Questionssignment 1: Employment-At-Will Doctrine

01 May Questionssignment 1: Employment-At-Will Doctrine

Question
ssignment 1: Employment-At-Will Doctrine
Due Week 4 and worth 150 points

Imagine you are a recently-hired Chief Operating Officer (COO) in a midsize company preparing for an Initial Public Offering (IPO). You quickly discover multiple personnel problems that require your immediate attention.

John posted a rant on his Facebook page in which he criticized the company’s most important customer.
Jim sent an email to other salespeople protesting a change in commission schedules and bonuses and suggesting everyone boycott the next sales meeting.
Ellen started a blog to protest the CEO’s bonus, noting that no one below director has gotten a raise in two (2) years and portraying her bosses as “know-nothings” and “out-of-touch”
Bill has been using his company-issued BlackBerry to run his own business on the side.
The secretaries in the accounting department decided to dress in black-and-white stripes to protest a memo announcing that the company has installed keylogger software on all company computers.
After being disciplined for criticizing a customer in an email (sent from his personal email account on a company computer), Joe threatens to sue the company for invasion of privacy.
One of the department supervisors requests your approval to fire his secretary for insubordination. Since the secretary has always received glowing reviews, you call her into your office and determine that she has refused to prepare false expense reports for her boss.
Anna’s boss refused to sign her leave request for jury duty and now wants to fire her for being absent without permission.
As an astute manager, you will need to analyze the employment-at-will doctrine and determine what, if any, exceptions and liabilities exist before taking any action. As you proceed with your investigation, you discover the company has no whistleblower policy.

Write a four to five (4-5) page paper in which you:

Summarize the employment-at-will doctrine and evaluate each of the eight (8) scenarios described by determining:
Whether you can legally fire the employee; include an assessment of any pertinent exceptions to the employment-at-will doctrine.
What action you should take to limit liability and impact on operations; specify which ethical theory best supports your decision.
Take a position on whether or not you would recommend to the Chief Executive Officer (CEO) that the company adopt a whistleblower policy. Support the position.
Justify at least three (3) fundamental items that should be included in a whistleblower policy. Provide a rationale for your selection of each of the three (3) recommended items.
Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:

Apply the concepts of freedom versus responsibility and ethical decision making.
Compare the legal concepts of corporate governance with the ethics of corporate social responsibility.
Analyze and evaluate the employment-at-will doctrine and exceptions, as well as the protections afforded whistleblowers.
Explore the legal and ethical issues surrounding employee and consumer privacy.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Click the link above to submit your assignment.

Students, please view the “Submit a Clickable Rubric Assignment” in the Student Center.

Instructors, training on how to grade is within the Instructor Center.

Assignment 2: Ethics and Corporate Responsibility in the Workplace and the World
Due Week 7 and worth 250 points

PharmaCARE (We CARE about YOUR health®) is one of the world’s most successful pharmaceutical companies, enjoying a reputation as a caring, ethical and well-run company that produced high-quality products that saved millions of lives and enhanced the quality of life for millions of others. The company offers free and discounted drugs to low-income consumers, has a foundation that sponsors healthcare educational programs and scholarships, and its CEO serves on the PhRMA board. PharmaCARE recently launched a new initiative, We CARE about YOUR world®, pledging its commitment to the environment through recycling, packaging changes and other green initiatives, despite the fact that the company’s lobbying efforts and PAC have successfully defeated environmental laws and regulations, including extension of the Superfund tax, which was created by Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

Based in New Jersey, PharmaCARE maintains a large manufacturing facility in the African nation of Colberia, where the company has found several “healers” eager to freely share information about indigenous cures and an abundance of Colberians willing to work for $1.00 a day, harvesting plants by walking five (5) miles into and out of the jungle carrying baskets that, when full, weigh up to fifty (50) pounds. Due to the low standard of living in Colberia, much of the population lives in primitive huts with no electricity or running water. PharmaCARE’s executives, however, live in a luxury compound, complete with a swimming pool, tennis courts, and a golf course. PharmaCARE’s extensive activities in Colberia have destroyed habitat and endangered native species.

