Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future).

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The reading assignments will help you gain an introduction to the legal system and the law. You can not understand how law comes into play within the business environment without understanding the fundamentals of the law itself. The legal system is defined as a politically motivated system in which all people within the system are required to follow the rules (what we call the law) and if those rules are violated, those same people are answerable to the system of courts which apply the law. (Barnes, 2008, p. 3). Further, we can define law as a set of principles, rules, standards of conduct that

1.    Have general application in society

2.    Were developed by a legitimate authority (typically the government)

3.    Trigger penalties when those rules are violated. (Barnes, 2008, p.4).

Think of a recently passed law and how the above elements factor in. For example, in California, it is illegal to text while driving. (see http://www.drivinglaws.org/sb28.php) This law applies to all drivers. It also was developed by the state legislature and signed into law by California’s governor. Lastly, the law imposes a fine of $20 for the first offense and $50 for subsequent offenses.

Three of your Week One chapters focused on different forms of business entities. Each type of business organization possesses certain advantages and disadvantages. When considering a business form, one must consider seven important attributes: 1) Limited Liability; 2)Taxation; 3)Formalities; 4)Financing; 5)Management; 6)Life of Business; and 7)Liquidity of investment. (Barnes 2008, pg. 467).

Some of these attributes will matter more than others. For example, safety is a major consideration for the majority of investors. A limited partner and shareholder of a corporation may lose their investment if the business fails, but they have no further liability to creditors of the business. (Barnes 2008, pg. 468). In comparison, general partners may lose not only their investment, but also may have personal liability if the partnership assets are not enough to cover partnership debts. Sole proprietors bear the same risk of personal liability. However, if the business involves little risk or the owners have few other assets, liability will be given little weight and as a result, a favorable risk.

Another consideration is how difficult it may be to secure financing. Tax ramifications can also be important. The basic taxation difference between a partnership and a corporation is that a corporation is a separate taxable entity. Corporations pay income taxes on its own income while its shareholders generally pay taxes on dividends from the corporation, although they are paid out of income already taxed to the corporation. (Barnes, 2008, pg. 470). This is one reason why S Corporations and Limited Liability Companies are becoming favorable alternatives.

Even after considering these seven factors, rarely do they point to one single business entity. Often it is recommended that before making a final decision, a CPA or lawyer be contacted. (Barnes, 2008, pg. 475).

Reading Assignment:

Required Text

Please read the following chapters in: Business Law for Managers:

a.            Chapter 1: The Civil Law and Common Law Traditions

b.            Chapter 4: Business Ethics and Conflict Management

c.            Chapter 27: Principal-Agency Law

d.            Chapter 28: Sole Proprietorships and Partnerships

e.            Chapter 29: Limited Partnerships

f.            Chapter 30: Corporations

g.            Appendix A: The Constitution of the United States of America

Recommended Resources:

Text: Business Law for Managers

a.            Chapter 2: Beginning a Civil Lawsuit

b.            Chapter 3: Completing the Civil Lawsuit and Alternative Dispute Resolution

c.            Appendix C: Timeline of Major Modern Legal Developments That Affect Modern Businesses

Websites: Find Laws, Legal Information, and Attorneys – FindLaw. (n.d.). Find Laws, Legal Information, and Attorneys – FindLaw. Retrieved October 19, 2012, from http://findlaw.com

Discussion Forums

Purpose: The discussion forums take the place of the interaction that you would get between the students and instructor in a traditional classroom. As a result, you must score well on your discussion postings to score well in the class. Your posts and all responses must be formatted according to APA style as outlined in the Ashford Writing Center. Please include a list of references when applicable.

Introduction: Your “Post your Introduction” discussion forum is due by the end of Day 1. Tell me a little bit about yourself. If you get a rapid case of writer’s block, here are a few questions you might want to answer: what brought you to Ashford University? What are your educational goals? What are your expectations of the class? Your student introduction is posted by the “Post your Introduction” link in the Week One section. Then respond to at least three of your classmate’s introductions by Monday. Use this as a chance to get to know your classmates.

