in the U.S. to hire illegal immigrants unless the employer is based in a border region with very high employment.
As a general rule, it is illegal in the U.S. for private sector employers to use polygraph tests on their employees.
The WARN Act in the U.S. prohibits a company from closing a major plant unless it gets the permission of the Department of Labor.
A closed shop which requires union membership as a condition of hiring is legal pursuant to federal labor laws in the United States.
0.5 points
Question 3
1. Which of the following best describes a shareholder's preemptive rights?
The right to purchase shares of another shareholder pursuant to a buy-and-sell agreement.
The right to purchase a pro-rata portion of any additional shares issued by the corporation.
The right of shareholders to override actions of the board of directors.
The right of shareholders to remove members of the board of directors without cause.
0.5 points
Question 4
1. Under the implied warranty of merchantability:
A.
Both merchants and non-merchants generally are liable.
B.
The warranty includes a requirement that the goods be adequately packaged and labeled.
C.
The warranty applies even if a product is misused and instructions are disregarded.
D.
The warranty is based on a reasonable consumer expectations test as to what a high quality of a good should be.
0.5 points
Question 5
1. Under the UCC a merchant is best described as a
A salesman or saleswoman
A retailer
An inventor
A Venetian
0.5 points
Question 6
1. Common law consists of:
Laws which all nations have in common.
Laws which affect everyone, including ordinary persons.
Rulings and opinions which have been issued by judges when deciding previous cases.
Laws which more people are aware of.
0.5 points
Question 7
1. Under the common law, a tort can best be defined as:
A.
Any violation of an ethical or moral duty.
B.
Another term for a crime or misdemeanor.
C.
An action done in breach of an agreement that allows the aggrieved party to recover damages.
D.
A civil wrong that allows an injured person to recover damages.
0.5 points
Question 8
1. A sues B in a state trial court for negligence. A loses the suit. If A wants to appeal, the most appropriate court in which to file the appeal is
the state appellate court.
the nearest federal district court.
the nearest federal court of appeals.
the United States Supreme Court.
0.5 points
Question 9
1. Which of the following is a FALSE statement:
A.
Comity is a international la ...
BUS 206 Final Project Guidelines and Rubric Overview .docxjasoninnes20
BUS 206 Final Project Guidelines and Rubric
Overview
Business law impacts our everyday lives, both personally and professionally. Businesses enter contracts, manufacture goods, sell services and products, and
engage in employment and labor practices—activities that must all adhere to certain laws and regulations. Recognizing and evaluating legal issues is a
fundamental skill that will help you navigate commercial relationships and avoid potential problems in the business world.
The final assessment for this course will require you to analyze three case studies and produce a short report for each. You will apply your legal knowledge and
your understanding of the types of business organizations. The project is divided into three milestones, which will be submitted at various points throughout the
course to scaffold learning and ensure quality final submissions. These milestones will be submitted in Modules Three, Five, and Six. The final project will be
submitted in Module Seven.
This assessment addresses the following course outcomes:
Apply appropriate elements of the U.S. legal system and the U.S. Constitution to business scenarios for impacting decisions in authentic situations
Apply concepts of ethics, morality, and civil and criminal law to business scenarios for informed corporate decision making
Analyze the basic elements of a contract and a quasi-contract for their application to commercial and real estate scenarios
Differentiate between the various types of business organizations for informing rights and responsibilities
Prompt
Imagine yourself as a paralegal working in a law office that has been tasked with reviewing three current cases. You will review the case studies and compose a
short report for each, applying your legal knowledge and understanding of the types of business organizations. In each of the three reports, you will focus on
areas of law covered in this course. Case Study One focuses on the legal system, criminal law, and ethics. Case Study Two concentrates on contracts and landlord-
tenant law. Case Study Three involves environmental law and business organizations.
Case Study One
Chris, Matt, and Ian, who live in California, have decided to start a business selling an aftershave lotion called Funny Face over the internet. They contract with
Novelty Now Inc., a company based in Florida, to manufacture and distribute the product. Chris frequently meets with a representative from Novelty Now to
design the product and to plan marketing and distribution strategies. In fact, to increase the profit margin, Chris directs Novelty Now to substitute PYR (a low-
cost chemical emulsifier) for the compound in Novelty Now’s original formula. PYR is not FDA approved. Funny Face is marketed nationally on the radio and in
newspapers, as well as on the web and Facebook. Donald Margolin, a successful CEO and public speaker, buys one bottle of Funny Face over the internet. Afte ...
Speech to Lincoln MA Town Meeting March 24, 2012 in support of constitutional amendment to eliminate the right of corporations to the rights in the Constitution that belong to "the people."
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbac.docxlmelaine
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
Feedback for 5-2 Milestone Two Case Study TwoSubmission Feedbacalisondakintxt
Feedback for 5-2 Milestone Two: Case Study Two
Submission Feedback
Hi China:
Case Study Two: There are four elements of a contract that make it legally binding. Without all four of these elements the contract will not stand in a court of law. The first element is the offer. The offer has a clearly defined time limit and a clear offer. The next element to a contract is acceptance. The offer must be accepted without conditions. The third element of a contract is intention of legal consequences. The final element of a contract is consideration. This means the offer is accepted and something is done in return.
Some contracts must be in writing. Here Is a great link to a website that will help you reinforce the elements of a contract.
http://jec.unm.edu/education/online-training/contract-law-tutorial/contract-fundamentals-part-2
Prof. McCool
Case Study Two: Quasi-Contract:
A quasi contract can be difficult to understand. A quasi-contract might seem like a contract existed but it really didn't. Courts do not want individuals to benefit when they really don't deserve it. Because a quasi contract is not a true contract, mutual assent is not necessary, and a court may impose an obligation without regard to the intent of the parties. The remedy is usually restitution. Liability is determined on a case-by-case basis. Here is very interesting link to Cornell Law providing a great example of a quasi contract. https://www.law.cornell.edu/wex/example/%5Bfield_short_title-raw%5D_121
Prof. McCool
Case Study Two: Rights and Obligations:
Case Study Two: Landlord/ tenant law is studied for a whole semester in law school! The rights and obligations of both the landlord and tenant depend upon the term of their contract. Such a contract may be verbal or in writing under the standard residential lease agreement. Some facts that may support that Sam is in a breach of that contract are that his use of the premises has created a nuisance for surrounding tenants by using his barking dog invention. Also if Sam and his landlord had a previous agreement that his apartment would be used only as a residence and not as a business location then he would be in breach of his contract and could be evicted
Case Study Two: Grounds to Evict
Sam’s landlord may have grounds to evict because Sam is may be causing a disruption to his fellow neighbors in the apartment building with his barking dog invention. This might be a violation of the covenant to quiet enjoyment. Here is the link that should be very helpful in understanding the right to quiet enjoyment.
https://www.landlordology.com/implied-covenant-quiet-enjoyment/
Prof. McCool
Case Study Two: Defenses:
Defenses are very important if any of these issues come to trial. Some defenses Sam might raise if his landlord tries to evict him include if they had already reached an agreement on him running a business from his apartment. Also when a landlord interferes with a tenant’s use and ...
1. The security exchange commission (SEC) was formed in 1933 in th.docxjeremylockett77
1. The security exchange commission (SEC) was formed in 1933 in the wake of the great depression. According to Karmel (1998), the SEC engages in a wide range of regulatory activities and some administrative duties but its reputations is mostly that of a prosecutorial agency. As stated by Seaquist (2012), the securities act of 1933 is only applicable to initial public offerings (IPO). To list an IPO it must first be registered with the SEC. Registration is required by law for a corporation to sell stock to the public (Seaquist, 2012). A California private non-profit university wishing to sell “Shares in Learning” certificates for $500 redeemable for two undergraduate courses or one graduate course would not need to register with the SEC to issue the certificates. There are securities that are exempt from registering with the SEC. As stated by Seaquist (2012), one of the securities are exempt from regulation in the Securities Act of 1933 are securities issued by non-profit religious, charitable, educational, benevolent, or fraternal organizations.
If the University was for-profit and operated in all 50 states and wanted to sell the “Shares in Learning” certificate it would still not need to register with the SEC. The supreme court case SEC v W. J. Howey Co. concluded that an investment contract is a security under the act (Seaquist, 2012). As defined by the “Howdy test” an investment contract meets the criteria for a security if a person invests in a common enterprise and reasonably expects a profit derived from the efforts of others (Seaquist, 2012). The “Shares for Learning” certificates do not pass the Howdy test to qualify as a security as there is no reasonable expectation for profit. Despite the fact that the “Shares for Learning” may be resold without limitation it is not feasible to consider making a profit off of the certificates. It seems unreasonable that one would buy the certificates in the hope that the University's leadership would make an effort to increase the cost of tuition to the point that one could turn a profit from the $500 certificates on higher resell.
References
Karmel, R. S. (1998). Creating law at the securities and exchange commission: the lawyer as prosecutor. Law and Contemporary Problems. 61(1) 33-46. Retrieved from the EBSCOhost database
Seaquist, G. (2012). Business Law for Managers. San Diego, CA: Bridgepoint Education, Inc
2. Both the federal and state governments regulate listing and selling stock to the public. The Securities Act of 1933 and the Securities Exchange of 1934 was implemented to protect investors from fraudulent and deceptive activities.
The securities for Private University will not need to be registered with the Security and Exchange Commission (SEC) because, under the Securities Act of 1933, there are several situations in which securities are exempt from registration. One exemption is that nonprofit educational institutions are exempt from having to register secu ...
LAW 531 Final Exam 51 answers highlighted in green and underlined.docxDIPESH30
LAW 531 Final Exam 51 answers highlighted in green and underlined
1 Under the Anti-Cybersquatting Consumer Protection Act, which of the following is true?
Penalties are imposed for obtaining any domain name that infringes on a valid trademark.Domain
names are granted only after ensuring that they do not infringe on a valid existing trademark.
A plaintiff must show that the defendant acted in bad faith in order to recover.
Prior approval by the affected celebrity is needed to obtain a domain name that is similar to a celebrity’s name.
2 The Hart-Scott-Rodino Antitrust Improvement Act led to rules requiring:
That mergers be allowed if United States competitiveness in world markets is improved.
That failing companies are rescued through mergers whenever possible.
That the Federal Trade Commission and the Justice Department be notified in advance of any merger involving certain firms.
That certain activities are classified as per se violations.
3 The landlord has the right to enter the leased premises:
To make necessary repairs
Only if specifically provided in the lease
To inspect for waste
To inspect for illegal use
4 Which for of real property ownership includes the greatest degree of ownership?
Fee simple defeasible
Fee simple limitless
Absolute life estate
Fee simple absolute
5 A doctrine that says a patent may not be granted if the invention was used by the public for more than a certain period of time prior to the filing of the patent application is known as;
The public use doctrine
The fair use doctrine
The bar to patents doctrine
The public service doctrine
6 This form of alternative dispute resolution allows both parties to see the strengths and weaknesses of both sides of the case.
Mini-trial
Fact-finding
Judicial referee
Conciliation
7 Which of the following is a distinguishing feature of a common law legal system?
The making of law by the judges and the following of precedent
Requiring guilt be proven beyond a reasonable doubt
An appeal process
The sole source of law is a comprehensive civil code
8 The Sarbanes-Oxley Act was enacted as the result of:
The failure of the savings and loans in the 1980s.
The high profile accounting fraud cases in the 1990s and early 2000s.
The terrorist attacks of Sept 11, 2001.
The collapse of the housing market in the late 2000s.
9 Which of the following is true about sexual harassment in the workplace?
Sexual harassment claims require that persons of both genders be involved.
If a supervisor approaches someone and asks the person out for a social date, and if the supervisor acts in a socially customary manner, it will not be sexual harassment.
Sexual harassment is covered under OSHA as part of workplace safety.
The standards for a hostile work environment are extremely vague and depend on all the facts and circumstances.
10 Which form of alternative dispute resolution occurs when the parties choose an impartial third party to hear and decide their dispute?
...
What was the most important holding of FTC v. WyndhamQuestion 4 o.pdfamirajsharma
What was the most important holding of FTC v. Wyndham?
Question 4 options:
The FTC's role is to protect consumers against anticompetitive and fraudulent business practices.
The SEC's job is to maintain fair, orderly markets and enforce investor protection laws.
Section 5 of the FTC Act provides the FTC with the authority to regulate companies' data
security practices.
Wyndham was ordered to pay $49.4 million in cash which was distributed to qualifying students
who were harmed by the deceptive ads, as well as $50.6 million in debt relief.
The Computer Fraud and Abuse Act of 1986 applies to anyone who intentionally accesses a
Federal interest computer without authorization and alters, damages, or destroys information, or
prevents authorized use of any such computer or information and thereby causes loss.
How did the 11th Circuit's opinion in the LabMD case limit the FTC's ability to regulate data
security?
Question 5 options:
FTC orders must contain more specific requirements for data security than mere reasonableness.
FTC orders can be vague and ambiguous.
FTC orders must contain reasonableness.
None of the above.
Most state laws only require notification if there is a risk of harm. However, some states,
including California, require notification of the breach of covered personal information
regardless of whether there is a risk of harm.
Question 6 options:
Will compliance with the NIST Cybersecurity Framework allow a company to avoid an
enforcement action under Section 5 of the FTC Act?
Question 7 options:
No, but compliance with the SOC2 Framework will.
Not necessarily, but the FTC has suggested that evidence of a cybersecurity program that adopts
the NIST Framework is evidence of adequate security practices.
No, but compliance with the PCI Framework will.
Yes, the NIST Cybersecurity Framework allows a company to avoid enforcement action entirely
under Section 5 of the FTC Act.
Which data categories are included in all state data breach notification laws in the United States?
(Select all that apply)
Question 8 options:
First name only.
First initial and last name in combination with; social security number, drivers license, state ID
number, or account number.
First name and last name in combination with; social security number, drivers license, state ID
number, or account number.
Last name in combination with; social security number, drivers license, state ID number, or
account number.
Do any state breach notification laws require notice of the breach of encrypted information?
Question 9 options:
No, provided that PII data was not stolen.
No, provided that the encryption key was not accessed.
Yes, regardless of if the encryption key was accessed.
Yes, regardless of if PII data was stolen.
Some states only require notification as expediently as possible and without unreasonable delay,
while some require notification require notification within a specified period after discovering a
breach. The shortest time frame is 30 days (Colorado and Flor.
Similar to Title 1. Jennings, M. (2018). Business Its legal, ethical, and g (14)
Unit 3 Assignment Instructions Your research paper should be 4–6 pag.docxTakishaPeck109
Unit 3 Assignment Instructions Your research paper should be 4–6 pages and should cover at a minimum:
·
The historical developments/events (a narrative timeline so to speak) that have influenced the court system’s move towards use technology for many different kinds of tasks and services,
·
A description of the specific types of technologies employed (e.g., case management software, eDiscovery®), and an explanation as to how these technologies are utilized in the courtroom.
·
The resulting effects of the new technology on courtroom procedures, presentation of evidence, juries, and verdicts.
