Business Law - You Decide

In: Business and Management

Submitted By sandrasanya4
Words 681
Pages 3
Business Law - You Decide Case
Resolved Question:
Coleman works for Software Inc., a Delaware based corporation that sells security equipment to business and bars. Coleman’s duties include traveling to prospective clients and meeting with representatives of the businesses in his sales division.

Coleman is on the road more than half the year. He often does not come home for more than a few days at a time. Over the course of his 17 years of employment with Software Inc., Coleman has had several stretches on the road that last three months or more.

During a sales trip to Small-town, Colorado in March 2008, Coleman found it necessary to wash his laundry. He also wanted to buy an anniversary present for his wife. Coleman went to the mall to buy the present. While at the mall, Coleman saw a ring that he really liked but could not afford. He decided to steal it. He then went to Jimmy’s Poor-Man’s Bar to meet with a client, John. Jimmy’s wasn’t a client of Coleman’s, but John didn’t like his customers to see him “doing business.”

Coleman was talking with Jimmy about business when he spilled his drink all over the bar. That made him think about this cool trick where you put pure grain alcohol in your mouth, blow it out and light it. Coleman took a big drink, took out his lighter, and said, “What this!” He lit his lighter, blew the liquid and a fireball went through the room. The fireball hit Jimmy and killed him instantly. The bar also sustained a lot of damage. Software Inc. fired Coleman without even interviewing him to get his version of the events.

Software Inc.’s handbook required all employees to be interviewed before termination. A week later, Coleman called John to make amends. When they met, Coleman said, "The company and I are so sorry about what happened. Let me take you out to dinner – Software Inc. will pay the bill."

They went to a…...

Similar Documents

You Decide

...Acct 553 You Decide John Smith tax issues: a. How is the $300,000 treated for purposes of federal tax income? The $300,000 is taxable income; the reason is that the IRS always collects taxes when we receive a lump sum payment as compensation for negligence, injury or other wrongdoing. Litigants are allowed to bring up a taxation lawsuit in the case of lump sum payments. John, you will have to that the amount is paid to the government on time so that no fines or penalties are charged due to late payment. Or automatically withhold 20 percent of a lump-sum distribution to pay federal taxes owed by the recipient of the disbursement. The Internal Revenue Service determines the exact amount of tax a person owes on a lump-sum distribution based on several factors. If you fail to make the payment of taxes to the IRS for any lump sum payment, such as this one, the law says that you would not only have to pay the taxes back to the IRS, but you would also have to assume the late payment penalty to the government. b. How is the $25,000 treated for purposes of federal tax income? This situation of the $25,000, they are not taxable; it should be treated as expenses, meaning that they can be deducted as expenses for that year. Since profits equal revenues minus expenses, claiming expenses reduces the amount of your taxable profit. You can deduct these expenses from your taxable income. c. What is your determination regarding reducing the taxable amount of income for......

Words: 1118 - Pages: 5

You Decide

...Role of Internal Auditors in the Anti-Corruption Battle John FlahertyThe Challengeh Bribery, and other illicit payments are contrary to the public good. They thwart the competitive process and circumvent laws, regulations, and procedures put in place for the public good. They divert funds from owners, shareholders, and are usually paid as fees, commissions, or are paid without record. The cost to the public totals millions of dollars annually. The US Government is aware of almost 100 cases in which foreign bribes undercut the ability of US firms to win contracts valued at $45 billion in the 12 months before May 1995. "Corruption occurs when someone has monopoly power over a good or a service, has the discretion to decide whether or not you receive it and how much you receive, and lacks accountability." (Robert Klitgaard, Controlling Corruption, 1988). The level of corruption in international business transactions continues to be a critical problem. Companies need both the motivation and the governance practices to discontinue these payments Role of Internal Auditors in the Anti-Corruption Battle John FlahertyThe Challenge Bribery, and other illicit payments are contrary to the public good. They thwart the competitive process and circumvent laws, regulations, and procedures put in place for the public good. They divert funds from owners, shareholders, and are usually paid as fees, commissions, or are paid without record. The cost to the public totals millions of......