Two (2) years ago, after PharmaCARE’s research indicated that one of its top-selling diabetes drugs might slow the progression of Alzheimer’s disease, its pharmacists began reformulating that drug to maximize the effect. In order to avoid FDA scrutiny, PharmaCARE established a wholly-owned subsidiary, CompCARE, to operate as a compounding pharmacy to sell the new formulation to individuals on a prescription basis. CompCARE set up shop in a suburban office park near its parent’s headquarters, and to conserve money and time, did a quick, low-cost renovation and designated Allen Jones to run the operation’s “clean room.”

CompCARE benefited from PharmaCARE’s reputation, databases, networks, and sales and marketing expertise, and within six (6) months had the medical community buzzing about AD23. Demand soared, particularly among Medicare, Medicaid, and VA patients. Seeing the opportunity to realize even more profit, CompCARE began advertising its services and the availability of AD23 to consumers and marketing the drug directly to hospitals, clinics, and physician offices, even though compounding pharmacies are not supposed to sell drugs in bulk for general use. To get around this technicality, CompCARE encouraged doctors to fax in lists of bogus patient names.

As production increased and hours were extended, one of Allen’s techs pointed out what appeared to be mold around the air vents. Allen immediately contacted the facilities’ supervisor, who came over to inspect the lab. As time went on, workers began coughing, sneezing, and getting headaches at work, and one employee, Donna, who had a perfect attendance record, got so sick she could no longer come to work due to chronic bronchial problems. Eventually, she filed for worker’s compensation. Allen’s best supervisor, Tom, threatened to complain to OSHA about the air quality in the lab, and one of the techs, Ayesha, filed an EEOC complaint alleging she had not been promoted to supervisor because she was a Muslim; in fact, although Ayesha was a very good worker, Allen did not believe she had the management or people skills necessary to be a good supervisor. Allen discussed these issues with his boss, the Director of Operations, who told Allen that if he wants to keep his job and receive his promised bonus, he needs to fire Donna, Tom, and Ayesha, and keep his own mouth shut about the mold and the bogus prescriptions.

As CompCARE and its parent company enjoyed record profits and PharmaCARE’s stock price approached $300 per share, reports started filtering in that people who received AD23 seemed to be suffering heart attacks at an alarming rate. The company ignored this data and continued filling large orders and paid huge bonuses to all the executives and managers, including Allen, who, after being named “Employee of the Year,” was beginning to miss production schedules due not only to his staff’s increasing use of sick leave, but also his own health issues.

PharmaCARE sold CompCARE to WellCo, a large drugstore chain, just weeks before AD23 was publicly linked to over 200 cardiac deaths. Both PharmaCARE and WellCo saw their stock price plummet.

Write a six to eight (6-8) page paper in which you:

Determine all the stakeholders in this scenario.
Analyze the ethics of PharmaCARE’s treatment of the Colberia’s indigenous population and its rank-and-file workers versus that of its executives.
Determine whether Allen could legally fire each of the three (3) workers—Donna, Tom, and Ayesha. Suggest steps he should take to minimize the risks to his department and the company.
Determine the whistleblowing opportunities, obligations, and protections that could benefit Allen. Explain why and how Allen would benefit.
Assess PharmaCARE’s environmental initiative against the backdrop of its anti-environmental lobbying efforts and Colberian activities. Examine if this renders the company’s purported environmental stewardship better or worse and if the company’s public stance should carry an obligation to be a leader in environmental matters. Support the position.
Analyze the original purposes of and the changes to Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Determine which provision(s) of CERCLA apply to PharmaCARE in the scenario provided. Support the response.
Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements:

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:

Analyze and evaluate laws that protect against discrimination in the workplace.
Examine and assess employee rights to health and safety in the workplace.
Analyze environmental protection laws and assess their impact on organizations.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

Assignment 3: Legal and Ethical Considerations in Marketing, Product Safety, and Intellectual Property
Due Week 10 and worth 300 points

Review the PharmaCARE/CompCARE scenario in Assignment 2 to complete this assignment.