In addition to fulfilling the specifics of the Assignment, a successful paper will meet the following criteria:
● Length should be 4-6 pages, excluding cover page and references page.
● Viewpoint and purpose should be clearly established and sustained.
● Assignment should follow the conventions of Standard American English (correct grammar,
punctuation, etc.).
● Writing should be well ordered, logical and unified, as well as original and insightful.
● Your work should display superior content, organization, style, and mechanics.
● Appropriate citation style should be followed.
.
Unit 1 Module 1 - M1 Assignment 3Assignment 3 Views on Diver.docxTakishaPeck109
Unit 1: Module 1 - M1 Assignment 3
Assignment 3: Views on Diversity
Pablo believes that diversity is the most important issue in our culture, and that it is greatly underemphasized. On the other hand, Ralph rarely thinks of diversity, except when it is mentioned in the workplace. Monica is sensitized to multicultural issues because her parents are immigrants who still struggle with discrimination after being here for 20 years.
To obtain a cross-section of what people think about diversity, conduct five-minute interviews with three individuals you don't know well, and assess their views on diversity. You have been provided an
Informed Consent
document for the respondents to sign along with verbally consenting to participate in this assignment. This is to enable that the respondents demonstrate a clear understanding of the meaning and purpose of this assignment. While you are expected to use the informed consent form in keeping with ethical practices for data collection, you do not need to submit it to the instructor as part of the assignment.
Ask the respondents the following questions and record their answers:
When you hear the word diversity mentioned in the workplace, in the media, or in casual conversation, what meaning do you assign this term?
Does a particular race, ethnic group, or other minority group come to mind when you think of diversity? Does one of these groups pertain to you?
Do you think the majority of people in our culture:
Respect cultural differences among groups of people.
Show indifference to cultural differences.
Lack respect for cultural differences. Explain each choice.
If you were to make a suggestion about how our culture should handle diversity over the next decade, what would it be?
Compile your responses and write a brief reflection paper (two pages) on your findings. Specifically address the following issues:
What did you discover was the general attitude toward diversity in our culture?
Is diversity more associated with one race, ethnic, or other minority group than with others? If so, explain why this might be the case.
Compare and contrast the respondent's views with your own. How would you answer the same questions?
Submit your response to the
M1: Assignment 3 Dropbox
by
Wednesday, July 22, 2015
. Your response should be at least two pages long. All written assignments and responses should follow APA rules for attributing sources.
Assignment 3 Grading Criteria
Maximum Points
Interviewed a cross-section of people and acquired the desired responses.
15
Summarized the respondent's attitude toward diversity in modern culture using appropriate terms and concepts.
25
Commented on whether the respondent believed diversity was associated with one particular race or ethnic group more so than others.
25
Provided contrasting views between the respondent's and your own views on the discussed subjects along with an explanation.
25
Wrote in a clear, concise, and organized manner; demonstrated ethical sch.
Unit 1 Learning ActivityTo complete this Learning Activity, firs.docxTakishaPeck109
Unit 1 Learning Activity
To complete this Learning Activity, first interview 3 people by asking them the following questions:
a)
What is mental illness?
b)
Can people with mental illness be helped?
c)
Are people with mental illness dangerous to society?
d)
Can people with mental illness “snap out” of it?
Next, in 2 to 3 paragraphs, summarize your findings of their responses.
Last, referring to the assigned reading, explain in 1 to 2 paragraphs whether you believe that the interviewees’ attitudes represent what the greater society believes about mental illness. Students are to use APA writing style. When completed, submit the Unit 1 Learning Activity Template to the Unit 1 Learning Activity Dropbox.
References
.
Unit 1 - Individual ProjectType Individual ProjectDue Date Mon.docxTakishaPeck109
Unit 1 - Individual Project
Type: Individual Project
Due Date: Mon, 10/10/15
Points Possible: 150
Deliverable Length: 1,000–1,250 words + Excel spreadsheet
Description:
Weekly tasks or assignments (Individual or Group Projects) will be due
by
Monday and late submissions will be assigned a late penalty in accordance with the late penalty policy found in the syllabus. NOTE: All submission posting times are based on midnight Central Time.
A financial team has been properly selected and charged to proceed with its analysis of EEV's financial statements. In the course of its evaluation, it will be assessing the firm's operating performance, benchmarking its competitors, and looking at the industry using financial ratios as its source of measurement.
The income statement measures the firm's profitability over a period of time: 1 month, 1 quarter, or 1 year. The statement focuses on the operations of the firm and explains what was produced and sold. In essence, it summarizes revenues generated and the results.
Tony understands that managing profitability involves overseeing 3 interrelated factors: volume, cost, and price. He has given you the job of conducting an in-depth analysis of EEV's operating performance. You will analyze the following factors:
Sales volume, cost, and price of each specific product
Each product's contribution to sales in terms of profit
The relationship between sales and supportive employment
Tony has made it clear that he expects you to initiate a constructive discussion by describing your findings both in narrative form and through an organized numeric presentation.
Click
here
to view the EEV income statement, and then complete the following in your paper:
Review the sales volume, cost, and price of each specific product.
Review each product's contribution to sales in terms of profit.
Describe the relationship between sales and supportive employment.
Provide an Excel spreadsheet that depicts your findings along with your analysis.
Please submit your assignment.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Objectives:
Describe the components of financial statements and their related footnotes.
Utilize appropriate tools and procedures in analyzing financial data to determine the company’s financial position, operating results, and resource flows.
.
Unit 1 Understanding the Tourism and Hospitality Industry with Work.docxTakishaPeck109
Unit 1: Understanding the Tourism and Hospitality Industry with Work Placement
Introduction
To be assessed on this unit you need to undertake and
SUBMIT
a 2,000 word assignment, clearly following relevant
instructions
on content, word count and referencing procedures.
The assignment is designed to cover the learning outcomes of the unit and help you obtain a clear understanding of the subject area via the research, reading and relevant work experience (if
APPLICABLE
) undertaken during your studies.
You may already be working in the industry and studying OTHM on a part-time basis or perhaps an individual who wishes to
ENTER
the industry or
upgrade
skills through study and work placement.
Some Issues to Consider
Historically, Great Britain played a major role in developing the tourism infrastructure used today, starting with the first tour operator and leading to the development of railway networks and travel by ocean liner – enabling visitors to travel both nationally and internationally.
Modern tourism is a major source of
FOREX
to many developing economies and is often the main industry in an economy. An increase in disposable
income
and the growth of mass air, coach and rail travel has also had a major impact (sometimes negative as well as positive) on a region or economy.
Tourism and hospitality is the world’s largest
EMPLOYER
and an understanding of the industry will enable you to progress further with the other specialist areas of the
diploma
.
Researching the Tourism and Hospitality
The assignment has been designed to encourage you to research the industry, considering the main factors driving the development and demand within the industry. Your assignment should also allow you to gain a clear understanding of the supply chain within the tourism and hospitality industry.
You are required to choose a number of case examples that include
TRAVEL AGENTS
/ tour operators,
carriers
, accommodation and relevant ancillary services. Examples may include major industry players of SMEs that you are familiar with.
2 18 /02/2014
Part I: Assignment Brief
100% of Unit Grade (2,000 words) – Learning Outcomes 1, 2, 3 and 4
Brief:
Your assignment structure and case examples will be
CONFIRMED
by your course tutor via a series of five meetings. Your tutor will be expected to
complete
the ‘tracking sheet’ which also needs to be signed by you – prior to the submission of your assignment.
In order to attempt the assignment you should be studying the topics linked to the learning outcomes and assessment criteria of unit 1: ‘Understanding the Tourism and Hospitality Industry’ as well as undertaking primary research – within and also out of the workplace.
.............................................
SUBMISSION
FORM
(AMG00)
Student to
Complete
For Office Use Only
Marking of Part I: Word count: 2,000 (excluding any appendices, e.g. statistics, models) Maximum word count for appendices: 1,000 Ple.
Unit 2 Assignment Creating an Effective PresentationPresentatio.docxTakishaPeck109
Unit 2 Assignment: Creating an Effective Presentation
Presentation skills are essential in business. This assignment focuses on creating an effective presentation that includes relevant visual aids to develop your topic, as well as a strong hook and delivery.See the attached document for complete instructions and grading rubric.
.
Unit 1 Assignment Computer ComponentsHere is a video introducti.docxTakishaPeck109
Unit 1 Assignment: Computer Components
Here is a
video introduction
to the Assignment. Be sure to adjust your audio settings. Closed captioning is available in the video.
Click the icon below to view the complete Assignment instructions and grading rubric.
Please see attached rubric for guidance.
.
Unethical Situations in the Workplace Recall a time when .docxTakishaPeck109
"Unethical Situations in the Workplace"
Recall a time when you experienced an unethical situation at a work place. What events led up to this situation? Do you think it could have been avoided? Did the company take the right action?
NEEDS TO BE 120 WORDS: DUE DATE: TUES OCT 6
Business Ethics
.
Unifying separate countries offers varied unique opportunities for g.docxTakishaPeck109
Unifying separate countries offers varied unique opportunities for growth but also gives way to complex challenges. For this module, write a one-page paper explaining why the unification of Germany into one country (combining East and West Germany) proved to be more of a burden to the German people than expected. APA format.
Unification Issue.
1.Government-To prevents another Adolph Hilter leader, West Germany adopted incremental policy procedures.
2. Economy-Unification slowed the Germany economy for more than a generation.
3. Resentment- "Wall of the Mind", Some of the West resented having to share their resources with the east.
.
Understanding the Value of Qualitative ResearchAn important part.docxTakishaPeck109
Understanding the Value of Qualitative Research
An important part of both analyzing other’s research approaches and reflecting on your own includes understanding the positive and negative aspects of varied forms of social research and how they can influence a researcher’s stance and tone. While quantitative data can provide a general overview of the impacts of public policy and systems which manage society, qualitative data can provide specific and important information regarding the causes of this impact, such as the how, why, and who. Therefore, qualitative research can provide beneficial information to aid public policy in regards to social problems. This is especially important to know when public policy and systems create negative impacts, such as profiling, inequality, limited access, and social exclusion. It is also important to be able to recognize the stance or informed viewpoint of the researcher reporting on this information.
One of the more immersive forms of social research methods available is one of the qualitative methods: ethnography. Ethnography allows a researcher to experience the impacts through living amongst the citizens who have to engage with public policy and its systems in their daily lives. The most intriguing aspects of this type of research is how the researcher maintains an ethical and neutral stance during and after the process of research and how the experience can impact their stance or underlying tone.
In this assignment, you will present the benefits of ethnographical research in terms of informing public policy, as well as understanding the researcher’s role in performing and reporting on ethnographic research. You will do this through your own research of immersive ethnographical approaches (including the course text), and also through analyzing Dr. Alice Goffman’s work on inner city people of color in Philadelphia. You will be provided with reporting and reviews of her work to help fuel your own analysis of Dr. Goffman’s approach. This will help you become better at discerning what useful research is in order to appropriately inform decision-making in society.
In your paper, you must address the following:
Explain the researcher’s role in qualitative research. Discuss the unique issues that researchers should be concerned about in regards to their role in research, and explain how this is specifically a challenge in ethnographical research. Discuss specific actions researchers can take to ensure they retain their ethical and neutral stance in performing qualitative research and reporting their qualitative research results.
Regarding Alice Goffman’s recent ethnographical work in inner-city Philadelphia, and based on what you know from the text and your own research on ethnographic immersion, determine whether or not Goffman maintained an ethical and neutral stance, and provide justification of the approach Goffman chose to take. Based on what you have been able to ascertain from Goffman’s work, discuss th.
Understanding cultural phenomena is essential to the completion of a.docxTakishaPeck109
Understanding cultural phenomena is essential to the completion of an accurate and holistic health assessment. Please review a cultural group from Table 2-3 (p. 25) from your text and describe the cultural differences pertinent to that group (you may have to do some additional searching). Remember, the table may not include all cultural groups. Let’s try to include all the countries within the groups listed in the discussion, so please do not choose a group that has already been done. To expedite this, please use the group name in the title of your post.
One-two paragraphs needed
.
Understanding the role that coding information plays in health care .docxTakishaPeck109
Understanding the role that coding information plays in health care organizations for claim generation is crucial. The process begins with the collection of information about the patient, the services provided, and the data from the encounter (including medical documentation and charge capture).
List the steps involved in that process, and write a brief explanation for each step.
Note:
Be sure to include a description of the chargemaster or charge description master (CDM) and the revenue cycle management process.
.
Understanding Property RightsExplain a landlord’s legal authorit.docxTakishaPeck109
Understanding Property Rights
Explain a landlord’s legal authority when tenants engage in criminal activity. Do you agree or disagree with the authority afforded to a landlord under the law?
Guided Response:
Discuss your agreement or disagreement with such authority. Discuss when or if an entire family should be evicted from a rental property when one member of the family commits a crime within the apartment or housing complex in which the family resides.
Liabilities of Property Owners and Associations
Discuss the liability of unit owners and their association for the following incidents:
A postal employee slipping and falling over a sprinkler
A unit owner slipping and falling over a sprinkler
A unit owner’s guest slipping and falling over a sprinkler
.
Understanding Others’ Cultural PracticesALL WORK MUST BE ORIGI.docxTakishaPeck109
Understanding Others’ Cultural Practices
ALL WORK MUST BE ORIGINAL AS IT GOES THROUGH A TURNITIN PROGRAM MUST HAVE AT LEAST 3
REFRENCES
By
Saturday, January 16, 2016
, respond to the assigned discussion question. Submit your responses to the appropriate
Discussion Area
.. All written assignments and responses should follow APA rules for attributing sources
Kesha has invited her friend Carrie to go home with her over the school’s short holiday break. Kesha, like many African Americans, has a rich spiritual tradition that permeates most areas of her life. In addition, Kesha is close to her immediate and extended family. Carrie, on the other hand, comes from a predominantly Caucasian Presbyterian background, is an only child, and rarely sees any of her extended family.
During her visit, Carrie is noticeably uncomfortable with the vastly different dynamics of Kesha’s family. Carrie is rethinking her friendship with Kesha and wants to withdraw from her.
How will you help Carrie understand the cultural values inherent in the African American culture and how these might be affecting her?
Suggest ways in which Kesha could build a bridge to help Carrie understand the African American culture.
.
