BLAW DQs
Introductions
9/3/2012
My name is Candice Markham. I am a product manager for an e-learning company. I am obtaining my masters in Educational Technology. My career requires knowledge in advanced instructional design and business practices. Part of my job requires me to review contracts daily. I am taking this course as an elective because I believe it will increase my job performance and extend my body of legal knowledge.
Unit 1
9/4/2012
Have Internet chat rooms and online forums affected corporate decision makers’ willingness to consider the community and public interest when making choices? Are corporate decision makers more apt to make ethical choices in the cyber age? Explain.
My answer to this question is derived from the industry I am working in, e-learning. Everything we do is online. Our target audiences are learners who wish to start, continue, and complete their educational goals through online courses. Negative comments though websites such as GlassDoor and the Better Business Bureau’s online consumer protection portal make it easier for consumers to express their concerns or praises regarding products. Websites and forums like these require that we take into consideration what our consumers are saying about a product. If a consumer perceives business practices as “unethical” it ultimately can and will affect the business “bottom line”.
Reply – Vanessa Sifuentes
I think one strong point you bring up is that the decision was not necessarily an ethical one, but instead fueled by the “customer revolt”. It may have been a financial verses ethical decision. Was the cost of the customers they could possibly loose greater than the profit they would receive by the increase in bank charges? I do not know all of the facts on why the decision was made, but no matter they changed their minds because of the feedback they received from the consumer.
Reply – Melissa Lopez
I do agree that technological advancements have made it easier to get instant feedback regarding the reputation of a business or product. As an executive, other factors should be taken into consideration. Where are the forums being reviewed, a social media site, consumer survey, and a company discussion board verses an external discussion board owned by a third party? We learn in early marketing courses that consumers are more likely to complain then to compliment. The considerations of the consumer through these online forums and websites should not be taken likely, but a statistical application should be applied to the finding before any corporations makes a key business decision based solely on the feedback of a percentage of its consumers.
Legal Brainstorming
Employee Pay Change
DMC Marketing is a Texas based business specializing in outsourced marketing services for businesses. They employ over 300 individuals who work in their corporate office in Houston and remote home office locations throughout the United States. One of their employees responsible for the email marketing campaign was approached by the Human Resources manager and told their salary would be reduced by $7500 a year beginning April 1st. The employee continued to work through May 15th of that year and resigned their position as of that date. The employee, currently residing in California, filed suit in the state of Texas against DMC Marketing. How should your company respond?
Responses
Sarah Corona
Plant-n-Grow have:
Other suites filed against them by other organizations.
Marketing and advertising materials which now include warnings regarding HEBX-1000.
Samuel Willet
Weyland-Yutani Corp has:
a patent on the production of the seed.
a patent on the production of the reversed engineered seed.
9/23/12
Discussion Question Unit 2
Should U. S. firms doing business internationally send female employees to foreign nations that reject any role for women in business? Why or why not? How can a U. S. company accommodate the culture of foreign nations and still treat its own employees equally?
No. My answer may sound antiquated to some but it is based in simple logic. The goal of any business is to advance either through profit or product. Any act that does not aid in reaching this goal is counterproductive to the organization. I believe that battles regarding gender equality should be fought outside of the “conference room”. Until 1964 the same gender equality issues women face in foreign countries were here in the United States (and for years after). I believe a U.S. company that accommodates the culture of a foreign nation to move forward in business negotiations is able to treat their employee equally without making any negotiations stagnant. As long as the reason for the inequality is related to the other nations rules and laws. The U.S. business needs to determine if it is worth having a relationship with a country that would not take a relationship with any of their staff seriously. The female employee needs to determine if it is worth being employed by a business that would create relationships with nations that would not treat them as equals. The business has a responsibility of profit. The employee has a responsibility to themselves regarding this matter.
Responses:
Tina Trivino
Tina, I agree with your response. It is important that the business review the culture of the countries they are considering doing business in and evaluate this against the needs of the organization. Considering which jobs each employee is best suited for is a good way for any organization to maintain as much consideration for each employees role and how they work towards the business meeting their ultimate goal, profitability. The focus on the employee’s comfort level is also important in any type of negotiation. If the employee feels there is an obvious discomfort due to their presence, any hope of a positive outcome continues to dwindle.
. Sonja Corneo
Sonja, I disagree with the first part of your statement and agree with the last half. To address the first, I do not believe any business should have the expectation that another country will follow their moral standard. I do believe that a mutual respect for laws should be in place but if your answer is based on the moral obligation of the business I have to disagree. The second part of your reply addresses slowly introducing the concept during initial negations. My assumption is that women are not a part of these discussions if the business is introducing the concept. If my assumption is correct then you and I agree that we should put the needs of the business before our moral obligation to the employee.
Unit 3
Employers often include covenants not to compete in employment contracts to protect their trade secrets. What effect, if any, will the growth in e-commerce have on the reasonability of covenants not to compete?
I have signed a non-compete agreement with my last two employers. Both said the same thing, “just sign it, they are unenforceable in Texas”. My question is why have us sign them? I work in e-learning so in turn my world is surrounded by ecommerce. I am also a remote employee in a specialized and incestuous industry. I find it strange and unrealistic to expect anyone in my industry not to work for the competition at one point or another in their career. The employee should not share secrets from past employers but should still be able to be a positive influence within their work environment.
Hermilo Pena
I too see the diminishment of the non-compete clause. It will become more difficult for an employer to enforce these clauses, especially with remote employees. I think the focus should be on the trade secrets and not the geographic location of the employee or the perceived competitor they choose to work with.
Samuel Willett
I see your point but do you really think covenants will survive over the next generation? I think because of my background in e-learning, ecommerce, and being a remote employee I find it difficult to see my current employer trying to enforce a non-compete with me.
Unit 4
Do you agree that when a corporation is approaching insolvency, the directors’ fiduciary obligations should extend to the corporation’s creditors as well as to the shareholders? In this situation, should the fiduciary duties owed to creditors take priority over the duties to shareholders? Why or why not?
I think it is best to consider all groups equally in the best of circumstances. The creditors are financially responsible for debt incurred by the insolved corporation which should allow them to collect as the shareholders would. When I use the word responsible I am referring to the fact that if the debt is not repaid to the creditors, the creditors are being held to the corporation’s financial responsibility.
Responses
Claudia Garza-Alvarez
The reason behind your response is solid and makes logical and moral sense. As an investor you are taking a gamble and there is no guarantee. The logic you use and references to the investors gains and losses is a solid reason for believing that the creditors should be paid as the stockholders if not before.
Vanessa Fuentes
I do not necessarily agree that the creditors’ repayment should be placed after the needs of the shareholders. I agree that there should be increased remedies for creditors to make lending more attractive.
Unit 5
Should the law prohibit discrimination against transgender persons? Why or why not?
The law should identify with the gender the person identifies with and has been registered as on all employment paperwork, if this question is in reference to employment law. I believe the spirit of the law is to discourage discrimination of any being based on gender. Though the intent at the time did not capture the sexual orientation of the transgender population, it is has now become more recognized and therefore the law should follow suit.
Responses:
Shawn Miller
I too questioned the meaning behind the question. My answer strictly related to the example given in the text and the lack of the law specifically recognizing “trans” as a gender. (i.e. male or female)
Perla Martinez
I think we all agree on this subject. The original intent of the law may not have included the transgendered but as time has moved on the government should recognize this group of individuals.