Write a ten to twelve (10-12) page paper in which you:

Research three to five (3-5) ethical issues relating to marketing and advertising, intellectual property, and regulation of product safety.
Argue for or against Direct-to-Consumer (DTC) marketing by drug companies.
Determine who regulates compounding pharmacies under the current regulatory scheme, what the Food and Drug Administration (FDA) could / should have done in this scenario, and whether the FDA should be granted more power over compounding pharmacies.
Decide whether PharmaCARE’s use of Colberian intellectual property would be ethical in accordance with:
Utilitarianism
Deontology
Virtue ethics
Ethics of care
Your own moral / ethical compass
Analyze the way PharmaCARE uses U.S. law to protect its own intellectual property while co-opting intellectual property in Colberia.
Suggest at least three (3) ways the company could compensate the people and nation of Colberia for the use of its intellectual property and the damage to its environment.
Compare PharmaCARE’s actions with those of at least one (1) real-world company whose creativity in skirting legal technicalities led to ethical lapses and financial loss.
Determine the success PharmaCARE and WellCo shareholders would have in suits against the companies.
Determine whether or not PharmaCARE lives up to its brand. Support the response.
Recommend at least three (3) changes PharmaCARE can make to be more ethical going forward.
Use at least three (3) quality resources in this assignment. Note: Wikipedia is not an acceptable reference and proprietary Websites do not qualify as academic resources.
Your assignment must follow these formatting requirements

Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions.
Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
The specific course learning outcomes associated with this assignment are:

Analyze and assess legal and ethical restraints on marketing and advertising, relative to both consumers and organizations.
Analyze and evaluate laws and regulations relative to product safety and liability.
Explore copyright laws and intellectual property rights and assess how well they balance competing interests.
Use technology and information resources to research issues in law, ethics, and corporate governance.
Write clearly and concisely about law, ethics, and corporate governance using proper writing mechanics.

midterm

•

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Answer

• Question 2

4 out of 4 points

Assuming a business ethical dilemma, which statement best illustrates Gilligan approach suggested in her theory of “The Ethics of Care”?

Answer

• Question 3

0 out of 4 points

Select the best definition of ethics:

Answer

• Question 4

0 out of 4 points

The Ethic of Care is

Answer

• Question 5

0 out of 4 points

The best example of a source for virtue ethics for a business is

Answer

• Question 6

0 out of 4 points

Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

Answer

• Question 7

4 out of 4 points

All of the following are considered exceptions to the general rule that there is no duty to rescue except:

Answer

• Question 8

4 out of 4 points

Select the best definition of whistleblower:

Answer\

• Question 9

0 out of 4 points

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

Answer

• Question 10

4 out of 4 points

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

Answer

• Question 11

4 out of 4 points

The Constitution does not always protect free-speech rights for what public employees say on the job. Which of the following is true?

Answer

• Question 12

4 out of 4 points

There are several reasons why whistleblowing may not be protected on an international level. These include:

Answer

• Question 13

4 out of 4 points

The Sarbanes Oxley Act was passed in response to:

I. concerns that investors received full and complete information about potential corporate fraud

II. a lack of investor confidence

III. corporate scandals like Enron

IV. discrimination against an employee when providing information she reasonably believes constitutes a violation of federal security laws

Answer

• Question 14

0 out of 4 points

The most recent major privacy law passed by Congress was the

Answer

• Question 15

4 out of 4 points

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include:

Answer

• Question 16

4 out of 4 points

A majority of states have enacted “lifestyle rights laws” that protect workers’ off-duty activities including cases of smoking, cohabitation, drinking. and single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

Answer

• Question 17

4 out of 4 points

The United States Constitution, Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Privacy rights are triggered under the Fourth Amendment:

Answer

• Question 18

0 out of 4 points

One reason employers use to justify giving honesty or integrity tests is:

Answer

• Question 19

0 out of 4 points

As Facebook and other social media sites grow in users and popularity

Answer

• Question 20

4 out of 4 points

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

Answer

• Question 21

0 out of 4 points

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?