UNDERSTANDING HEALTHCARE FINANCIAL MANAGEMENT
Chapter 13 -- Financial Condition Analysis
PROBLEM 4
Consider the following financial statements for BestCare HMO, a not-for-profit managed care plan:
BestCare HMO
Statement of Operations and Change in Net Assets
Year Ended June 30, 2XXX
(in thousands)
Revenue:
Premiums earned
$26,682
Coinsurance
$1,689
Interest and other income
$242
Total revenue
$28,613
Expenses:
Salaries and benefits
$15,154
Medical supplies and drugs
$7,507
Insurance
$3,963
Provision for bad debts
$19
Depreciation
$367
Interest
$385
Total expenses
$27,395
Net income
$1,218
Net assets, beginning of year
$900
Net assets, end of year
$2,118
BestCare HMO
Balance Sheet
Year Ended June 30, 2XXX
(in thousands)
Assets
Cash and cash equivalents
$2,737
Net premiums receivable
$821
Supplies
$387
Total current assets
$3,945
Net property and equipment
$5,924
Total assets
$9,869
Liabilities and Net Assets
Accounts payable - medical services
$2,145
Accrued expenses
$929
Notes payable
$141
Current portion of long-term debt
$241
Total current liabilities
$3,456
Long-term debt
$4,295
Total liabilities
$7,751
Net assets (equity)
$2,118
Total liabilities and net assets
$9,869
a. Perform a Du Pont analysis on BestCare. Assume that the industry average ratios are as follows:
Total margin
3.8%
Total asset turnover
2.1
Equity multiplier
3.2
Return on equity (ROE)
25.5%
b. Calculate and interpret the following ratios for BestCare:
Industry average
Return on assets (ROA)
8.0%
Current ratio
1.3
Days cash on hand
41 days
Average collection period
7 days
Debt ratio
69%
Debt-to-equity ratio
2.2
Times interest earned (TIE) ratio
2.8
Fixed asset turnover ratio
5.2
.
Understanding international compensation begins with the recognition.docxTakishaPeck109
Understanding international compensation begins with the recognition of differences and similarities, along with figuring out how to best manage them. How people get paid around the world depends on variations. There are five contextual factors believed to be relevant in international compensation. Identify and discuss these factors and variations.
both responses should be at least 200 words in length.
2. Although there has been a decline in union memberships, unions are still prevalent in public and private organizations. Based on the reading in this unit, unions have an impact on wage determination. Discuss the four specific areas in which unions have an impact on wage determination?
.
Understanding and Analyzing Arguments Please respond to the follow.docxTakishaPeck109
Understanding and Analyzing Arguments" Please respond to the following:
Use the Internet to find an example of an argument that is misleading. A good place to start might be advertisements or political debate. Explain your position. What
exactly
makes the argument misleading? Challenge your classmates! Let's make sure we explain our positions
.
Understand the role of the counselor and community.Understand cris.docxTakishaPeck109
Understand the role of the counselor and community.
Understand crisis response in the workplace.'
Identify what groups and individuals fall into higher risk categories to become victims of crimes and acts of violence.
Understand what increases the risk within different high-risk groups.
I have 4 presentations for you to watch along with two books
.
Under the common law, from the 1500s until today, the law has allow.docxTakishaPeck109
Under the common law, from the 1500's until today, the law has allowed past property owners to place limitations on the uses of real property in the future through the use of covenants (promises) as set forth in real property deeds as well as use of the fee defeasable estates (i.e. "To John Doe, so long as the property is used as a tobacco farm") and the evolution of zoning statutes and practice. Thomas Jefferson argued vehemently that no past owner of real property (dead or alive) should be allowed to restrict a future owner of real property concerning its present use; however, the Virginia State Legislature disagreed with him and land use limitation continues today. Jefferson described this practice as "Allowing the dead to control the lands of the living."
Was Jefferson right, or should we maintain the practice of allowing past property owners to place land use limitations in deeds of lands sold or gifted? Further, should the government be allowed to determine how a private property owner uses his/her respective land?
.
UMUC CMIT 265 Fundamentals of NetworkingHello there! I have am lo.docxTakishaPeck109
UMUC CMIT 265 Fundamentals of Networking
Hello there! I have am lost. My rough draft is due Sunday, December 13. I'm not looking for a stellar proposal to be written but help on
what
Computer Components to use
and why
and
where
they should be placed (see diagram)
and why
. Same thing for the IP/subnetting, and Network devices. I really need to see the setup of the devices and wiring schematics. If you have time to write a design proposal by Saturday, that would be a bonus.
Here are the assignment details. There are two attachments: one includes what you see below plus a diagram of the building design and the template we are to use for the paper.
ASSIGNMENT SCENARIO:
You have been hired as part of the networking team at UMUC. After completing orientation and training in your first week, your manager calls you into a meeting to discuss your first project.
The university has recently leased a building in Adelphi, Maryland. The building will house some offices, classrooms, a library, and computer labs. Security is very important for UMUC, as the university must protect students’ and employees’ data, as well as any intellectual property that UMUC has on its servers and computers. As a result, IT management would like to take the time to review some proposals on how best to move forward. As a network engineer, you have been asked to prepare a network proposal on how to set up a secure network infrastructure in this new building to support university operations.
After speaking to your manager, you are excited about the project, but you realize you will have a busy schedule. As you write your proposal, you will also have to prepare for the Network+ Certification exam. One of the conditions of your employment at this company is that you obtain this certification within 60 days of being hired. You will have to manage your time wisely, because you will have to take a practice certification test just as you are completing your final project.
To get started, follow the steps below.
OVERVIEW
You will provide detailed network design proposal. Your task is to design the network for this new building with the following criteria:
·
Student-accessed computers should be on separate network from the staff-accessed computers. Computers for public use should be on a separate network.
·
There must be a minimum of 40 Mbps Internet connection, with a backup line capable of at least 20Mbps. Cable, DSL, or FIOS should not be used for primary Internet service.
·
The network should use physical cable, not wireless. But do provide wireless access in the Student Lobby area (second-floor hallway). Set the maximum simultaneous wireless users to 254.
·
The network has been assigned the 10.11.12.0/23 network address for all computers and devices
Your proposal should have three major sections:
1.
Physical Network Design
2.
Network Addressing
3.
Network Services Design
To learn how you will be assessed on this assignment, please take a.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
Embracing GenAI - A Strategic ImperativePeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
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1.4 modern child centered education - mahatma gandhi-2.pptx
Title 1. Jennings, M. (2018). Business Its legal, ethical, and g
1. Title: 1. Jennings, M. (2018). Business: Its legal, ethical, and
global environment (11th Edition). Cengage Learning, Boston,
MA.
Chapter 1. Introduction to Law.
provide a graduate-level response to each of the following
questions:
1) Franklin Felon shot and killed two people during a robbery.
Why was this act a violation of both criminal and civil law?
2) Explain the sources of each type of law and provide examples
of each: constitutional law, statutory law, common law.
Chapter 2. Business Ethics and Social Responsibility.
1) Marco Manager supervises three employees at a bank.
Several times over the last three months, money has been
missing from a specific employee’s till at the end of the shift.
Marco Manager has worked with this employee for five years
and considers this employee a friend. What ethical dilemmas
does this present for Marco Manager?
2. 2) Cash Right Now, LLC provides very high interest loans to
people with poor credit scores that have a high probability of
defaulting on the loan. Many people do in fact default on these
loans; however, Cash Right Now, LLC does make a substantial
profit overall, even considering these defaults. The people that
borrow from Cash Right Now, LLC are unlikely to obtain credit
elsewhere. Discuss if Cash Right Now, LLC’s business
practices are ethical considering it charges much higher interest
rates than traditional banks.
Chapter 3. The Judicial System.
Chapter 4. Managing Disputes: Alternative Dispute Resolution
and Litigation Strategies.
1) Explain the pros and cons of utilizing litigation to resolve a
dispute as opposed to alternatives to dispute resolution.
2) Peter Plaintiff is citizen of Kentucky. He drives to
Tennessee and purchases a lawn mover from Lousy Lawn
Mowers, Inc. Peter Plaintiff returns to Kentucky and is
seriously injured when the lawnmower explodes during normal
use. Lousy Lawn Mowers, Inc. does not do business in
Kentucky and is incorporated in Delaware. May Peter Plaintiff
bring a lawsuit against Lousy Lawn Mowers, Inc. in a state or
federal court, and why?
Chapter 5. Business and the Constitution.
3. 1) Explain the difference in procedural due process and
substantive due process, providing examples of each.
2) Beets R Us, LLC is a medium-sized farm in Iowa that grows
beets that are only sold in Iowa. It does not export its beets
outside of Iowa, though sometimes customers from out of state
buy its beets while visiting Iowa. Is Beets R Us, LLC’s
business practices subject to federal jurisdiction under Arti cle I,
Section 8 of the United States Constitution? Why or why not?
Chapter 6. Administrative Law.
1) The Federal Aviation Administration (FAA) proposes a new
rule. During the comment period, an individual considered to
one of the most experienced aviation experts in the country
strongly disagrees with the rule and provides a wide variety of
support for her position. Must the FAA not pass the proposes
rule based on this comment? Must the FAA consider the
comment when deliberating passing the new rule?
2) State and explain each stage of the formal rule making
process for administrative agencies. Provide examples as
appropriate
Chapter 7. International Law.
1) Define expropriation, explain how it effects a county’s
4. investments in foreign counties, and how counties respond to it.
2) Sprockets Unlimited, a United States corporation, is
considering doing business in a foreign country that is known to
have an unstable government and corrupt politicians; however,
the market could be lucrative and greatly expand Sprockets
Unlimited’s profits. What consideration should Sprockets
Unlimited consider before doing so? Could the United States
not allow Sprockets Unlimited to do business in this country?
Chapter 8. Business Crime.
1) Explain the concepts of mens rea and actus reus and analyze
how they relate to corporate criminal liability.
2) Mike Millionaire is the CEO of Murky Mining, Inc. Mike is
not involved in the day-to-day operations of Murky Mining,
Inc., and the company has incurred multiple violations under 33
U.S.C. § 1319. Could Mike Millionaire be charged or fined as
an officer of the company? Would the fact that Mike
Millionaire was not involved in the day-to-day operations of
Murky Mining, Inc. be considered?
Chapter 9. Business Torts.
1) Explain each of the elements of the tort of negligence,
providing examples of each in a business setting.
5. 2) Franky Fraud makes spaghetti sauce. He names his spaghetti
sauce “Michael Jordan’s Spaghetti Sauce” and puts a picture of
the athlete Michael Jordon on the label. Franky Fraud also
claims that the sauce will extend your life ten years if you eat it
every day. Many bottles of the sauce also contain razor blades.
What tort or torts has Franky Fraud committed?
Short Essays
Question I - Debbie Debtor borrowed $1,000.00 from First Big
Bank. Debbie Debtor agreed to repay the $1,000.00 over eight
months plus interest. Debbie Debtor loses her job and stops
making payments to First Big Bank after two months. What is
the source of law that governs the subsequent remedies that may
be available to First Big Bank?
Question II - Eddie Embezzler has worked for Betty Boss for
many years as an accountant. During his employment, Eddie has
taken thousands of dollars from Betty’s business. As a result,
Betty has suffered. Did Eddie violate a criminal law, a civil
law, or both? Explain.
Question III - Two (2) high ranking managers of Anrun Corp.
know that the company’s revenue is rapidly declining. However,
at a recent shareholder meeting, they tell the shareholders to
expect record profits in the next quarter. Explain the three
Blanchard and Peale questions that these two managers should
have asked themselves before the shareholders’ meeting.
6. Question IV - The appellate court decides that the trial court
committed reversible error by including evidence found by law
enforcement. Law enforcement discovered this evidence when
committing a Fourth Amendment violation, which should have
been excluded at trial. This inadmissible evidence was the
lynchpin of the prosecutor’s case, which resulted in a
conviction. Where does the case go from here? Is the Defendant
free to go? Does it go back to the trial court? Does it go all the
way up to the Supreme Court?
Question V - Lonnie dies while working on a barge. Lonnie’s
widow sues the barge company in state court. The Parties agree
on the facts and cause of Lonnie’s death; however, they do not
agree whether the Longshoreman Act should apply to this case.
Lonnie’s widow has already received a remedy in a separate
administrative action as part of a workers’ compensation claim.
The Longshoreman Act would allow the decedent’s family to
pursue an action in court, even if the family has agreed to a
settlement as part of the worker’s compensation action. If the
Longshoreman Act does not apply, then the decedent’s family
will have no remedy in court. Prior to trial, what motion should
the barge company’s attorney make? What must this attorney
prove in order for her motion to be successful?
Question VI - Kansas passes a statutes which says all corn must
be grown and processed in a certain manner so as to avoid
harmful pesticides. This statute is challenged as being
unconstitutional. What are the two factors for the court to
consider when deciding whether the statute is constitutional?
7. Question VII - Downtown Cincinnati, in an area known as
“Over the Rhine”, has long been an area of poverty containing
empty and rundown buildings. The city of Cincinnati wishes to
use this area to create new businesses and spark economic
development. Would the eminent domain power allow the city
to take this property from the building owners for the purpose
of economic rejuvenation and elimination of “blight” within the
city? What U.S. Supreme Court case would serve as precedent
for this issue?
Question VIII - If a business does not agree with the decision of
a hearing officer, may that business appeal the decision directly
to the judicial court system? What steps must the business take
to get the case within the judicial system?
Question IX -Peter Plaintiff’s son is killed while working
overseas for a United States corporation that deals in
proprietary petroleum extraction and production. Peter Plaintiff
brings a wrongful death lawsuit on behalf of his son’s estate
against this corporation and requests a wide scope of business
documents related to the corporation and its overseas operations
under the Freedom of Information Act (FOIA). What defenses,
if any, does the corporation have against revealing the requested
information under the FOIA?
Question X - Megatron, Inc. is a company with its principal
offices in the United States. For years, Megatron has only
8. operated domestically; however, Megatron’s board of directors
now feels it is in the company’s best interests to explore how to
do business internationally. Give at least three examples of
actions Megatron can take with regards to foreign government
officials, which would benefits Meagtron’s international growth
without running afoul of the Foreign Corrupt Practices Act
(FCPA)?
Question XI - Cowboy, Inc., an American corporation that
produces cowboy hats contract with a manufacturing plant in
France, Beret, Inc. The contract provides that Beret, Inc. will
produce the cowboy hats in France to be distributed back in the
United States by Cowboy, Inc. The contract does not provide
which country’s law will apply if a dispute arises between
Cowboy and Beret. Eventually, Cowboy discovers that Beret is
not producing the hats under the specifications agreed upon in
the contract. Which will American or French law be used in
settling the dispute? Why?
Question XII - At the end of a long day, Sabrina, a cashier for a
supermarket is counting the paper money. One of the bills falls
from the cash register into the bottom of Sabrina’s purse. What
elements of embezzlement are present in this situation? Should
Sabrina be convicted of embezzlement? Why or why not?
Question XIII - Fort Thomas Living is a small publishing
company located in the Northern Kentucky. Recently, Fort
Thomas Living has contracted with several different local
writers to publish various magazines and short-story books.
Once such transaction involves an exchange of $10,200.
9. Another transaction involves an exchange of $9,600? Are both
of these exchanges of money subject to the disclosure
requirements of the Money Laundering Control Act?
Question XIV - Bobby Bigmouth is sued for slander by his boss.
Bobby argues that he cannot be sued for slander because he did
not publish any statement. He argues that his alleged
slanderous comment was not published because he just made the
comment to a co-worker about his boss rather than making that
statement to a reporter to be published. Is Bobby’s argument
correct?