Words: 3346 - Pages: 14

Analysis You Decide Business Law Coleman Works for Software Inc

...tortious conduct. The principal is liable for the tortious conduct of an agent who is acting within the scope of his or her authority. The agent, however, is liable for the tortious conduct of the principal only if he or she directly or indirectly participates in or aids and abets the principal’s conduct.”3 Another of the important legal concepts in this case is the liability that applies directly of intentional torts. An intentional tort as stated in the textbook is “a category of torts that requires that the defendant possessed the intent to do the act that caused the plaintiff’s injuries.”4 In most cases a principal is not liable for the intentional torts of agents and employees that are committed outside the principal’s scope of business. Lastly, we need to discuss the legal concept of the termination of employment of Coleman. It was discussed in the textbook that “An agency contract is similar to other contracts in that it can be terminated by an act of the parties. The parties to an agency contract can terminate the agency contract either by agreement or by their actions.”5 There are four methods of termination; (1) mutual agreement, (2) lapse of time, (3) purpose achieved, and (4) occurrence of a specified event. Analysis and Conclusion: The legal concepts above applied to the case scenario factual summary. Now, the next step is to answer the questions asked in the case. Do Jimmy’s mother, John and the owners of Jimmy’s Poor-Man’s Bar win the suit against......

Words: 1081 - Pages: 5

You Decide

...Week 5: The Award Phase - You Decide Page 1 of 4 Week 5: The Award Phase - You Decide Print This Page Scenario Scenario Summary You are Chris and Pat Smith, entrepreneurs with five years of experience investing in small businesses. Eighteen months ago you decided to invest in a catering venture with two chefs, J. P. Martin and L. L. Miller, who have culinary science degrees and five years of work experience, which includes winning a prestigious prize in a gourmet food competition. Following some extended discussions, the four of you decided to set up a business catering to parties and weddings under the name of At Your Service. The arrangement between you was quite informal. Essentially you put up $25,000 and the chefs put up $10,000 in capital to get the operation started. You were to manage the advertising, and the bookkeeping. The chefs' contribution was to set up the kitchen and menus, cook, hire staff, and be on site to supervise all catering jobs. The agreement between you was that the profits would be split 50-50 after clearing fixed expenses. Although the first few months were difficult and At Your Service had to use some of the investment reserves to cover monthly expenses, a good newspaper review produced a spurt of business in the third month when the company not only covered fixed costs, but distributed a profit of $250 to each owner. Throughout the first year, you continued to make a little money, or lose a little every month, but the company has been...

Words: 1656 - Pages: 7

You Decide

...Analyzing Buyer Behavior Instructions: In this scenario-based activity, you will need to review the scenario presented to you, your role in the process, and then read the viewpoints of the key employees that have been assigned to help you with this activity. Be sure to view the grading rubric at the bottom prior to proceeding to the activity. Your completed paper will be submitted to the Drop Box. Scenario Scenario Summary You are the new Vice President of Marketing for Graves Enterprises, makers of consumer and commercial grade floor care products. You have two marketing directors that report to you, each of who is in charge of either the consumer market or the commercial market. Graves Floor Care Products are currently priced comparable to their direct competitors in both markets. They are also distributed through the same distribution channels, although there is no real incentive for the distributors or retailers to carry Graves Floor Care's products over those offered by the competition. The sizes and packaging of Graves products and those of the competition are similar, yet there are distinct competitive differences that are not effectively promoted. Some differences include a unique, proprietary chemical cleaner that cleans "dry" (and does not clean "wet"), which helps to reduce mold. In addition, the Graves products reduce mold. Graves products utilize environmentally friendly chemistry, contain “Scotchgard” for continued stain protection. In......