Answer

• Question 22

4 out of 4 points

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

Answer

• Question 23

4 out of 4 points

A mayor serving in a major metropolitan area receives an internal memorandum indicating personnel at many police stations are single-race. At the time of the report, thirty percent of the police force was black or Hispanic. She immediately calls a press conference and orders transfer of police officers to achieve racial balance across the city. The transferred police offers sue on constitutional grounds. Assuming just these facts, what is the strongest argument that might be advanced by the transferred officers based on constitutional grounds?

Answer

• Question 24

0 out of 4 points

Equal protection is the constitutional guarantee:

Answer

• Question 25

0 out of 4 points

John Smith was assaulted on the loading dock by a coworker, Jim Jones, at the Acme Widget Company. The attack was unprovoked by Smith. After the physical assault, there was an angry verbal exchange between the parties. The incident ended when Jones yelled that Smith was a “sissy” and “everybody knows you’re queer as a three dollar bill.” Which of the following statements best describes the outcome of the harassment lawsuit filed by Smith under The Civil Right Act of 1964?

I. Sex discrimination is prohibited by federal law (The Civil Right Act of 1964).

II. Sexual orientation discrimination is prohibited by federal law (The Civil Right Act of 1964).

III. Suits based on harassment due to sexual orientation cannot prevail when based on local or state laws.

IV. Sexual orientation discrimination is not prohibited by federal law (Title VII).

Answer

final part 1 and 2

All of the following are considered exceptions to the general rule that there is no duty to rescue except:

Answer

• Question 2

4 out of 4 points

Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

Answer

• Question 3

4 out of 4 points

Select the best definition of ethics:

Answer

• Question 4

4 out of 4 points

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Answer

• Question 5

4 out of 4 points

The Ethic of Care is

Answer

• Question 6

4 out of 4 points

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

I. wearing a shirt that clashes with her suit

II. any non-discriminatory reason

III. complaining about illegal activity in the workplace

IV. only for good cause

Answer

• Question 7

4 out of 4 points

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

Answer

• Question 8

4 out of 4 points

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

Answer

• Question 9

4 out of 4 points

Exceptions to the rule of employment-at-will include which of the following?

I. organization of unions

II. passage of Sarbanes Oxley Act

III. raising of public policy issues

IV. promise of implied-contract or covenant-of-good-faith

Answer

• Question 10

4 out of 4 points

There are several reasons why whistleblowing may not be protected on an international level. These include:

Answer

• Question 11

4 out of 4 points

A majority of states have enacted “lifestyle rights laws” that protect workers’ off-duty activities including cases of smoking, cohabitation, drinking. and single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

Answer

• Question 12

4 out of 4 points

One reason employers use to justify giving honesty or integrity tests is:

Answer

• Question 13

4 out of 4 points

The United States Constitution, Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Privacy rights are triggered under the Fourth Amendment:

Answer

• Question 14

4 out of 4 points

The Electronic Communications Privacy Act of 1986 (ECPA):

Answer

• Question 15

4 out of 4 points

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include:

Answer

• Question 16

4 out of 4 points

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?

Answer

• Question 17

4 out of 4 points

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Answer

• Question 18

4 out of 4 points

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

Answer

• Question 19

4 out of 4 points

Equal protection is the constitutional guarantee:

Answer

• Question 20

4 out of 4 points

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

Answer

• Question 21

4 out of 4 points

According to the court in the World Trade Center, the Fifth Amendment Substantive Due Process clause has all of the following meanings except:

Answer

• Question 22

4 out of 4 points

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

Answer

• Question 23

4 out of 4 points

With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.

Answer

• Question 24

4 out of 4 points

One example of modern day slavery, as discussed in the interview with Kevin Bales, is:

Answer

• Question 25

4 out of 4 points

Typically individual stockholders are not held responsible for the actions of a corporation. Exceptions usually relate to comingling of funds, underinsuring, or similar actions by the corporate leadership. This is called:

Answer

• Final part 2

•

•

•

• 1

All of the following are considered exceptions to the general rule that there is no duty to rescue except:

Answer

• Question 2

4 out of 4 points

Which of the following statements is INCORRECT regarding the rights of shareholders?