Question XV - During an episode of Sports Center, one of the
anchors misread the teleprompter and said LeBron James was
closing his school for at risk youth. In reality, LeBron James
was expanding his school. This statement by the anchor was a
slip of the tongue and corrected in the next episode. Would
LeBron’s defamation suit against Sports Center and the anchor
be successful? Why or why not?
Criteria Ratings Points
Topic,
domains
and
concepts
35 to >31.0 pts
10. Advanced
Clearly addresses the
topic assigned, stays on
topic, evaluates all
domains, comprehensive
in content, uses terms
and concepts from
reading, demonstrates
clarity of expression.
Statements are
supported by at least 1
scholarly source
published within the past
five years, correctly cited
throughout the narrative.
31 to >28.0 pts
Proficient
Addresses the topic
assigned, stays on
topic, evaluates most
domains, discusses
content, uses terms and
concepts from reading,
and demonstrates
clarity of expression.
Statements are
supported by at least 1
scholarly source
published within the
past five years, cited at
least once in the
11. narrative.
28 to >0.0 pts
Developing
Does a poor to fair job of
addressing the topic
assigned, stays on topic,
evaluates some domains,
discusses content, does
not use terms and
concepts from reading,
does not demonstrate
clarity of expression.
Statements are not
supported by at least 1
scholarly source published
within the past five years
and cited in the narrative.
0 pts
Not Present
Failing.
Student
shows
evidence of
refusal or
inability to
provide the
required
content.
35 pts
12. Work
Habits
30 to >27.0 pts
Advanced
Superior work in all
areas. Student
consistently exceeds
minimal expectations in
all areas regarding
content analysis,
synthesis, and evaluation
of topics, participation,
timeliness, and writing
style.
27 to >24.0 pts
Proficient
Good work in most
areas. Student
demonstrates minor
deficiencies in some
areas regarding
content, analysis,
writing style, and/or
participation.
24 to >0.0 pts
Developing
13. Poor to fair work in most
areas. Student exhibits
need for improvement in
most areas regarding
content, analysis, writing
style, and/or participation.
0 pts
Not Present
Failing.
Student
shows
evidence of
refusal or
inability to
meet
minimum
standards of
work.
30 pts
Personal
application
5 to >4.0 pts
Advanced
The student provides
thorough applications as
a result of his/her
professional life.
14. 4 to >3.0 pts
Proficient
The student provides
good applications as a
result of his/her
professional life.
3 to >0.0 pts
Developing
The student provides poor
to fair applications as a
result of his/her
professional life.
0 pts
Not Present
The student
provides
zero
applications
as a result of
his/her
professional
life.
5 pts
Case Study Grading Rubric | BUSI643_B02_2021 30
15. Criteria Ratings Points
APA
Formatting
10 to >9.0 pts
Advanced
APA format followed,
organizes content under
APA headings, no large
filler quotes, clearly does
not plagiarize, clearly
finds supportive reasons
in reading and applies
them in the case study.
APA-formatted reference
list and in-text citations
are included.
9 to >7.0 pts
Proficient
APA format followed
most of the time,
headings contained
some errors, has no
large filler quotes, does
not plagiarize, finds
supportive reasons in
reading and applies
them in the case study.
Reference list and
16. in-text citations contain
2 – 5 errors.
7 to >0.0 pts
Developing
APA format inconsistent
throughout; missing
headings; some large filler
quotes; does not
plagiarize; finds few
supportive reasons in
reading and applies them
in the case study;
reference list, in-text
citations, and headings
contain more than 5 errors.
0 pts
Not Present
APA format
was not
followed;
large filler
quotes
present;
does not
plagiarize;
does not find
supportive
reasons in
reading or
apply them
17. in the case
study;
reference list
and in-text
citations are
not included.
10 pts
Spelling,
Grammar
and
Mechanics
10 to >9.0 pts
Advanced
The Case Study begins
with a title page and was
typed in 12-point Times
New Roman fonts on all
pages; all pages were
double-spaced; 1-inch
margins on all four sides
were used. Correct
grammar and
punctuation were present
throughout. Correct
spelling and spacing
were present throughout.
The paper was typed in a
formal style and written
in the third person.
9 to >7.0 pts
18. Proficient
Some errors with the
title page, 12-point
Times New Roman
fonts, double-spacing;
or 1-inch margins were
present. Some errors
with errors with one or
more of the following
were present:
• Grammar, and/or;
• Punctuation, and/or,
• Spelling, and/or;
• Spacing. Some errors
with formal style and/or
third person were
present. 1 – 3 errors
were present.
7 to >0.0 pts
Developing
Significant errors with the
title page, 12-point Times
New Roman fonts,
double-spacing; align text
left; extra spacing; or
1-inch margins were
present. Significant errors
with one or more of the
following were present:
• Grammar, and/or;
• Punctuation, and/or,
19. • Spelling, and/or;
• Spacing. Significant
errors with formal style
and/or third person were
present. More than 3
errors were present.
0 pts
Not Present
Errors with
spelling,
grammar,
and/or
mechanics
were so
pervasive
that the
readability
and level of
scholarship
of the paper
were
substantially
reduced.
10 pts
Case Study Grading Rubric | BUSI643_B02_202130
Criteria Ratings Points
Page
20. count
10 to >9.0 pts
Advanced
At least 3 complete
pages of original
graduate-level analysis,
evaluation, and
discussion (plus title
page, reference page,
and tables or figures).
9 to >7.0 pts
Proficient
At least 2.9 pages of
original graduate-level
analysis, evaluation,
and discussion (plus
title page, reference
page, and tables or
figures).
7 to >0.0 pts
Developing
2.0 – 2.8 pages of original
graduate-level analysis,
evaluation, and discussion
(plus title page, reference
page, and tables or
figures).
21. 0 pts
Not Present
Less than 2
pages
submitted.
10 pts
Total Points: 100
Case Study Grading Rubric | BUSI643_B02_202130
S TA F F I N G O R G A N I Z AT I O N S
Ninth Edition
Herbert G. Heneman III
University of Wisconsin– Madison
Timothy A. Judge
The Ohio State University
John D. Kammeyer- Mueller
University of Minnesota
Pangloss Industries
Columbus, OH
1259756556_ch00_pi_xx.indd 1 12/8/17 4:49 PM
24. Compositor: Westchester Publishing Services
Address editorial correspondence to:
Timothy A. Judge
Pangloss Industries
4130 Mountview Road
Columbus, OH 43220
[email protected]
Library of Congress Cataloging-in-Publication Data
Names: Heneman, Herbert G., III, 1944– author. | Judge, Tim,
author. |
Kammeyer-Mueller, John, author.
Title: Staffing organizations / Herbert G. Heneman III,
University of
Wisconsin-Madison, Timothy A. Judge, Ohio State
University, John D.
Kammeyer-Mueller, University of Minnesota.
Description: Ninth edition. | Columbus, OH : Pangloss
Industries, [2019]
Identifiers: LCCN 2017054981 | ISBN 9781259756559
(hardcover : alk. paper)
Subjects: LCSH: Employees—Recruiting. | Employee selection.
Classification: LCC HF5549.5.R44 H46 2019 | DDC 658.3/11—
dc23
LC record available at https://lccn.loc.gov/2017054981
www.mhhe.com
9781259756559_ch00_pi-xx_SE.indd 2 12/27/17 9:45 PM
iii
A U T H O R P R O F I L E S
25. Herbert G. Heneman III is the Dickson- Bascom Professor
Emeritus in the
Management and Human Resources Department, School of
Business, University
of Wisconsin– Madison. He also serves as a se nior researcher
at the Wisconsin
Center for Educational Research. Herb has been a visiting
faculty member at the
University of Washington and the University of Florida, and he
was the University
Distinguished Visiting Professor at The Ohio State University.
His research is in
the areas of staffing, per for mance management, compensation,
and work motiva-
tion. He is currently investigating the design and effectiveness
of teacher per for-
mance management and compensation systems. Herb was on the
board of directors
of the Society for Human Resource Management Foundation
and served as its
director of research. He is the se nior author of three other
textbooks on human
resource management. Herb is a Fellow of the Society for
Industrial and Orga-
nizational Psy chol ogy, the American Psychological
Association, and the Acad emy
of Management. He is also the recipient of career achievement
awards from the
Human Resources Division of the Acad emy of Management
and from the Society
for Human Resource Management.
Timothy A. Judge is the Joseph A. Alutto Chair in Leadership
Effectiveness
and executive director of the Fisher Leadership Initiative in the
26. Department of
Management and Human Resources, Fisher College of
Business, The Ohio State
University. Tim is also the director of research for Stay Metrics,
a start-up com-
pany in Notre Dame’s Innovation Park. Prior to receiving his
PhD at the University
of Illinois, Tim was a man ag er for Kohl’s department stores.
Tim has served on
the faculties of Cornell University, University of Iowa,
University of Florida, and
University of Notre Dame. Tim’s teaching and research interests
are in the areas of
personality, leadership and influence be hav iors, staffing, and
job attitudes. Tim is a
former program chair for the Society for Industrial and Orga
nizational Psy chol ogy
and a past chair of the Human Resources Division of the Acad
emy of Manage-
ment. He has also served on the Acad emy of Management
Board of Governors.
Tim is a Fellow of the American Psychological Association, the
Society for Indus-
trial and Orga nizational Psy chol ogy, the American
Psychological Society, and the
Acad emy of Management.
1259756556_ch00_pi_xx.indd 3 12/8/17 4:49 PM
iv Author Profiles
John D. Kammeyer- Mueller is the Curtis L. Carlson Professor
of Industrial Rela-
tions in the Department of Work and Organ izations, Carlson
27. School of Man-
agement, University of Minnesota. John’s primary research
interests include the
areas of orga nizational socialization and employee adjustment,
personality and
the stress pro cess, employee retention, and career
development. He has taught
courses related to orga nizational staffing at the undergraduate,
master’s, and doc-
toral levels. His research work has appeared in Acad emy of
Management Journal;
the Journal of Applied Psy chol ogy; Personnel Psy chol ogy;
the Journal of Manage-
ment; and the Journal of Orga nizational Be hav ior, among
other outlets. He serves
on the editorial boards of the Journal of Applied Psy chol ogy;
Personnel Psy chol ogy;
and Orga nizational Research Methods. In addition to his
scholarly work, John has
performed consulting work in the areas of employee
satisfaction, retention, and
workplace safety and health for 3M Corporation, Allegiance
Healthcare, Allina
Healthcare, and the State of Minnesota. He has also worked
with the Florida
Nurses Association and the Florida Bar on research proj ects of
interest to their
professional membership.
1259756556_ch00_pi_xx.indd 4 12/8/17 4:49 PM
v
P R E FAC E
28. There has been a continual effort to incorporate strategic orga
nizational con-cerns into every edition of the textbook. The
ninth edition of Staffing Organ-izations develops these
concepts significantly. Based on ideas from leading
human resources thinkers, new discussions describe how to
incorporate orga-
nizational strategy into every part of the staffing pro cess. This
material not only
underlines the importance of strategic thinking for students, but
provides specific
guidance for specific actions that staffing decision makers can
take to improve tal-
ent management.
This edition has been the beneficiary of major restructuring and
updating to
ensure continuing alignment of the material with current in- the-
field business prac-
tices. The changes range from small inclusions of new standards
to major chapter
revisions. The new structure will make it easier for students to
see how each part
of the staffing pro cess proceeds from beginning to end, and it
will also help them
see how the topics fit together to create a cohesive staffing
management system.
The human resources landscape continues to be transformed by
technology, and
this edition of the textbook reflects this influence. The use of
human resources infor-
mation systems for tasks like recruitment, se lection, and
forecasting is now thor-
oughly integrated into all sections. The role of social media, the
Internet, and other
29. information management tools is emphasized in several
chapters, and new examples
from companies keep the application of concepts fresh and
current.
The changes for this edition reflect the integration of
technology into core staff-
ing functions. Many of the previous headings related to web-
based topics have thus
been eliminated to reflect that these are no longer novel add-
ons to staffing manage-
ment but an integral part of the pro cess.
Listed below are updates to each chapter.
