What should the court decide? Why? > Background check is very important before hiring an employee because it presents the potential liability of employers for the harmful acts of the people they hire. Employers are generally responsible for the actions of their agents so they should avoid negligent hiring. If an employer fails to meet its duty to conduct an adequate background check and hires an unfit employee who uses his or her position to inflict harm on others, that employer may be liable for negligent hiring.
Many times companies break accounting procedures and falsify their financial statements in order to please both internal and external users. Even though this is a violation of the SOX act of 2002, corporations still chose to engage in these activities. The final thing we learned about is the ethical decisions made behind financial reporting. The AICPA Code of Professional Conduct was put in place to make sure companies have a standard to follow when creating financial statements. Legality Financial reporting activities and standards Earnings management has been used as the manipulation of the current standard of financial reporting established by G.A.A.P.
Describe how professional values and ethics can influence career success: As previously defined professional ethics are a moral value one takes in the specialized knowledge of their business which can discern over time. Most business owners are generally in dispute with moral obligations and ethical conduct in the work place environment. For instance, some business owners may have clients that receive special benefits or items that they can sometimes bribe or use to their advantage. This is both ethically and morally wrong. Although it would appear wise to accept gifts or provide gifts to another company to earn their business you are in fact interfering with normal business practices and in most companies can be a reason for termination for such actions.
BUSN 513 Case Study 2 Case Study 2 – SK Hynix 1. Within the SK Hynix case, three arguments – property, fair competition and confidentiality – come into play. The first argument is that trade secrets are property and would have belonged to Toshiba/Sandisk as intellectual property; that the research data on the cutting edge NAND-type flash memory was a direct result of Toshiba’s labor and thus belonged to the company. Boatright clarifies further in the text by saying, “it would be wrong for a worker in the factory to disclose the details of a manufacturing process to a competitor, especially if the employee had been sworn to secrecy”; however, Boatright also says that ownership of a trade secret doesn’t confer a right to exclusive use but only the right to have the secret wrongfully acquired by others. In the case of Wexler vs Greenberg, we found that the owner of a trade secret is protected against the use of the information by others when it is wrongfully obtained by impermissible means (like theft).
If a company fails to implement this strategy there the disaster happens. While implementing this strategy the employees must be treated equally according to their level of performance if, the employee feels it is an unfair treatment the reward system will be tricky (Holmes and Carvalho et al., 2 August 2010, p. 2). During technology blooming decade 1990S, Microsoft gave the opportunity for its employees to own and make huge sum of money. But when technology crash happened in the 2000 and share values went down, Microsoft had to revaluate the strategy. In 2006 Microsoft system came into action.
Seminar 3 Negligent Misstatement (Summative) Hedley Byrne & Co Ltd v Heller & Partners Ltd [1963] 2 All ER 575 Whether and under what conditions a person can recover damages for loss suffered by reason of his having relied on an innocent but negligent misrepresentation. Hedley [the appellants] were advertising agency who had made some advertising work for Easipower. Hedley was responsible for any amount which was not paid by Easipower since they have to pay for advertising orders. Later on Hedley became curious about a financial position of Easipower to afford another advertising which Hedley may give them on credit. The bank of Easipower [the defendant] gave a report of Easipowers financial position that they have enough resources for ordinary business proceedings, but stated that the report was given "without responsibility."
We believe that both the employee and the employer were unethical in this case because it illustrates a degree of moral intensity. The employee had a due diligence to the employer and should have brought his concerns to higher management instead of blogging it on a low profile under a false name. The employer had a due diligence to the employee and should have expressed their concern to the employee. The employer could of asked the employee if he could have deleted the blog or edit it so that the name of the employer was not mentioned. The degree of harm that could have happened to the company was not justified because when a search was made in an Internet search and the blog was not easily accessible in the public domain and this does not give the employer the just cause for termination of the employee.
Unfair Contract Act and Consumer rights It's well known that Unfair Contract Act purports to protect the weaker part in the contract who find himself is compelled to accept certain unfair terms by which he may harmed and loses his right such as excluding /restricting liability for negligence that attributable to his opponent “dominator Party”. The most type of companies, that use such sort of contracts, are the trading companies that dealing in selling Goods to consumers in its day-to-day deals, also we may find some sort of companies that hiring labours are using such type of contracts with a labour find himself forcibly signs the contract of hiring without fully recognizing its contents. we can imagine one of the companies that wish to enter into a contract with consumer to sell some goods, , and place in the contract that “THE SOLD GOODS SHALL BE NEITHER REPLACED NOR REFUNDED’” . By incorporating such term, the company didn’t achieved the minimally tolerable of reasonableness. Since the company excludes liability for manufacturer defects to the product and prejudiced to consumer rights to refund or even replace the product whereupon, If a consumer believes that this term of the contract being an unfair term he can complain to the Office of Fair Trading (OFT) or to one of several consumer-related organizations that can act against unfair consumer contracts.
Employees have the same opportunity to perform unethical accounting activities as the top executives. If an employee fears getting fired for making a mistake with the accounting transactions, the employee may decide to make adjustments to hide the mistake. This mistake could result in large amounts of money either gained or lost to the shareholders and the organizational could take disciplinary action to correct the problem. Another reason that employees could make unethical decisions with the accounting practice is for sabotage. If an employee becomes frustrated or feels the need to retaliate
The Third Coast Auto Group, LP may have been unintentional but took careless actions that became their responsibility. Third Coast Auto Group also known as TCAG was negligent in keeping their guard dog restrained while work hours putting his employees, and customers and nay other individual at actual harm. In the tort of negligence there are three possible things that need to be proven in order to succeed. VanHouten has to prove that the defendant owed a duty of care, secondly that the defendant breaks that duty of care within the standard of care required by law, and finally breach of duty of care results in damages to the plaintiff. In this case of Kelly Kanton Labaj and Third Coast Auto Group, LP VS Deeann VanHouten the defendants were liable for her injuries because they knew or should have known of the dog’s dangerous and vicious propensities.