Legal and Ethical Responsibility

Step 7: Legal and Ethical Responsibility

You are concerned about the question of Sal Pending’s role in this situation with Enoch Thompson. More specifically, you wonder whether Pending had the authority to make the promise he made (or any promises) to Thompson. Review the legal responsibilities of agents and employees to help formulate your answer. You should also review ethical business decision making, as it pertains to keeping promises in business situations. In the next step, you will use what you have learned to create an outline that will prepare you to write the memo.

Step 8: Focus on Your Rationale and Conclusions: Create Your Outline

You’ve finished your research. You’ve reflected on how the facts and the law come together in this situation. You’ve analyzed the possible arguments and determined which seem most reasonable, all things considered. Now it is time to formulate them, making sure to address all the concerns that your VP expressed to you when you met. Outline the memo that you will draft for your VP. Review your outline to make certain it covers all relevant points and progresses in a logical order.

After you finish your outline, if you have time, give yourself one night of sleep before you begin the next step, in which you will write the memo. Fresh eyes might help you see points that need revision.

Step 9: Communicate Your Findings and Conclusions to the HR VP: Create Your Memo

First, review how to write a memo. Once you have a sense of memos in general, use your outline and research notes to prepare your memo for the VP. Be sure to meet the following requirements:

· Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.

· Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.

· Support your conclusion with references to legal principles and laws.

· The memo should be 12 pages (double spaced, 12-point font; the reference list does not count towards page limit).

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· Step 10: Case Three: Big Brain Solutions—Arbitration or Litigation?

· You have made recommendations on two cases so far and have one more case to go. After setting aside a few hours to work, you open the Big Brain Solutions case file. In the next step, you will gather the information you need to write a memo for the VP about this case.

Step 11: Gather and Analyze the Information

While you have some general awareness of the fact that there are means of alternative dispute resolution, you realize that you need to know a lot more about this subject before you can attempt to respond to the VP’s questions. Some of the topics you should review include the following:

· What general procedures or rules govern a typical arbitration proceeding?

· Can a company force an employee to use arbitration (instead of a lawsuit) to settle an employment-related dispute because of a contract provision?

· Are there times when an arbitration clause might be invalid or unenforceable against an employee?

· What effect do claims based on specific federal or state laws have on arbitration provisions in employment contracts?

Based on the answers to the above questions and your review of the employment law material, what will the likely outcome be in Liz’s case? In Ralph’s? In the next step, you will use the information gathered in this step to create an outline that will prepare you to write the memo.

Step 12: Focus on Your Rationale and Conclusions: Create Your Outline

You’ve finished your research. You’ve reflected on how the facts and the law come together in this situation. You’ve analyzed the possible arguments and determined reasonable conclusions to the questions you’ve asked yourself. Now it’s time to outline your memo.

Review your outline to make certain it covers all relevant points and progresses in a logical order. Identify the major points you want to make and be sure that you have adequately covered all the relevant arguments or reasons needed to support them. In the next step, you will use your outline to create a memo for the VP.

Step 13: Communicate Your Findings and Conclusions to the Vice President: Create Your Memo

Using your outline and research notes, write a memo for the VP. Be sure to meet the following requirements:

· Format your memo following the example linked above, including APA-formatted in-text citations and an APA-formatted reference list (do not format the body of the memo using APA style, just the reference list). See references and citations for details.

· Include a specific recommendation on what action, if any, the VP should take based on your analysis and conclusions.

· Support your conclusion with references to legal principles and laws.

· The memo should be 12 pages (double spaced, 12-point font; the reference list does not count towards page limit).

 

Step 14: Submit Your Green Machine, Inc. PowerPoint, White Arch Casino Memo, and Big Brain Solutions Memo

 

Before you submit your assignment, review the competencies below, which your instructor will use to evaluate your work. A good practice would be to use each competency as a self-check to confirm you have incorporated all of them in your work.

· 1.6: Follow conventions of Standard Written English.

· 1.7: Create neat and professional looking documents appropriate for the project or presentation.

· 1.8: Create clear oral messages.

· 2.1: Identify and clearly explain the issue, question, or problem under critical consideration.

· 2.3: Evaluate the information in a logical and organized manner to determine its value and relevance to the problem.

· 5.1: Develop constructive resolutions for ethical dilemmas based on application of ethical theories, principles, and models

· 7.2: Analyze the implications of contract law and make recommendations to support business decisions

· 7.3: Analyze the implications of civil or criminal wrongs and of product or service liability laws and make recommendations to support business decisions

· 7.5: Analyze the utility of various forms of dispute resolution and make recommendations to support business decisions

· 9.3: Apply the principles of employment law for ethical practices and risk mitigation