Chapter One: Staffing Models and Strategy
• Updated workforce growth statistics throughout the chapter
• Updated list of companies that are intensively hiring
• Updated material on Gore’s position as one of Fortune
magazine’s 100 Best
Companies to Work For
• New material on person- job match and person- organization
fit
1259756556_ch00_pi_xx.indd 5 12/8/17 4:49 PM
vi Preface
• New material based on a recent report on the current talent
shortage in the IT,
skilled trades, and sales industries
30. • Added material on the distinction between the labor force size
and the labor
force participation rate
• Updated definition of staffing ethics from the Society for
Human Resource
Management
Chapter Two: Legal Compliance
• New material on classifying individuals as either employees
or in de pen-
dent contractors based on criteria from the Internal Revenue Ser
vice and the
Department of Labor
• Guidance from the Equal Employment Opportunity
Commission (EEOC) on
defining discrimination based on the meaning of race/color,
national origin,
sex, religion, disability, age, pregnancy, and ge ne tic
information
• Updated information on the protected characteristics of sexual
orientation and
gender identity
Chapter Three: Planning
• Increased emphasis on orga nizational culture in the planning
pro cess
• New material on executive buy-in during human resources
planning
• Updated discussion of workforce skills demand and
employment patterns
• Revised exhibit showing labor force statistics trends
31. • New material on trends in labor force participation and work
hours
• Streamlined discussion of forecasting techniques
• Comprehensive review of research on flexible workforce
quality
• New material reviewing research on when to use outsourcing
• Updated information regarding affirmative action for veterans
and qualified
individuals with disabilities
Chapter Four: Job Analy sis and Rewards
• Greater emphasis on implementing competency- based job
analy sis
• New figure showing the pro cess of job requirements job analy
sis
• New figure showing the pro cess of competency- based job
analy sis
• New figure outlining the distinctions among knowledge, skills,
abilities, and
other characteristics and their workplace relevance
• Streamlined discussion of O*NET models
• Revised end- of- chapter cases
• Revised information on the types of evidence of essential job
functions
1259756556_ch00_pi_xx.indd 6 12/8/17 4:49 PM
Preface vii
Chapter Five: External Recruitment
32. • New material on integrating in- house recruitment with
external vendors
• Integration of online recruitment techniques across topic areas
• Comprehensive review of research on applicant reactions to
the external recruit-
ment pro cess
• Increased discussion of social media effects on recruitment
• Revised and updated pre sen ta tion of recruitment messages
• Increased treatment of targeted recruitment techniques
• New discussion of the transition from recruitment to se lection
• Updated discussion regarding policies about written job
applicants
• Revised material on best- practice recruitment ideas from the
EEOC
• Updated information on recruitment using social media and
job advertisements
Chapter Six: Internal Recruitment
• New material describing best practices in the strategic policy
development
pro cess
• Revised and updated pre sen ta tion of recruitment messages
• Revised and updated discussion of replacement and succession
plans
• New discussion of the transition from recruitment to se lection
• New material on best- practice promotion ideas from the
EEOC
• New discussion of barriers to upward mobility and improving
upward mobility
Chapter Seven: Mea sure ment
• Updated example of the nominal level of mea sure ment
33. • New material on biases in subjective mea sure ment and rater
training
• Revised percentiles example
• New discussion of the role of biases and contextual factors in
interrater reliability
• New material on how construct- , content- , and criterion-
related validation evi-
dence should be amassed and interpreted together
• New material on the situational appropriateness of predictive
versus concur-
rent validation designs
• Revised definition and discussion of content validity
• Updated illustrative study of the Mary land Department of
Transportation
• New material reviewing the meta- analytic work on prior
validity generaliza-
tion and the gaps in our current understanding
• New example using insights from Glassdoor to highlight
practical consider-
ations in staffing
• New discussion of mobile and Internet- based test
administration
1259756556_ch00_pi_xx.indd 7 12/8/17 4:49 PM
viii Preface
Chapter Eight: External Se lection I
• New material on applicant reactions toward per for mance
34. tests and the valid-
ity of such tests
• Updated discussion of video résumés
• New material on the adverse impact of résumés, letters of
recommendation,
credit checks, and biodata
• New discussion of the “double jeopardy” effect
• New discussion of the usefulness of a college education and
quality of school
as educational requirements, including examples
• New material on how studying abroad leads to an expanded
cultural intelli-
gence, an area of extracurricular activities that may be impor
tant for staffing
• New material on how experience is multidimensional, with
many characteris-
tics and levels of analy sis
• New discussion of “Ban the Box” legislation
• New material on initial impressions as bias in initial
interviews
• Updated material on applicant reactions and attraction from
meta- analytic
research
• Updated list of states that currently limit the use of credit
information in
staffing
• New material on social media screening and safeguards
• New discussion of bona fide occupational qualification claims
and their
35. justification
Chapter Nine: External Se lection II
• Updated Big Five stability and heritability estimates with the
most recent
meta- analytic research
• Updated website links and test information throughout the
chapter
• New material and discussion on the “too much of a good
thing” effect with
conscientiousness
• New material and discussion on the “trivial validities” of
personality, includ-
ing updated meta- analytic research and additional personality
frameworks
• New material and meta- analytic evidence on personality test
faking
• New material and discussion on when socially desirable be
hav ior is not desir-
able for job per for mance
• Updated Exhibits 9.2 and 9.13 based on new evidence
• Updated evaluation of cognitive ability tests with newest
meta- analytic research
on organizational citizenship behavior and counterproductive
work behavior
• Revised adverse impact evidence for cognitive abi lity tests
• New material on how “star applicants” can become offended
by having to take
36. cognitive ability tests
1259756556_ch00_pi_xx.indd 8 12/8/17 4:49 PM
Preface ix
• New material and discussion on physical abilities tests that
draw from the
most recent meta- analytic estimates
• New material and discussion on performance- based emotional
intelligence
mea sure ment and emotional intelligence validity
• Updated meta- analytic validity estimates of work sample tests
• New material and discussion on the “situational” perspective
on situational
judgment tests
• New material on integrity test validity and faking
• New material on vocational congruence and attained
vocational aspirations
• Updated meta- analytic research and other material for
interviews, including
structured interview characteristics, behavioral and situational
interview com-
parisons, validity, and interviewer characteristics
• New material on the National Football League (NFL) and how
OCBs matters
less to outsiders (e.g., external con sul tants) than to insiders in
team se lection
37. • Updated statistics and figures on drug testing
• Revised material on the Uniform Guidelines on Employee Se
lection Procedures
• New discussion of marijuana and other drug testing
Chapter Ten: Internal Se lection
• Updated peer assessment section with meta- analytic results
• New material on the impact of self- assessments on biased
promotion judgments
• New material on the impact of biases such as po liti cal skill
on promotability
ratings
• New meta- analytic material on the characteristics of
assessment centers
• New material and discussion on solutions for the assessment
center construct
validity dilemma
• Revised the validity ranges to match traditional standards
Chapter Eleven: Decision Making
• New section on predictive analytics
• New section describing the interface between orga nizational
leaders and HR
representatives based on best practices in the field
• New material covering techniques for assessing economic
impact
• New exhibit reviewing techniques for assessing links between
economic impact
analy sis and other functional areas of the business
• New exhibit covering the role of decision makers in se lection
38. • New section covering differential weighting techniques for
predictors
• Updated and revised discussion of choosing among weighting
schemes
• Streamlined discussion of test score banding
1259756556_ch00_pi_xx.indd 9 12/8/17 4:49 PM
x Preface
Chapter Twelve: Final Match
• New section on long- term adjustment and the pro cess of new
hire onboarding
over time
• Updated and revised discussion of specific onboarding
practices
• Increased discussion of expatriate adjustment in staffing
• Updated and revised discussion of the strategic approach to
job offers, with
increased linkages to decision making and system management
• Streamlined discussion of pay policies
• Streamlined discussion of employment contracts
• Revised material on negligent hiring and minimizing its
occurrence
Chapter Thirteen: Staffing System Management
• New section describing the design and administration of
staffing systems
• Emphasis on strategic fit between staffing systems and orga
nizational goals
39. and pro cesses
• Incorporation of strategic management research regarding HR
systems
• New exhibit contrasting hierarchical and participative staffing
systems
• Review of techniques for defining the mission of staffing
• Updated and revised material on orga nizational arrangements
• New EEO-1 report
• New discussion of incorporating implicit (hidden) bias
material into EEO
training
• New and revised material on internal and external dispute
resolution procedures
Chapter Fourteen: Retention Management
• Enhanced review of techniques for analyzing turnover
• Comprehensive update and reor ga ni za tion of material
related to retention
initiatives
• New section on predictive analytics in retention management
• New exhibit contrasting hire, quit, and layoff differences
across industries
• New exhibit demonstrating how to use turnover breakout
results
• Updated exhibit describing guidelines for increasing
satisfaction and retention
of employees
• Updated and revised discussion of causes of turnover
• Updated and revised discussion of the costs and benefits of
turnover
40. In preparing previous editions, we have benefited greatly from
the critiques and
suggestions of numerous people whose assistance was
invaluable. They helped us
1259756556_ch00_pi_xx.indd 10 12/8/17 4:49 PM
Preface xi
identify new topics, as well as clarify, rearrange, and delete
material. We extend our
many thanks to the following individuals:
• Amy Banta, Franklin University
• Fred Dorn, University of Mississippi
• Hank Findley, Troy University
• Diane Hagan, Ohio Business College
• Mark Lengnick- Hall, University of Texas– San Antonio
We wish to extend a special note of thanks to the McGraw - Hill
Education pub-
lishing team—in par tic u lar, Michael Ablassmeir, Laura Spell,
Melissa Leick, and
Jane Beck— for their hard work and continued support of the
number- one staffing
textbook in the market. Thanks also to the staff at Westchester
Publishing Ser-
vices for their dedicated work in this collaborative undertaking.
We wish to thank
Dr. David R. Glerum for his hard work on manuscript revisions,
editing, and prepa-
ration. Fi nally, we wish to thank you— the students and faculty
who use the book. If
there is anything we can do to improve your experience with
41. Staffing Organ izations,
please contact us. We will be happy to hear from you.
1259756556_ch00_pi_xx.indd 11 12/8/17 4:49 PM
1259756556_ch00_pi_xx.indd 12 12/8/17 4:49 PM
xiii
C O N T E N T S
PA R T O N E
The Nature of Staffing 3
C H A P T E R O N E
Staffing Models and Strategy 5
Learning Objectives and Introduction 6
Learning Objectives 6
Introduction 6
The Nature of Staffing 7
The Big Picture 7
Definition of Staffing 10
Implications of Definition 10
Staffing System Examples 13
Staffing Models 15
Staffing Quantity: Levels 15
Staffing Quality: Person/Job Match 16
Staffing Quality: Person/Or ga ni za tion
42. Match 18
Staffing System Components 20
Staffing Organ izations 23
Staffing Strategy 27
Staffing Levels 27
Staffing Quality 32
Staffing Ethics 33
Plan for the Book 36
Summary 37
Discussion Questions 38
Ethical Issues 38
Applications 38
Staffing for Your Own Job 38
Staffing Strategy for a New Plant 40
Endnotes 41
PA R T T W O
Support Activities 45
C H A P T E R T W O
Legal Compliance 47
Learning Objectives and Introduction 49
Learning Objectives 49
Introduction 49
The Employment Relationship 50
Employer– Employee 50
In de pen dent Contractors 53
Temporary Employees 54
43. Unpaid Interns and Trainees 55
Laws and Regulations 55
Need for Laws and Regulations 55
Sources of Laws and Regulations 56
EEO/AA Laws: General Provisions and
Enforcement 58
General Provisions 58
Enforcement: EEOC 61
Enforcement: OFCCP 67
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xiv Contents
EEO/AA Laws: Specific Staffing
Provisions 69
Civil Rights Acts (1964, 1978, 1991) 69
Age Discrimination in Employment Act
(1967) 72
Americans With Disabilities Act (1990,
2008) 73
Ge ne tic Information Nondiscrimination Act
(2008) 77
Rehabilitation Act (1973) 78
Executive Order 11246 (1965, 1967,
2014) 78
44. Other Staffing Laws 79
Federal Laws 79
State and Local Laws 82
Civil Ser vice Laws and Regulations 83
Legal Issues in Remainder of Book 85
Summary 85
Discussion Questions 86
Ethical Issues 86
Applications 87
Age Discrimination in a Promotion? 87
Disparate Impact: What Do the Statistics
Mean? 88
Endnotes 89
C H A P T E R T H R E E
Planning 91
Learning Objectives and Introduction 93
Learning Objectives 93
Introduction 93
Internal and External Influences 94
Orga nizational Strategy 94
Orga nizational Culture 95
Labor Markets 97
Technology 102
Human Resource Planning 103
Pro cess and Example 103
Initial Decisions 105
Forecasting HR Requirements 108
Forecasting HR Availabilities 111
45. Reconciliation and Gaps 119
Staffing Planning 121
Staffing Planning Pro cess 121
Core Workforce 124
Flexible Workforce 125
Outsourcing 128
Diversity Planning 130
Demography of the American Workforce 130
Business Case for Diversity 131
Planning for Diversity 132
Legal Issues 134
Affirmative Action Plans 134
Legality of AAPs and Diversity
Programs 139
AAPs for Veterans and Individuals With
Disabilities 142
EEO and Temporary Workers 142
Summary 143
Discussion Questions 144
Ethical Issues 144
Applications 145
Markov Analy sis and Forecasting 145
Deciding Whether to Use Flexible
Staffing 145
Endnotes 147
C H A P T E R F O U R
Job Analy sis and Rewards 153
46. Learning Objectives and Introduction 155
Learning Objectives 155
Introduction 155
The Need for Job Analy sis 156
Types of Job Analy sis 156
The Changing Nature of Jobs 157
Job Requirements Job Analy sis 159
Overview 159
Job Requirements Matrix 160
Job Descriptions and Job
Specifications 168
Collecting Job Requirements
Information 169
Competency- Based Job Analy sis 177
Overview 179
1259756556_ch00_pi_xx.indd 14 12/8/17 4:49 PM
Contents xv
Nature of Competencies 179
Collecting Competency Information 182
Job Rewards 185
Types of Rewards 185
Employee Value Proposition 185
Collecting Job Rewards Information 186
47. Legal Issues 193
Job Relatedness and Court Cases 193
Essential Job Functions 194
Summary 195
Discussion Questions 196
Ethical Issues 197
Applications 197
Conducting a Job Requirements or Job
Rewards Job Analy sis 197
Maintaining Job Descriptions 198
Endnotes 199
PA R T T H R E E
Staffing Activities: Recruitment 203
C H A P T E R F I V E
External Recruitment 205
Learning Objectives and Introduction 207
Learning Objectives 207
Introduction 207
Strategic Recruitment Planning 208
Defining Strategic External Recruitment
Goals 209
Open Versus Targeted Recruitment 211
Organ ization and Administration 213
Applicant Reactions 219
Reactions to Job and Orga nizational
48. Characteristics 220
Reactions to Recruiters 220
Reactions to the Recruitment Pro cess 221
Reactions to Diversity Issues 222
Communication 223
Communication Message 223
Communication Media 229
Strategy Implementation 236
Individual Recruitment Sources 236
Social Recruitment Sources 239
Orga nizational Recruitment Sources 242
Recruitment Metrics 248
Transition to Se lection 251
Legal Issues 252
Definition of a Job Applicant 252
Affirmative Action Programs 254
Electronic Recruitment 254
Job Advertisements 257
Fraud and Misrepre sen ta tion 257
Summary 258
Discussion Questions 259
Ethical Issues 259
Applications 260
Improving a College Recruitment
Program 260
Internet Recruitment 262
Endnotes 263
C H A P T E R S I X
49. Internal Recruitment 269
Learning Objectives and Introduction 270
Learning Objectives 270
Introduction 270
Strategic Recruitment Planning 271
Defining Strategic Internal Recruitment
Goals 271
Mobility Paths and Policies 271
Closed, Open, and Hybrid Recruitment 276
Organ ization and Administration 279
Timing 280
Applicant Reactions 283
Communication 284
Communication Message 284
Communication Media 285
Strategy Implementation 286
Recruitment Sources 286