Discussions One and Two: Your initial postings to the discussion forums are due by Day Three, and your response to two students postings are due by Day Seven, Monday.  This is worth 37% of your grade so don’t forget. You must follow Ashford University Online Netiqutte Rules at all times on the Discussion Boards.  If you have any question as to those rules, don’t hesitate to contact me.

Discussion One Topic:1st Post Due by Day 3. Constitutional and Legal Underpinnings of Business Law. Review the Constitution in Chapter 31 and choose one of the following sections of the U.S. Constitution or a specified amendment to use as the basis for your initial response: Any of Congress’s enumerated powers under Article I, Section 8

1st Amendment 4th Amendment 5th Amendment 14th Amendment

 

Identify the section of the Constitution or its amendment that you have chosen. Discuss how this section of the Constitution or its amendments both limit and protect business in general. Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future). In your example, discuss whether the section of the Constitution you have chosen to address limits business or protects it.

 

Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Some ways to do this include the following, though you may choose a different approach, providing your response is substantive: Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response. If your peer chose to focus on a different section of the Constitution or amendment than you did, discuss how that section of the Constitution relates to any example of a business situation from your professional life (past, present, or future).

 

If your peer chose to focus on the same section of the Constitution or amendment that you did, then compare and contrast the different applications of that section of the amendment to your respective examples from your own professional lives.

 

Suggest analytical differences that could lead to different outcomes. Point out ways in which the Constitution or its amendments might limit or protect business that your peer did not already identify.

 

Your posts and all responses must be formatted according to APA style as outlined in the Ashford Writing Center. Please include a list of references when applicable.

Discussion Two Topic: Ethics and Law. Use three philosophical theories from Chapter 4 to analyze whether it is more important for a business to be ethical or lawful. Provide one example of a situation in which it seems to be more important for a business to be ethical rather than lawful, and one example of a situation in which it seems more important for a business to be lawful rather than ethical.

Guided Response: Respond to at least two of your fellow students’ posts in a substantive manner. Apply a different ethical theory to the examples identified by your classmate. Discuss the difficulties faced by persons in the workplace who view business situations from different ethical perspectives. Suggest ways that those differences can be overcome while still ensuring the actions of the business are legal.

 

Your posts and all responses must be formatted according to APA style as outlined in the Ashford Writing Center. Please include a list of references when applicable.

Week One Writing Assignment: Legal Underpinnings of Business Law. Your paper must be two to three pages, excluding title page and references page(s), and formatted according to APA style as outlined in the Ashford Writing Center

            Imagine that you own each of the following businesses: Tinker’s Home Security Service (sole proprietorship) Tinker & Tailor’s Home Security Service (general partnership) Tinker & Tailor’s Home Security Service (LP) Tinker & Tailor’s Home Security Service, Inc. (corporation) Tinker & Tailor’s Home Security Service, LLC (LLC)

a.            The businesses are being sued for breach of contract. In a chart that does not exceed one-half of a page, compare and contrast your personal liability exposure as a result of the different lawsuits. In one paragraph, discuss how you might limit your liability exposure within each particular business organizational form.

b.            After completing the first part of this exercise, describe one business that you may own some day or that you currently own. (Even if you never plan to own a business, pretend as if you will do so for the purposes of this assignment.) Identify the best business organizational form for the type of business that you have described, considering personal liability exposure as well as management, taxation, and ease of formation.

This assignment is Due Monday, Day 7 of the course.

Thank you and don’t hesitate to contact me with your questions.

Janet Fiorentino
Assistant Faculty Professor

References:

Barnes, J., Morehead, T., and Dworkin, E. (2008) Law for Business  (10th ed,)Columbus: McGraw-Hill/Irwin

Cheeseman, H. (2007) Business Law: Legal Environment, Online Commerce, BusinessEthics, and International Issues (6th edition) New Jersey: Pearson-Prentice Hall

Seaquist, G., & Coulter, K. (2012). Business law for managers. San Diego, CA: Bridgepoint Education, Inc.