I. voting power on major issues and ownership in a portion of the company

II. right to transfer ownership and dividend entitlement

III. hire and fire management and select and appoint a chief executive

Answer

• Question 3

4 out of 4 points

Select the best definition of ethics:

Answer

• Question 4

4 out of 4 points

Which of the following views on outsourcing would be consistent with the free market ethics approach advocated by Milton Friedman?

Answer

• Question 5

4 out of 4 points

The Ethic of Care is

Answer

• Question 6

4 out of 4 points

Under the legal doctrine of “employment at will” an employee can be lawfully terminated from her job for:

I. wearing a shirt that clashes with her suit

II. any non-discriminatory reason

III. complaining about illegal activity in the workplace

IV. only for good cause

Answer

• Question 7

4 out of 4 points

To determine whether a public employee receives First Amendment protection from speech (and therefore cannot be fired for it), the Supreme Court has stated that all of the following are important except:

Answer

• Question 8

4 out of 4 points

In the essay, Work Matters, by law professor Marion Crain, all of the following are the result of working except:

Answer

• Question 9

4 out of 4 points

Exceptions to the rule of employment-at-will include which of the following?

I. organization of unions

II. passage of Sarbanes Oxley Act

III. raising of public policy issues

IV. promise of implied-contract or covenant-of-good-faith

Answer

• Question 10

4 out of 4 points

There are several reasons why whistleblowing may not be protected on an international level. These include:

Answer

• Question 11

4 out of 4 points

A majority of states have enacted “lifestyle rights laws” that protect workers’ off-duty activities including cases of smoking, cohabitation, drinking. and single parenthood. What is the least effective argument by an employer to regulate off-the-clock activities in a state that has not enacted such lifestyle rights legislation?

Answer

• Question 12

4 out of 4 points

One reason employers use to justify giving honesty or integrity tests is:

Answer

• Question 13

4 out of 4 points

The United States Constitution, Fourth Amendment provides “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated… ” Privacy rights are triggered under the Fourth Amendment:

Answer

• Question 14

4 out of 4 points

The Electronic Communications Privacy Act of 1986 (ECPA):

Answer

• Question 15

4 out of 4 points

According to the article excerpted in the text entitled, The Functions of Privacy, by Alan Westin, privacy has several functions in today’s society. These include:

Answer

• Question 16

4 out of 4 points

Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on race, color, religion, sex, or national origin. Which of the following federal government agencies is charged with enforcing this statute?

Answer

• Question 17

4 out of 4 points

To establish a prima facie case of religious discrimination, the employee has to show all of the following except which one:

Answer

• Question 18

4 out of 4 points

Employment practices without business justification applied to all employees that result in a less favorable effect for one group than for another group may state a claim for:

Answer

• Question 19

4 out of 4 points

Equal protection is the constitutional guarantee:

Answer

• Question 20

4 out of 4 points

All of the following are true statements regarding the Family and Medical Leave Act (FMLA, 29 U.S.C. §§ 2601, et seq.), EXCEPT which of the following?

Answer

• Question 21

4 out of 4 points

According to the court in the World Trade Center, the Fifth Amendment Substantive Due Process clause has all of the following meanings except:

Answer

• Question 22

4 out of 4 points

Employers have __________ been held criminally responsible for workplace injuries and deaths to workers.

Answer

• Question 23

4 out of 4 points

With the adoption of the ____________, the U.S. began to address the need to prevent, or minimize, workplace accidents and health hazards.

Answer

• Question 24

4 out of 4 points

One example of modern day slavery, as discussed in the interview with Kevin Bales, is:

Answer

• Question 25

4 out of 4 points

Typically individual stockholders are not held responsible for the actions of a corporation. Exceptions usually relate to comingling of funds, underinsuring, or similar actions by the corporate leadership. This is called:

Answer