Recruitment Metrics 292
Transition to Se lection 295
Legal Issues 295
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xvi Contents
Affirmative Action Programs 296
Bona Fide Se niority Systems 296
50. The Glass Ceiling 298
Summary 301
Discussion Questions 302
Ethical Issues 302
Applications 302
Recruitment in a Changing Internal
Labor Market 302
Succession Planning for a CEO 304
Endnotes 304
PA R T F O U R
Staffing Activities: Se lection 309
C H A P T E R S E V E N
Mea sure ment 311
Learning Objectives and Introduction 313
Learning Objectives 313
Introduction 313
Importance and Use of Mea sures 314
Key Concepts 315
Mea sure ment 315
Scores 319
Correlation Between Scores 322
Quality of Mea sures 327
Reliability of Mea sures 328
Validity of Mea sures 336
Validation of Mea sures in Staffing 339
Validity Generalization 348
51. Staffing Metrics and Benchmarks 351
Collection of Assessment Data 351
Testing Procedures 352
Acquisition of Tests and Test Manuals 354
Professional Standards 354
Legal Issues 355
Determining Adverse Impact 355
Standardization 358
Best Practices 358
Summary 359
Discussion Questions 361
Ethical Issues 361
Applications 361
Evaluation of Two New Assessment Methods
for Selecting Telephone Customer Ser vice
Representatives 361
Conducting Empirical Validation and
Adverse Impact Analy sis 364
Endnotes 367
C H A P T E R E I G H T
External Se lection I 371
Learning Objectives and Introduction 372
Learning Objectives 372
Introduction 372
Preliminary Issues 372
The Logic of Prediction 373
52. The Nature of Predictors 374
Development of the Se lection Plan 376
Se lection Sequence 376
Initial Assessment Methods 379
Résumés and Cover Letters 379
Application Blanks 383
Biographical Information 391
Reference and Background Checks 396
Initial Interview 402
Choice of Initial Assessment Methods 404
Legal Issues 409
Disclaimers 410
Reference Checks 410
Social Media Screening 411
Background Checks: Credit and
Criminal 412
Preemployment Inquiries 415
Bona Fide Occupational
Qualifications 417
Summary 420
Discussion Questions 420
Ethical Issues 421
Applications 421
Reference Reports and Initial Assessment in
a Start- Up Com pany 421
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Contents xvii
53. Developing a Lawful Application
Blank 422
Endnotes 424
C H A P T E R N I N E
External Se lection II 431
Learning Objectives and Introduction 432
Learning Objectives 432
Introduction 432
Substantive Assessment Methods 433
Personality Tests 433
Ability Tests 442
Emotional Intelligence Tests 450
Per for mance Tests and Work
Samples 453
Situational Judgment Tests 456
Integrity Tests 459
Interest, Values, and Preference
Inventories 464
Structured Interview 466
Se lection for Team Environments 475
Choice of Substantive Assessment
Methods 477
Discretionary Assessment Methods 481
Contingent Assessment Methods 481
Drug Testing 482
Medical Exams 488
54. Legal Issues 488
Uniform Guidelines on Employee Se lection
Procedures 488
Se lection Under the Americans With
Disabilities Act 489
Marijuana and Other Drug Testing 493
Summary 494
Discussion Questions 495
Ethical Issues 496
Applications 496
Assessment Methods for the Job of Human
Resources Director 496
Choosing Among Finalists for the Job of
Human Resources Director 498
Endnotes 499
C H A P T E R T E N
Internal Se lection 513
Learning Objectives and Introduction 515
Learning Objectives 515
Introduction 515
Preliminary Issues 516
The Logic of Prediction 516
Types of Predictors 517
Se lection Plan 517
Initial Assessment Methods 518
Talent Management/Succession
55. Systems 518
Peer Assessments 519
Self- Assessments 521
Managerial Sponsorship 521
Informal Discussions and
Recommendations 523
Choice of Initial Assessment Methods 525
Substantive Assessment Methods 525
Se niority and Experience 526
Job Knowledge Tests 527
Per for mance Appraisal 528
Promotability Ratings 530
Assessment Centers 531
Interview Simulations 538
Promotion Panels and Review Boards 539
Choice of Substantive Assessment
Methods 539
Discretionary Assessment Methods 541
Legal Issues 541
Uniform Guidelines on Employee Se lection
Procedures 541
The Glass Ceiling 542
Summary 543
Discussion Questions 544
Ethical Issues 544
Applications 544
Changing a Promotion System 544
Promotion From Within at Citrus Glen 545
Questions 546
56. Endnotes 547
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xviii Contents
PA R T F I V E
Staffing Activities: Employment 553
C H A P T E R E L E V E N
Decision Making 555
Learning Objectives and Introduction 557
Learning Objectives 557
Introduction 557
Choice of Assessment Method 558
Validity Coefficient 558
Correlation With Other Predictors 560
Adverse Impact 560
Hiring Success Gain 560
Economic Gain 563
Determining Assessment Scores 566
Single Predictor 566
Multiple Predictors 566
Hiring Standards and Cut Scores 571
Description of the Pro cess 572
Consequences of Cut Scores 573
Methods to Determine Cut Scores 574
57. Methods of Final Choice 579
Random Se lection 579
Ranking 579
Grouping 580
Ongoing Hiring 580
Decision Makers 581
Orga nizational Leaders 581
Human Resource Professionals 582
Man ag ers 583
Coworkers 583
Legal Issues 584
Uniform Guidelines on Employee Se lection
Procedures 584
Diversity and Hiring Decisions 585
Summary 586
Discussion Questions 587
Ethical Issues 587
Applications 587
Utility Concerns in Choosing an
Assessment Method 587
Choosing Entrants Into a Management
Training Program 589
Endnotes 591
C H A P T E R T W E LV E
Final Match 595
Learning Objectives and Introduction 597
Learning Objectives 597
58. Introduction 597
Employment Contracts 598
Requirements for an Enforceable
Contract 598
Parties to the Contract 599
Form of the Contract 600
Disclaimers 602
Contingencies 603
Job Offers 603
Strategic Approach to Job Offers 604
Job Offer Content 606
Job Offer Pro cess 615
Formulation of the Job Offer 615
Pre sen ta tion of the Job Offer 622
Timing of the Offer 623
Job Offer Ac cep tance and Rejection 623
Reneging 624
New Employee Orientation and
Socialization 626
Orientation 627
Socialization 627
Long- Term Adjustment 631
Examples of Programs 632
Legal Issues 633
Employment Eligibility Verification 633
Negligent Hiring 634
Employment- at- Will 635
Summary 635
59. Discussion Questions 636
Ethical Issues 637
Applications 637
Making a Job Offer 637
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Contents xix
Evaluating a Hiring and Variable- Pay
Plan 639
Endnotes 641
PA R T S I X
Staffing System and
Retention Management 647
C H A P T E R T H I R T E E N
Staffing System Management 649
Learning Objectives and Introduction 650
Learning Objectives 650
Introduction 650
Design and Administration of Staffing
Systems 651
Defining the Mission of Staffing 651
Orga nizational Arrangements 652
Policies and Procedures 655
Human Resource Information
60. Systems 657
Outsourcing 660
Evaluation of Staffing Systems 663
Staffing Pro cess 663
Staffing Pro cess Results 666
Calculating Staffing Metrics 672
Legal Issues 673
Rec ord Keeping and Privacy 673
EEO Report 675
Legal Audits 675
Training for Man ag ers and
Employees 677
Dispute Resolution 678
Summary 680
Discussion Questions 681
Ethical Issues 681
Applications 681
Learning About Jobs in Staffing 681
Evaluating Staffing Pro cess Results 682
Endnotes 683
C H A P T E R F O U R T E E N
Retention Management 687
Learning Objectives and Introduction 689
Learning Objectives 689
Introduction 689
Turnover and Its Causes 690
61. Nature of the Prob lem 690
Types of Turnover 690
Causes of Turnover 692
Analy sis of Turnover 695
Mea sure ment 695
Reasons for Leaving: Self- Report 697
Reasons for Leaving: Predictive
Analytics 699
Costs and Benefits 700
Retention Initiatives: Voluntary
Turnover 707
Desirability of Leaving 708
Ease of Leaving 713
Alternatives 714
Current Practices and Deciding to Act 715
Retention Initiatives: Discharge 720
Per for mance Management 720
Progressive Discipline 725
Retention Initiatives: Downsizing 726
Weighing Advantages and
Disadvantages 726
Staffing Levels and Quality 727
Alternatives to Downsizing 728
Employees Who Remain 728
Legal Issues 730
Separation Laws and Regulations 730
Per for mance Appraisal 730
62. Summary 731
Discussion Questions 733
Ethical Issues 733
Applications 734
Managerial Turnover: A Prob lem? 734
Retention: Deciding to Act 735
Endnotes 737
Name Index 743
Subject Index 753
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1259756556_ch00_pi_xx.indd 20 12/8/17 4:49 PM
S TA F F I N G
O R G A N I Z AT I O N S
Ninth Edition
099-67811_ch01_4P.indd 1 10/3/17 8:56 AM
The Staffing Organizations Model
Organization
Mission
Goals and Objectives
63. Organization Strategy
seitivitcA gniffatS eroCseitivitcA troppuS
HR and Sta�ng Strategy
Sta�ng Policies and Programs
Sta�ng System and Retention Management
Legal compliance
Planning
Job analysis and rewards
Recruitment: external, internal
Selection: measurement, external, internal
Employment: decision making, final match
099-67811_ch01_4P.indd 2 10/3/17 8:56 AM
PA R T O N E
The Nature of Staffing
C H A P T E R O N E
Staffing Models and Strategy
099-67811_ch01_4P.indd 3 10/3/17 8:56 AM
099-67811_ch01_4P.indd 4 10/3/17 8:56 AM
64. C H A P T E R O N E
Staffing Models and Strategy
Learning Objectives and Introduction
Learning Objectives
Introduction
The Nature of Staffing
The Big Picture
Definition of Staffing
Implications of Definition
Staffing System Examples
Staffing Models
Staffing Quantity: Levels
Staffing Quality: Person/Job Match
Staffing Quality: Person/Or ga ni za tion Match
Staffing System Components
Staffing Organ izations
Staffing Strategy
Staffing Levels
Staffing Quality
Staffing Ethics
Plan for the Book
Summary
Discussion Questions
Ethical Issues
65. Applications
Staffing for Your Own Job
Staffing Strategy for a New Plant
Endnotes
099-67811_ch01_4P.indd 5 10/3/17 8:56 AM
6 PART ONE The Nature of Staffing
LEARNING OBJECTIVES AND INTRODUCTION
Learning Objectives
• Define staffing and consider how, in the big picture, staffing
decisions matter
• Review the five staffing models presented, and consider the
advantages and
disadvantages of each
• Consider the staffing system components and how they fit into
the plan for
the book
• Understand the staffing organ izations model and how its vari
ous components
fit into the plan for the book
• Appreciate the importance of staffing strategy, and review the
13 decisions
that staffing strategy requires
• Realize the importance of ethics in staffing, and learn how
ethical staffing
66. practice is established
Introduction
Staffing is a critical orga nizational function concerned with the
acquisition, deploy-
ment, and retention of the organ ization’s workforce. As we
note in this chapter and
throughout the book, staffing is arguably the most critical
function under lying orga-
nizational effectiveness, because “the people make the place,”
labor costs are often
the highest orga nizational cost, and poor hiring decisions are
not easily undone.
This chapter begins with a look at the nature of staffing. This
includes a view
of the “big picture” of staffing, followed by a formal definition
of staffing and the
implications of that definition. Examples of staffing systems are
given.
Five models are then presented to elaborate on and illustrate
vari ous facets of
staffing. The first model shows how projected workforce head-
count requirements
and availabilities are compared to determine the appropriate
staffing level for the
organ ization. The next two models illustrate staffing quality,
which refers to match-
ing a person’s qualifications with the requirements of the job or
organ ization. The
person/job match model is the foundation of all staffing
activities; the person/
or ga ni za tion match model shows how person/job matching
67. could extend to how
well the person will also fit with the organ ization. The core
staffing components
model identifies recruitment, se lection, and employment as the
three key staff-
ing activities, and it shows that both the organ ization and the
job applicant inter-
act in these activities. The final model, staffing organ izations,
provides the entire
framework for staffing and the structure of this book. It shows
that organ izations,
human resources (HR), and staffing strategy interact to guide
the conduct of staff-
ing support activities ( legal compliance, planning, and job
analy sis) and core staff-
ing activities (recruitment, se lection, and employment);
employee retention and
staffing system management are shown to cut across both types
of activities.
099-67811_ch01_4P.indd 6 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 7
Staffing strategy is then explored in detail by identifying and
describing a set of
13 strategic staffing decisions that confront any organ ization.
Several of the deci-
sions pertain to staffing levels and the remainder to staffing
quality.
The ethics of staffing— the moral princi ples and guidelines for
acceptable
practice—is discussed next. Several pointers that help guide
68. ethical staffing con-
duct are indicated, as are some of the common pressures to
ignore these pointers
and compromise one’s ethical standards. Suggestions for how to
handle these pres-
sures are also made.
Fi nally, the plan for the remainder of the book is presented.
The overall structure
of the book is shown, along with key features of each chapter.
THE NATURE OF STAFFING
The Big Picture
Organ izations are combinations of physical, financial, and
human capital. Human
capital refers to the knowledge, skill, and ability of people and
their motivation to
use these successfully on the job. The term “workforce quality”
refers to an organ-
ization’s human capital. The organ ization’s workforce is thus a
stock of human
capital that it acquires, deploys, and retains in pursuit of orga
nizational outcomes
such as profitability, market share, customer satisfaction, and
environmental sus-
tainability. Staffing is the orga nizational function used to build
this workforce
through such systems as staffing strategy, HR planning,
recruitment, se lection,
employment, and retention.
At the national level, the collective workforces of US organ
izations total over
121 million (down from a peak of nearly 140 million in 2005),
69. with employees
spread across nearly 7.5 million work sites. The work sites vary
considerably in
size, with 24% of employees in work sites with fewer than 20
employees, 54%
in work sites with 20–500 employees, and 21% in work sites
with more than
500 employees.1 Each of these work sites used some form of a
staffing pro cess
to acquire its employees. Job creation has continued to expand
since job growth
recovery from the Great Recession was achieved in April 2014;
since then, nearly
4.6 million jobs have been added as of December 2015. Among
the industries
contributing to this job growth, service- providing industr ies
such as hospitality,
leisure, health care, and professional ser vices have been
leading the way. Given
the steadily increasing job growth over the last five years, as
well as the boon in
professional ser vices such as se lection and assessment,
staffing is big business for
both organ izations and job seekers.2
For most organ izations, a workforce is an expensive
proposition and cost of
doing business. It is estimated that an average organ ization’s
employee cost (wages
or salaries and benefits) is over 22% of its total revenue (and
generally a higher
percentage of total costs).3 The percentage is much greater for
organ izations in
099-67811_ch01_4P.indd 7 10/3/17 8:56 AM
70. 8 PART ONE The Nature of Staffing
labor- intensive industries— the service- providing as opposed
to goods- producing
industries— such as retail trade, information, financial ser
vices, professional and
business ser vices, education, health care, and leisure and
hospitality. Since service-
providing industries now dominate our economy, matters of
employee cost and
whether the organ ization is acquiring a high- quality
workforce are of considerable
concern.
A shift is gradually occurring from viewing employees as just a
cost of doing
business to valuing employees as human capital that creates a
competitive advantage
for the organ ization. Organ izations that deliver superior
customer ser vice, much
of which is driven by highly knowledgeable employees with
fine- tuned customer
ser vice skills, have a definite and hopefully long- term
advantage over their competi-
tors. The competitive advantage derived from such human
capital has impor tant
financial implications.
In addition to direct bottom- line implications, an organ
ization’s focus on cre
ating an effective se lection system also has indirect
implications for a competi-
tive advantage by enhancing employees’ well being and
retention. One recent
71. study showed that employees who perceive that their com pany
uses effective
se lection practices such as formal se lection tests and
structured job interviews
(practices that we will discuss in this book) are more
committed to their organ-
izations. In turn, those higher levels of commitment lead to
more helping or citi-
zenship be hav iors on the part of employees, as well as stronger
intentions to remain
employed, both of which ultimately contribute to an organ
ization’s bottom line.4
This renewed focus on establishing a competitive advantage in
staffing has also
been revolutionized by advancements in technology that have
changed the way
employees are assessed during the staffing pro cess. These
include changes in the
delivery of assessments (e.g., computerized adaptive testing
[CAT] and mobile
assessment); novel ways of assessing applicant knowledge,
skill, and ability (e.g.,
simulation- based training and serious games); and the advanced
scoring and report-
ing of assessments (e.g., electronic scoring and reporting).