Discuss the various reasons system implementation fails. Compare and contrast various change models. Then select a change model to use during system implementation.

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With the justification of an HRIS solidified, you need to show your client how you will implement the HRIS using one of the change models discussed in our text. You will also need to explain and justify cost associated with implementation via a cost benefit analysis. You want to ensure the system is properly maintained and evaluated for continuous improvement. Therefore, you include a maintenance and evaluation plan in your proposal.

Instructions:

Write a three to four-page proposal, in which you:

Change Management

1. Discuss the various reasons system implementation fails. Compare and contrast various change models. Then select a change model to use during system implementation. Provide details of how you will use the change model and justify why you selected one model over the other models. Explain the various steps that should be included to ensure the change model is effective.

HRIS Implementation

2. Discuss the activities that are necessary prior to the system going live and provide a timeline for these activities. Specify which change management team member will be responsible for each activity and explain their role.

Cost Benefit Analysis

3. Create a cost benefit analysis matrix for the HRIS vendor you chose during Phase III: Design. Analyze the cost justification strategies that you will use to justify the cost of the HRIS, including data that identify each benefit and cost component examined, estimates of the dollar amount for each, estimates on when the organization will incur each cost and receive each benefit, and documentation justifying each decision you made in listing these benefits.

Maintenance

4. Discuss how you will ensure the system is properly maintained and evaluated for continuous improvement.

Due Week 7 and worth 240 points

With the justification of an HRIS solidified, you need to show your client how you will implement the HRIS using one of the change models discussed in our text. You will also need to explain and justify cost associated with implementation via a cost benefit analysis. You want to ensure the system is properly maintained and evaluated for continuous improvement. Therefore, you include a maintenance and evaluation plan in your proposal.

Instructions:

Write a three to four-page proposal, in which you:

Change Management

1. Discuss the various reasons system implementation fails. Compare and contrast various change models. Then select a change model to use during system implementation. Provide details of how you will use the change model and justify why you selected one model over the other models. Explain the various steps that should be included to ensure the change model is effective.

HRIS Implementation

2. Discuss the activities that are necessary prior to the system going live and provide a timeline for these activities. Specify which change management team member will be responsible for each activity and explain their role.

Cost Benefit Analysis

3. Create a cost benefit analysis matrix for the HRIS vendor you chose during Phase III: Design. Analyze the cost justification strategies that you will use to justify the cost of the HRIS, including data that identify each benefit and cost component examined, estimates of the dollar amount for each, estimates on when the organization will incur each cost and receive each benefit, and documentation justifying each decision you made in listing these benefits.

Maintenance

4. Discuss how you will ensure the system is properly maintained and evaluated for continuous improvement.

Due Week 7 and worth 240 points

With the justification of an HRIS solidified, you need to show your client how you will implement the HRIS using one of the change models discussed in our text. You will also need to explain and justify cost associated with implementation via a cost benefit analysis. You want to ensure the system is properly maintained and evaluated for continuous improvement. Therefore, you include a maintenance and evaluation plan in your proposal.

Instructions:

Write a three to four-page proposal, in which you:

Change Management

1. Discuss the various reasons system implementation fails. Compare and contrast various change models. Then select a change model to use during system implementation. Provide details of how you will use the change model and justify why you selected one model over the other models. Explain the various steps that should be included to ensure the change model is effective.

HRIS Implementation

2. Discuss the activities that are necessary prior to the system going live and provide a timeline for these activities. Specify which change management team member will be responsible for each activity and explain their role.

Cost Benefit Analysis

3. Create a cost benefit analysis matrix for the HRIS vendor you chose during Phase III: Design. Analyze the cost justification strategies that you will use to justify the cost of the HRIS, including data that identify each benefit and cost component examined, estimates of the dollar amount for each, estimates on when the organization will incur each cost and receive each benefit, and documentation justifying each decision you made in listing these benefits.