Although these changes
are often financially sound and efficient benefits for organ
izations, this new para-
digm in staffing is not without its limitations, including the
potential threat of
reduced effectiveness due to decreased face- to- face contact in
assessment and
a potential for the cognitively demanding nature of electronic
assessments to
adversely affect members of the applicant pool.5 Interestingly,
72. this recent “tech
nology effect” suggests that certain technological advancements
may be viewed
with rose- colored glasses, even without proper evaluation of
their effectiveness.6
Thus, organ izations are increasingly recognizing the value
creation that can
occur through staffing. Quotes from several orga nizational
leaders attest to this,
as shown in Exhibit 1.1. Of course, it should also be noted that
effective staffing
involves a series of trade- offs in practice, such as between
customization and con-
sistency or wide reach and coherence.7
099-67811_ch01_4P.indd 8 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 9
“Staffing is absolutely critical to the success of every company.
To be competitive in today’s
economy, companies need the best people to create ideas and
execute them for the
organization. Without a competent and talented workforce,
organizations will stagnate and
eventually perish. The right employees are the most important
resources of companies today.”a
Gail Hyland- Savage, chief operating officer
Michaelson, Connor & Boul—real estate and marketing
“At most companies, people spend 2% of their time recruiting
and 75% managing their
73. recruiting mistakes.”b
Richard Fairbank, CEO
Capital One
“I think about this in hiring, because our business all comes
down to people. . . . In fact, when
I’m interviewing a senior job candidate, my biggest worry is
how good they are at hiring. I
spend at least half the interview on that.”c
Jeff Bezos, CEO
Amazon.com—Internet merchandising
“We missed a really nice nursing rebound . . . because we just
didn’t do a good job hiring
in front of it. Nothing has cost the business as much as failing
to intersect the right people
at the right time.”d
David Alexander, president
Soliant Health—health care
“Organization doesn’t really accomplish anything. Plans don’t
accomplish anything, either.
Theories of management don’t much matter. Endeavors succeed
or fail because of the
people involved. Only by attracting the best people will you
accomplish great deeds.”e
Gen. Colin Powell (Ret.)
Former US secretary of state
EXHIBIT 1.1 The Importance of Staffing to Organizational
Leaders
74. aG. Hyland- Savage, “General Management Perspective on
Staffing; The Staffing Commandments,” in
N. C. Burkholder, P. J. Edwards, Jr., and L. Sartain (eds.), On
Staffing (Hoboken, NJ: Wiley, 2004), p. 280.
bJ. Trammell, “CEOs Must Own Recruiting: 10 Rules for
Building a Top-Notch Function,” Forbes,
Apr. 17, 2013
(www.forbes.com/sites/joeltrammell/2013/04/17/ceos-must-
own-recruiting-10-rules-for
-building-a-top-notch-function).
cG. Anders, “Taming the Out- of-Control In- Box,” Wall
Street Journal, Feb. 4, 2000, p. 81.
dJ. McCoy, “Executives’ Worst Mistakes in Staffing,” Staffing
Industry Review, Sept. 2010, pp. 1–2.
eC. Powell, “A Leadership Primer: Lesson 8,” Department of
the Army (www.think-energy.net/Colin
-Powell-on-Leadership.pdf ).
099-67811_ch01_4P.indd 9 10/3/17 8:56 AM
10 PART ONE The Nature of Staffing
Definition of Staffing
The following definition of staffing is offered and will be used
throughout this
book:
Staffing is the pro cess of acquiring, deploying, and retaining a
workforce of
sufficient quantity and quality to create positive impacts on the
organ ization’s
effectiveness.
75. This straightforward definition contains several implications
that are identified and
explained next.
Implications of Definition
Acquire, Deploy, Retain
An organ ization’s staffing system must guide the acquisition,
deployment, and
retention of its workforce. Acquisition activities involve
external staffing systems
that govern the initial intake of applicants into the organ
ization. These involve
planning for the numbers and types of people needed,
establishing job require-
ments in the form of the qualifications or knowledge, skills,
abilities, and other
characteristics (KSAOs) needed to perform the job effectively,
establishing the
types of rewards the job will provide, conducting external
recruitment campaigns,
using se lection tools to evaluate the KSAOs that applicants
possess, deciding
which applicants are the most qualified and will receive job
offers, and putting
together job offers that applicants will hopefully accept.
Deployment refers to the placement of new hires in the actual
jobs they will
hold, something that may not be entirely clear at the time of
hire, such as the
specific work unit or geographic location. Deployment also
encompasses guiding
the movement of current employees throughout the organ
ization through internal
staffing systems that handle promotions, transfers, and new
76. proj ect assignments.
Internal staffing systems mimic external staffing systems in
many re spects, such
as planning for promotion and transfer vacancies, establishing
job requirements
and job rewards, recruiting employees for promotion or transfer
opportunities,
evaluating employees’ qualifications, and making job offers to
employees for new
positions.
Retention systems seek to manage the inevitable flow of
employees out of
the organ ization. Sometimes these outflows are involuntary on
the part of the
employee, such as through layoffs or the sale of a business unit
to another organ-
ization. Other outflows are voluntary in that they are initiated
by the employee,
such as leaving the organ ization to take another job (a
potentially avoidable turn-
over by the organ ization) or leaving to follow one’s spouse or
partner to a new geo-
graphic location (a potentially unavoidable turnover). Of
course, no organ ization
can or should seek to completely eliminate employee outflows,
but it should try
to minimize the types of turnover in which valued employees
leave for greener
099-67811_ch01_4P.indd 10 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 11
77. pastures elsewhere— namely, voluntary- avoidable turnover.
Such turnover can be
very costly to the organ ization, as can turnover due to
employee discharges and
downsizing. Through vari ous retention strategies and tactics,
the organ ization can
combat these types of turnover, seeking to retain those
employees it thinks it can-
not afford to lose.
Staffing as a Pro cess or System
Staffing is not an event, as in, “We hired two people today.”
Rather, staffing is a pro-
cess that establishes and governs the flow of people into the
organ ization, within
the organ ization, and out of the organ ization. Organ izations
use multiple inter-
connected systems to manage the people flows. These include
planning, recruit-
ment, se lection, decision making, job offer, and retention
systems. Occurrences or
actions in one system inevitably affect other systems. If
planning activities show a
forecasted increase in vacancies relative to historical standards,
for example, the
recruitment system will need to gear up for generating more
applicants than previ-
ously, the se lection system will have to handle the increased
volume of applicants
needing to be evaluated in terms of their KSAOs, decisions
about job offers may
have to be sped up, and the job offer packages may have to be
sweetened to entice
the necessary numbers of new hires. Further, steps will have to
be taken to retain
the new hires and thus avoid having to repeat the above
78. experiences in the next
staffing cycle.
Quantity and Quality
Staffing the organ ization requires attention to both the numbers
(quantity) and the
types (quality) of people brought into, moved within, and
retained by the organ-
ization. The quantity ele ment refers to having enough people
to conduct business,
and the quality ele ment refers to having people with the
requisite KSAOs so that
jobs are performed effectively. It is impor tant to recognize that
it is the combina-
tion of sufficient quantity and quality of labor that creates a
maximally effective
staffing system.
Orga nizational Effectiveness
Staffing systems exist and should be used to contribute to the
attainment of orga-
nizational goals such as survival, profitability, and growth. A
macro view of staff-
ing like this is often lost or ignored because most of the day-
to- day operations
of staffing systems involve micro activities that are procedural,
transactional, and
routine in nature. While these micro activities are essential for
staffing systems,
they must be viewed within the broader macro context of the
positive impacts
staffing can have on orga nizational effectiveness. There are
many indications of
this critical role of staffing.
Leadership talent is at a premium, with very large stakes
79. associated with new
leader acquisition. Sometimes leadership talent is bought and
brought from the
099-67811_ch01_4P.indd 11 10/3/17 8:56 AM
12 PART ONE The Nature of Staffing
outside to hopefully execute a reversal of fortune for the organ
ization or a busi-
ness unit within it. For example, in 2012, Yahoo brought in
Marissa Mayer, a for-
mer executive at Google, to turn around the aging tech giant.
Organ izations also
acquire leaders to start new business units or ventures that will
feed orga nizational
growth. The flip side of leadership acquisition is leadership
retention. A loom-
ing fear for organ izations is the unexpected loss of a key
leader, particularly to a
competitor. The exiting leader carries a wealth of knowledge
and skill out of the
organ ization and leaves a hole that may be hard to fill,
especially with someone of
equal or higher leadership stature. The leader may also take
other key employees
along, thus increasing the exit impact.
Organ izations recognize that talent hunts and loading up on
talent are ways
to expand orga nizational value and provide protection from
competitors. Such a
strategy is particularly effective if the talent is unique and rare
in the marketplace,
80. valuable in the anticipated contributions to be made (such as
product creations
or design innovations), and difficult for competitors to imitate
(such as through
training current employees). Talent of this sort can serve as a
source of competitive
advantage for the organ ization, hopefully for an extended time
period.8
Talent acquisition is essential for growth even when it does not
have such com-
petitive advantage characteristics. As hiring has steadily picked
up since the end of
the Great Recession, many companies are scrambling to staff
positions in order to
keep up with demand. For example, Amazon, JP Morgan Chase,
and PWC are each
attempting to fill over a whopping 2,000 positions that all pay
at least $50,000 a
year.9 Shortages in the quantity or quality of labor can mean
lost business opportu-
nities, scaled- back expansion plans, an inability to provide
critical consumer goods
and ser vices, and even threats to the organ ization’s survival.
Fi nally, for individual man ag ers, having sufficient numbers
and types of employ-
ees on board is necessary for the smooth, efficient operation of
their work units.
Employee shortages often require disruptive adjustments, such
as job reassign-
ments or overtime for current employees. Underqualified
employees pres ent spe-
cial challenges to the man ag er, as they need to be trained and
closely supervised.
Failure of the underqualified to achieve acceptable per for
81. mance may require ter-
mination, a difficult decision to make and implement.
In short, organ izations experience and respond to staffing
forces and recog-
nize how critical these forces can be to orga nizational
effectiveness. The forces
manifest themselves in numerous ways: acquisition of new
leaders to change the
organ ization’s direction and effectiveness, prevention of key
leader losses, use of
talent as a source of growth and competitive advantage,
shortages of labor— both
quantity and quality— that threaten growth and even survival,
and the ability of
individual man ag ers to effectively run their work units.
099-67811_ch01_4P.indd 12 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 13
Staffing System Examples
Staffing Jobs Without Titles
W. L. Gore & Associates is a Delaware- based organ ization
that specializes in mak-
ing products derived from fluoropolymers. Gore produces fibers
(including dental
floss and sewing threads), tubes (used, for example, in heart
stents and oil explora-
tion), tapes (including those used in space exploration), and
membranes (used in
Gore- Tex waterproof clothing).
82. In its more than a half- century history, Gore has never lost
money. Gore employs
over 9,000 workers and appears on nearly every “best place to
work” list, including
Fortune magazine’s “100 Best Companies to Work for” list
every year since 1998.
In addition, it boasts a miniscule 3% full- time voluntary
turnover rate. What makes
Gore so special? Gore associates say that it’s the culture, and
the culture starts with
the hiring.
Gore has a strong culture, as seen in its structure: a team-
based, flat lattice
structure that fosters personal initiative. At Gore, no employee
can ever command
another employee— all commitments are voluntary, and any
employee can say no
to any request. Employees are called “associates” and man ag
ers are called “spon
sors.” How do people become leaders at Gore? “You get to be a
leader if your team
asks you to lead them.”10
Gore extends this egalitarian, entrepreneurial approach to its
staffing pro cess.
The focal point of Gore’s recruitment pro cess is the careers
section of its website,
which describes its core values and its unique culture. The
website also provides
position descriptions and employee perspectives on working at
Gore, complete
with pictures of the associates and videos. Three Gore
associates— Janice, Katrin,
and Mike— work on Gore’s footwear products, striving to
uphold the com pany’s
83. “keep you dry” guarantee. As Mike notes, “The reasons that I
chose Gore from the
start are the same reasons why I stay at Gore today, and
continue to have fun every
day: It’s the people. Our team is a great team, and I think that
is reflected or echoed
across the entire enterprise.” Hajo, Alicia, and Austin make up a
team working on
the clinical product Thoracic Endoprosthesis. As Hajo notes,
“When you come to
work each day, you don’t have a boss to give you explicit
instructions on what you
need to accomplish.”
Gore finds that its employee- focused recruitment efforts do not
work for every-
one, which is exactly what it intends. “Some of these
candidates, or prospects in
the fields we were recruiting for, told us ‘this com pany prob
ably isn’t for me,’ ”
says Steve Shuster, who helped develop the recruitment
strategy. Shuster says that
this self- selection is another benefit of its recruitment message.
Potential recruits
who prefer a more traditional culture quickly see that Gore
isn’t for them. Shuster
says, “Rather than have them go through the interview pro cess
and invest their
099-67811_ch01_4P.indd 13 10/3/17 8:56 AM
14 PART ONE The Nature of Staffing
time and our time, we wanted to weed that out.” Of course,
84. Gore has a culture that
fits many. Says Gore associate Hannah, who works on the com
pany’s heart device
team, “I feel like Gore is not just a job, that it’s more of a
lifestyle and a huge part
of my life.”11
Phar ma ceu ti cal Industry Man ag ers
Though Pfizer has been recognized by other phar ma ceu ti cal
companies as a leader
in selecting and developing its employees, it recently realized a
need to dra-
matically overhaul its approach to staffing. Despite the previous
success of its
se lection efforts, “Pfizer was not focused on managing the
external environment,”
said Pfizer executive Chris Altizer. In the past, according to
Altizer, Pfizer would
project what kind of talent it would need in the next 10 years
and then select
employees whose skills matched the talent needs. Pfizer now
believes the plan
no longer works because there is increased global competition,
especially from
smaller start-up phar ma ceu ti cal firms that can rush products
to market. That puts
a premium on adaptability.
To address changing market conditions, Pfizer now looks at
hiring employees
who can jump from one position to another. This means that
Pfizer focuses less on
job descriptions (i.e., hiring for skills that fit a specific job) and
more on general
competencies that will translate from job to job. According to
Altizer, Pfizer needs
85. “a person who can switch from working on a heart disease
product to one that
helps people stop smoking”—in other words, rather than
relying on past experi-
ence with one product (say, heart disease medi cations), Pfizer
is looking for com-
petencies that will allow the employee to quickly and
proficiently move from one
venture to the next.12
Management Trainees
Enterprise Rent- A- Car is a private com pany founded in 1957
with locations in the
United States, Canada, the UK, Ireland, and Germany.
Enterprise boasts that its
5,500 offices in the United States are located within 15 miles of
90% of the pop-
ulation. Among its competitors, Enterprise frequently wins
awards for customer
satisfaction.