Maintenance

4. Discuss how you will ensure the system is properly maintained and evaluated for continuous improvement.

Resources

5. Use at least three quality academic resources in this assignment. Note: Wikipedia and similar websites do not qualify as academic resources.

Your assignment must follow these formatting requirements:

  • Typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides.
  • Include a cover page containing the title of the assignment, your name, your professor’s name, the course title, and the date. The cover page is not included in the required page length.
  • Include a reference page. Citations and references must follow APA format. The reference page is not included in the required page length.

The specific course learning outcomes associated with this assignment are:

  • Create an HRIS needs analysis and evaluate the acquisition process.
    • Understand the management of change through the perspectives of various change models.
    • Create a project management plan and prepare the organization for the implementation.

Describe the importance of the data view versus the process view for the design of the new ATS.

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Vignette Continued3

Larson Property Management Company is one of the largest property management companies in California, with more than 1,000 employees. The company provides a full array of commercial management and development services. These activities include complete management services for commercial office and retail buildings and apartment complexes; construction, repair, and maintenance of commercial properties; and financial management and billing services for commercial real estate clients. The company has experienced significant expansion over the past five years in response to the growth in apartment and commercial construction in southern California, and this expansion has resulted in the need to hire a large number of employees on an ongoing basis to staff its operations.

Larson Property Management has depended on a legacy HRIS to manage its applicant and employee databases. The system runs on a client-server computer system. The system was implemented approximately 10 years ago, prior to the company’s rapid growth and when it employed fewer than 100 employees. The system’s functionality is limited to the storage and retrieval of employee and applicant data. For recruiting purposes, the system requires a clerk to manually enter basic applicant data, the results of the application test, and whether or not an offer of employment has been made. Prior to this, applicants’ files were passed around to those who reviewed the materials and were sometimes misplaced, so trying to locate a particular applicant’s file was often a problem. The current HRIS has limited file storage capability for applicant and employee records and currently has reached its storage capacity.

Larson Property Management has decided to replace its legacy HRIS. One application module in the new HRIS that the company wants is a sophisticated applicant-tracking system (ATS). The primary objective of the ATS will be to provide a paperless hiring process. The basic functions of the new system will be managing the requisition and approval of job openings, storing resumes and job applications and retrieving through query functions the names of applicants who match job requirements, tracking a candidate’s progress through the recruiting and selection process, and providing automated reporting functions. The company’s managers also want an e-HR functionality that includes the Internet posting of job openings through the company’s website and external job-posting services, application and resume submission through the Web and through kiosks at various office locations, staff ability to access and use the system remotely through a Web browser, and online resume- and application-scanning capabilities.

Part of the design phase is modeling the processes that will be used in the system for applicant tracking. For Larson Property Management, this modeling will allow the system analysts to design an efficient paperless hiring process.

Larson Property Management is well aware that the design stage of the SDLC is critical for the successful implementation of the new ATS. However, there is considerable confusion about how to proceed with this phase. The HR and IT professionals assigned to the ATS committee have been meeting to plan the new system. From their planning and needs analysis, it is clear that a new HRIS application is needed, can save considerable time, and can result in more accurate storage and retrieval of applicant data for cost-benefit and other management reports.

The company has had several vendors provide presentations, with each vendor outlining its particular approach to the design of an ATS. But these presentations were primarily focused on the physical design of the new ATS. The HR and IT committees must now begin the design process, which must be completed in three months.

Case Study Questions

  1. Based on the material in this chapter, design a three-month operational plan for the ATS.
    1. In your plan, make certain you differentiate between the logical and physical design of the ATS. Which one should be done first? Which one is more important?
    2. Describe the importance of the data view versus the process view for the design of the new ATS.
    3. Who are the important stakeholders to be considered in the design of the ATS?
    4. How will you determine whether these stakeholders need the information that the new ATS will deliver?
    5. Based on your personal knowledge of recruiting by companies, develop a DFD with at least two levels.
  2. Based on the work you have completed for Question 1, provide a brief outline of the RFP that is to be sent to the HRIS vendors.