To staff its locations, Enterprise relies heavi ly on recruiting
recent college gradu-
ates. In fact, Enterprise hires more college gradu ates— often
between 8,000 and
9,000 a year— than any other com pany. New hires enter
Enterprise’s management
training program, where they learn all aspects of running a
branch, including tak-
ing reservations, picking up customers, developing relationships
with car dealer-
ships and body shops for future rentals, managing the f leet,
handling customer
issues, and even washing cars. Nearly all promotions at
Enterprise occur from
within and are strictly per for mance based, allowing
86. management trainees to see a
clear path from their current position to higher positions such as
assistant man ag er,
branch man ag er, and area man ag er. Typically, the first
promotion occurs within
9–12 months of being hired, which speeds the climb up the
corporate ladder.
099-67811_ch01_4P.indd 14 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 15
To fill so many positions with college gradu ates, Enterprise
relies on several
strategies, including recruiting from an internship program of
approximately
1,000 students a year, attending college recruitment fairs, using
its website to high-
light its performance- driven culture as well as employee
testimonials, and devoting
a large percentage of its tele vi sion advertising to the NCAA
basketball tournament,
which occurs each March and has a high college viewership.
Although gradu ates’
grades are impor tant to Enterprise, communication skills are
even more essential,
says Dylan Schweitzer, northeast man ag er of talent
acquisition.
Although the management trainee program at Enterprise has
been described as
a grueling pro cess, with many trainees leaving prior to being
promoted, its execu-
tives often describe it as an “MBA without the IOU” because
87. trainees gain first-
hand experience in sales, marketing, finance, and operati ons.13
STAFFING MODELS
Vari ous ele ments of staffing are depicted in the staffing
models presented here.
Each of these is described in detail to more fully convey the
nature and richness of
staffing the organ ization.
Staffing Quantity: Levels
The quantity or head- count portion of the staffing definition
means organ izations
must be concerned about staffing levels and their adequacy.
Exhibit 1.2 shows
the basic model. The organ ization as a whole, as well as each
of its units, forecasts
workforce quantity requirements (the needed head count) and
then compares
these with forecasted workforce availabilities (the likely
employee head count) to
determine its likely staffing level position. If head- count
requirements match avail-
abilities, the organ ization will be fully staffed. If requirements
exceed availabilities,
the organ ization will be understaffed, and if availabilities
exceed requirements, the
organ ization will be overstaffed.
Projected Sta�ng Requirements
Overstaed
Fully Staed
Understaed
88. Projected Sta�ng Availabilities
Compare
EXHIBIT 1.2 Staffing Quantity
099-67811_ch01_4P.indd 15 10/3/17 8:56 AM
16 PART ONE The Nature of Staffing
Making forecasts to determine appropriate staffing levels and
then developing
specific plans are the essence of planning. Being understaffed
means the organ-
ization will have to gear up its staffing efforts, starting with
accelerated recruitment
and carry ing on through the rest of the staffing system. It may
also require develop-
ing retention programs that will slow the outflow of people,
thus avoiding costly
“turnstile” or “revolving door” staffing. Overstaffing
projections signal the need to
slow down or even halt recruitment, as well as to take steps to
reduce head count,
perhaps through early retirement plans or layoffs.
Staffing Quality: Person/Job Match
The person/job match seeks to align characteristics of
individuals with jobs in ways
that will result in desired HR outcomes. Casual comments made
about applicants
often reflect awareness of the importance of the person/job
89. match: “Clark just
doesn’t have the interpersonal skills that it takes to be a good
customer ser vice rep-
resentative.” “Mary has exactly the kind of bud geting
experience this job calls for;
if we hire her, there won’t be any downtime while she learns
our systems.” “Gary
says he was attracted to apply for this job because of its sales
commission plan; he
says he likes jobs where his pay depends on how well he
performs.” “Diane was
impressed by the amount of challenge and autonomy she will
have.” “Jack turned
down our offer; we gave him our best shot, but he just didn’t
feel he could handle
the long hours and amount of travel the job calls for.”
Comments like these raise four impor tant points about the
person/job match.
First, jobs are characterized by their requirements (e.g.,
interpersonal skills, previ-
ous bud geting experience) and embedded rewards (e.g.,
commission sales plan,
challenge and autonomy). Second, individuals are characterized
by their level of
qualification (e.g., few interpersonal skills, extensive bud
geting experience) and
motivation (e.g., need for pay to depend on per for mance, need
for challenge and
autonomy). Third, in each of the previous examples, the issue
was the likely degree
of fit or match between the characteristics of the job and the
person. Fourth, there
are implied consequences for every match. For example, Clark
may not perform
very well in his interactions with customers; retention might
90. quickly become an
issue with Jack.
These points and concepts are shown more formally through the
person/job
match model in Exhibit 1.3. In this model, the job has certain
requirements and
rewards associated with it. The person has certain
qualifications, referred to as
KSAOs, and motivations. There is a need for a match between
the person and the
job. To the extent that the match is good, it will likely have a
positive impact on HR
outcomes, particularly with attraction of job applicants, job per
for mance, reten-
tion, attendance, and satisfaction.
There is a need for a dual match to occur: job requirements to
KSAOs, and
job rewards to individual motivation. In and through staffing
activities, there are
099-67811_ch01_4P.indd 16 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 17
attempts to ensure both of these. Such attempts collectively
involve what will be
referred to throughout this book as the matching pro cess.
Several points pertaining to staffing need to be made about the
person/job match
model. First, the concepts shown in the model are not new.14
They have been used
91. for de cades as the dominant way of thinking about how
individuals successfully
adapt to their work environments. The view is that the positive
interaction of indi-
vidual and job characteristics creates the most successful match.
Thus, a person
with a given package of KSAOs is not equally suited to all jobs,
because jobs vary
in the KSAOs required. Likewise, an individual with a given set
of needs or moti-
vations will not be satisfied with all jobs, because jobs differ
in the rewards they
offer. Thus, in staffing, each individual must be assessed
relative to the require-
ments and rewards of the job being filled.
Second, the model emphasizes a dual match of KSAOs to
requirements and
motivation to rewards. Both matches require attention in
staffing. For example, a
staffing system may be designed to focus on the
KSAOs/requirements match by
carefully identifying job requirements and then thoroughly
assessing applicants
relative to those requirements. While such a staffing system
may accurately iden-
tify the probable high performers, prob lems could arise. By
ignoring or down-
playing the motivation/rewards portion of the match, the organ
ization may have
difficulty getting people to accept job offers (an attraction
outcome) or having new
Job
Requirements
92. Rewards
Match
Impact
Person
KSAOs
Motivation
HR Outcomes
Attraction
Performance
Retention
Attendance
Satisfaction
Other
EXHIBIT 1.3 Person/Job Match
099-67811_ch01_4P.indd 17 10/3/17 8:56 AM
18 PART ONE The Nature of Staffing
hires remain with the organ ization for any length of time (a
retention outcome).
It does little good to identify the likely high performers if they
cannot be induced
to accept job offers or to remain with the organ ization.
Paradoxically, a recent
research study has demonstrated that although matching the
KSAOs to require-
ments is impor tant for organ izations, job advertisements that
93. emphasize the fit
between employee needs and employer fulfillment of those
needs (e.g., motivation
to rewards) actually led to more applications and a higher-
quality applicant pool.15
Third, job requirements should be expressed in terms of both
the tasks involved
and the KSAOs needed to perform those tasks. Most of the
time, it is difficult
to establish meaningful KSAOs for a job without having first
identified the job’s
tasks. KSAOs usually must be derived or inferred from
knowledge of the tasks. An
exception to this involves very basic or generic KSAOs that are
reasonably deemed
necessary for most jobs, such as literacy and oral
communication skills.
Fourth, job requirements often extend beyond task and KSAO
requirements.
For example, the job may require punctuality, good attendance,
safety toward fel-
low employees and customers, and travel. Matching an
individual to these require-
ments must also be considered when staffing the organ ization.
Travel requirements
of the job, for example, may involve assessing applicants’
availability for, and will-
ingness to accept, travel assignments. Integrating this with the
second point above,
travel issues, which frequently arise in the consulting industry,
play a role in both
the attraction pro cess (getting people to accept) and the
retention pro cess (getting
people to stay). “Road warriors,” as they are sometimes termed,
94. may first think
that frequent travel will be exciting, only to discover later that
they find it taxing.
Fi nally, the matching pro cess can yield only so much by way
of impacts on the
HR outcomes. The reason for this is that these outcomes are
influenced by factors
outside the realm of the person/job match. Retention, for
example, depends not
only on how close the match is between job rewards and
individual motivation but
also on the availability of suitable job opportunities in other
organ izations and
labor markets. As hiring begins to improve and unemployment
continues to drop,
organ izations are likely to face increased retention pressures as
other opportunities
pres ent themselves to employees due to more favorable
economic conditions.
Staffing Quality: Person/Or ga ni za tion Match
Often the organ ization seeks to determine how well the person
matches not only
the job but also the organ ization. Likewise, applicants often
assess how well they
think they will fit into the organ ization, in addition to how
well they match the spe-
cific job’s requirements and rewards. For both the organ ization
and the applicant,
then, there may be a concern with a person/or ga ni za tion
match.16
Exhibit 1.4 shows this expanded view of the match. The focal
point of staffing
95. is the person/job match, and the job is the bull’s eye of the
matching target. Four
other matching concerns involving the broader organ ization
also arise in staffing:
orga nizational values, new job duties, multiple jobs, and
future jobs.
099-67811_ch01_4P.indd 18 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 19
Orga nizational values are norms of desirable attitudes and be
hav iors for the
organ ization’s employees. Examples include honesty and
integrity, achievement
and hard work, and concern for fellow employees and
customers. Though such
values may never appear in writing, such as in a job description,
the likely match of
the applicant to them is judged during staffing. The effects of a
mismatch between
an employee and the organ ization on values can be quite
strong, given that the
mismatch tends to deplete an individual’s regulatory resources,
leading to low per-
for mance and a decreased ability to adapt.17
New job duties are tasks that may be added to the target job
over time. Organ-
izations desire new hires who will be able to successfully
perform these new duties
as they are added. In recognition of this, job descriptions often
contain the catchall
phrase “and other duties as assigned.” These other duties are
96. usually vague at the
Organizational
Values
New Job
Duties
Job
Requirements
Rewards
Multiple
Jobs
Match
Impact
HR Outcomes
Attraction
Performance
Retention
Attendance
Satisfaction
Other
Person
KSAOs
Motivation
Future
Jobs
97. EXHIBIT 1.4 Person/Organization Match
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20 PART ONE The Nature of Staffing
time of hire, and they may never materialize. Nonetheless, the
organ ization would
like to hire people it thinks could perform these new duties.
Having such people
will provide the organ ization the flexibility to complete new
tasks without having
to hire additional employees. As we will discuss later in this
book, certain types
of individuals are better than others at adapting to changing
circumstances, and
organ izations with evolving job duties are well advised to
select them.
Flexibility concerns also enter the staffing picture in terms of
hiring people
who can perform multiple jobs. Small businesses, for example,
often desire new
hires who can wear multiple hats, functioning as jacks- of- all-
trades. Organ izations
experiencing rapid growth may require new employees who can
handle several job
assignments, splitting their time among them on an as- needed
basis. Such expecta-
tions obviously require assessments of person/or ga ni za tion
fit.
Future jobs represent forward thinking by the organ izati on and
the person as to
98. which job assignments the person might assume beyond the
initial job. Here the
applicant and the organ ization are thinking of long- term
matches over the course
of transfers and promotions as the employee becomes
increasingly seasoned for
the long run. As technology and globalization cause jobs to
change at a rapid pace,
more organ izations are engaging in “opportunistic hiring,”
where an individual is
hired into a newly created job or a job that is an amalgamation
of previously dis-
tributed tasks. In such cases, person/or ga ni za tion match is
more impor tant than
person/job match.18
In each of the four concerns, the matching pro cess is expanded
to consider
requirements and rewards beyond those of the target job as it
currently exists.
Though the dividing line between person/job and person/or ga
ni za tion matching
is fuzzy, both types of matches are frequently of concern in
staffing. Ideally, the
organ ization’s staffing systems focus first and foremost on the
person/job match.
This will allow the nature of the employment relationship to be
specified and
agreed to in concrete terms. Once these terms have been
established, person/
or ga ni za tion match possibilities can be explored during the
staffing pro cess. In
this book, for simplicity’s sake, we will use the term
“person/job match” broadly to
encompass both types of matches, though most of the time we
will be referring to
99. the match with the actual job itself.
Staffing System Components
As noted, staffing encompasses managing the flows of people
into and within the
organ ization, as well as retaining them. The core staffing pro
cess has several com-
ponents that represent steps and activities that occur over the
course of these flows.
Exhibit 1.5 shows these components and the general sequence
in which they occur.
As shown in the exhibit, staffing begins with a joint interaction
between the
applicant and the organ ization. The applicant seeks the organ
ization and job oppor-
tunities within it, and the organ ization seeks applicants for job
vacancies it has or
anticipates having. Both the applicant and the organ ization are
thus “players” in
099-67811_ch01_4P.indd 20 10/3/17 8:56 AM
CHAPTER ONE Staffing Models and Strategy 21
the staffing pro cess from the very beginning, and they remain
joint participants
throughout the pro cess.
At times, the organ ization may be the dominant player, such as
in aggressive
and targeted recruiting for certain types of applicants. At other
times, the applicant
100. may be the aggressor, such as when he or she desperately seeks
employment with a
par tic u lar organ ization and will go to almost any length to
land a job with it. Most
of the time, the staffing pro cess involves a more balanced and
natu ral interplay
between the applicant and the organ ization.
The initial stage in staffing is recruitment, which involves
identification and
attraction activities by both the organ ization and the applicant.
The organ ization
seeks to identify and attract individuals so that they become job
applicants. Activi-
ties such as advertising, job fairs, use of recruiters, preparation
and distribution of
informational brochures, and “putting out the word” about
vacancies among its
own employees are undertaken by the organ ization. The
applicant identifies organ-
izations with job opportunities by reading advertisements,
contacting an employ-
ment agency, mass mailing résumés to employers, and so forth.
These activities are
accompanied by attempts to make one’s qualifications (KSAOs
and motivation)
attractive to organ izations, such as by applying in person for a
job or preparing
a carefully constructed résumé that highlights significant skills
and experiences.
Organization
( job)
Employment
( decision making and final match)
101. Selection
( assessment and evaluation)
Recruitment
( identification and attraction)
Applicant
( person)
EXHIBIT 1.5 Staffing System Components
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22 PART ONE The Nature of Staffing
Gradually, recruitment activities phase into the se lection stage
and its accom-
panying activities. Now, the emphasis is on assessment and
evaluation. For the
organ ization, this means the use of vari ous se lection
techniques (interviews, appli-
cation blanks, and so on) to assess applicant KSAOs and
motivation. Data from
these assessments are then evaluated against job requirements
to determine the
likely degree of person/job match. At the same time, the
applicant is assessing and
evaluating the job and organ ization on the basis of the
information gathered from
orga nizational representatives (e.g., recruiter, man ag er with
the vacancy, and other
employees), written information (e.g., brochures, employee
handbook), informal