3 Note that this is the case from the vignette, plus added material.

Industry Brief: Jeffrey D. Miller, Deloitte Consulting

The world of human resource information systems (HRIS) has shifted over the past decade. Now more than ever, organizations are driving changes in human resources (HR) and their associated system based on business needs. All industries are witnessing increased global competition, which is increasing the need to manage talent and costs of HR services. An increase in generational expansion in the workforce is driving the needs to increase focus on employee engagement. These challenges are disruptions. HR has a clear opportunity to lead through the disruptions by focusing its strategy on resolving these issues. Transitions in HR operating models, alignment of policies, and business processes are the key for HR to resolve the HR challenges facing its business.

Through all of the disruption, technology is HR’s enabler. Organizations must remember this principle. Whether the organization is investing in a custom portal and related technology, enhancing an existing infrastructure, or implementing a cloud-based solution, the same rule applies: Technology is the enabler, not the solution to the business challenges. Using new technology to drive a poorly designed policy or process will result in a bad process, employee experience, and unmet executive-level expectations.

Organizations are changing their HR service delivery model to enable a greater impact in all industries. The focus: Adapt the operating model to attend to business issues and movements in the market. This shift requires HR to look at how it operates across many facets including recruiting, career management, acquisition and divestiture management, and how its technology enables the business needs.

The same global competition in the market is propelling changes in talent management. To remain competitive, there is a dramatic shift in the focus on understanding their talent base and aligning the skill growth to expansions and shifts in the market. The right process changes driven by the right information to make decisions related to recruiting, succession planning, and learning are critical to this effort.

The generational shift cannot be ignored. Many organizations are seeing up to four distinct generations resident in their workforces. Each generation has different needs and ways of working professionally and personally. This creates a need for HR and management to be sensitive and adapt the methods of employee engagement in day to day work, performance, provisions for career trajectory and learning. This area is especially sensitive to being overly burdened with technology—relying on exchanges and messaging through technology rather than employing the technology to concentrate and foster conversations.

Selecting the right technical solution for the HR needs is significant. Most applications offered meet the majority of any organization’s requirements. The real difference is in how the applications fit in driving the HR objectives and business needs of the organization. The selection, and ongoing monitoring, is becoming more closely aligned with strategy in many organizations. The selection is not a one-time decision. It is something that has to be closely managed. Innovation in HR technology is moving at a staggering pace. This pace will continue. The world of HR technology offers multiple options and investments levels. For HR to lead through business disruptions, the monitoring and review of technology’s fit with HR business objectives must be an ongoing and formalized role in the organization structure.

In summary, to have the greatest impact, HR must focus on understanding the true business and market direction of its organization, adapt its processes and policies to contribute to meeting the business needs and then implement the model and technical solutions, which enables the right level of information to enable decisions, employee engagement, cost management, and ease of maintenance.

Student Study Site

Visit the Student Study Site at study.sagepub.com/kavanagh4e for additional learning tools such as access to SAGE journal articles and related Web resources.

Create one version that is interactive for a live audience in the same room with you. Provide some time for your own presentation as well as some time for group participation.  

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You have been asked to present at a professional organization’s meeting and the topic requested was “Twin Technologies – Low-Tech and High-Tech Job Aides”.
Create one version that is interactive for a live audience in the same room with you. Provide some time for your own presentation as well as some time for group participation.
The organization’s webmaster is going to video tape your presentation but wants you to provide a design for an interactive event, for those individuals who were unable to attend. The Webmaster will build this interactive event in Flash. Therefore, you can combine slides, questions, and designated video segments of you presenting or of participants responding to questions. Use the Interactive Technology Design Template provided. Define for the webmaster, what how to translate the low-tech in-person design into a somewhat interactive, web-based design. Use the Interactive High-TechDesign Template provided in this module.
Finally, submit here a two page paper summarizing of your insights and discoveries during this exercise and a link to your design, using APA format.