Words: 1584 - Pages: 7

You Decide

...$300,000 treated for purposes of federal tax income?   Applicable Law & Analysis: The $300,000 that John Smith received would be treated as income. According to the IRS, income is classified as “earned income includes all the taxable income and wages you get from working,” such as: •wages, salaries, tips, and other taxable employee pay; •union strike benefits; •long-term disability benefits received prior to minimum retirement age; •net earnings from self-employment, such as own or operate a business; and •gross income received as statutory employee. ttp://www.irs.gov/Individuals/What-is-Earned-Income%3F     Conclusion: John Smith will be taxed on his income of $300,000 regardless if he received the amount as a lump sum or in annuity. The constructive receipt doctrine states that “… taxpayer is liable for income, which has not been physically received, but has been credited to the taxpayer’s account or otherwise becomes available for him or her to draw upon in the future.” http://www.investopedia.com/terms/c/constructive-receipt.asp#axzz2DGo3VwsO       (b) How is the $25,000 treated for purposes of federal tax income?   Applicable Law & Analysis: To be deductible, a business expense must be both ordinary and necessary. An ordinary expense is one that is common and accepted in your trade or business. A necessary expense is one that is helpful and appropriate for your trade or business. An expense does not have to be indispensable to be considered......

Words: 2054 - Pages: 9

Laws 310 You Decide

...LAWS 310 - WEEK 7 ASSIGNMENT: YOU DECIDE Widget Tech Inc. Code of Ethics Professor: Sheila Hostetler LAWS 310 Devry University Review of Widget Tech Inc. Code of Ethics Table of Contents LAWS 310 - WEEK 7: YOU DECIDE Summary…………………………………………………………………..………..3 Introduction……………………….…………………………………….………..…3 How to Create a Code of Ethics………………………………………….....…....…4 Components of a Code of Ethics…………………………………… .……………4 Conclusion…………………………………………………..…………………….....6 Sources…………………………………………………...…….…………………….7 Summary Widget Tech Inc. is in need of update the company’s current code of ethics due to growth of the company and the changing workforce. Research has been conducted to revise the current LAWS 310 - WEEK 7: YOU DECIDE policy and address topics that were previously overlooked. Widget Tech Inc. is a company that stresses both corporate and personal integrity. We not only comply with laws and applicable regulations; but we also strive to conduct our affairs according to the highest ethical standards. Employees are expected to be honest and forthright in dealings with managers, subordinates and with one another, as well as with clients, suppliers, government agencies and their employees, business partners and the general public. Widget Tech employees must maintain the highest level of personal integrity and encourage it in others; they must not lie, cheat, steal or do anything that would bring dishonor upon themselves or the company...

Words: 1247 - Pages: 5

Business 427 Week 1 You Decide

...student Week 2 - you decide Business 427 professor September 22, 2009 Q1:  Do you think REESE Inc., adhered to a set of Business Ethics?  If so, what were they?  If not, what would you recommend as a set of business ethics for them? I think REESE Inc. did what it was set up to do. Appear as a separate entity in order to secure contracts. These types of things happen all the time. The Planet Hollywood restaurants were all set up under different corps. When one went bankrupted, the others were untouchable. Any company that is going to do business with another is responsible for doing the proper due diligence on the people and company your going into business with. Any back ground check on the people running the company would have shown that they work for and with one another. Q2:  Discuss the ethical issues involved in this case.  Discuss how you might develop a plan for addressing the ethical issues involved in this case? You keep mentioning the ethics in this case, but REESE Inc. did nothing wrong. Most people might not agree with the approach or with what REESE did, but that’s business. If I were Monica Ponce, I would have signed a non-circumventing contract with REESE Inc. in order to protect my contacts as well as a contract to do business together before introducing any of my contacts or being part of any meeting that might bring future business with REESE Inc. Q3:  How do you think the President of CNS should have addressed this directive from the CEO of......

Words: 568 - Pages: 3

Devry Laws 310 You Decide

...Business Entities: Memo to Gloria Smithson LAWS 310 Professor TO: Gloria Smithson, Business Owner FROM: DATE: May 24, 2015 SUBJECT: Business Entities In today’s world, putting up one’s own business is better than becoming an employee considering that people can come up with various business ventures and ideas. However, not everyone who puts up their own business succeed primarily because of failure in identifying the correct business structure for their endeavor. To get the most out of a small business venture, it is crucial to choose the perfect structure that fits the type of business in order to maximize the potentials of the business, including maximizing financial and operational success. Therefore, identifying the appropriate business entity is necessary to guarantee the success of a business venture. Rules may vary depending on country, state, or province. The Scenario The husband and wife team of Joe and Gloria Smithson have come up with a new and more efficient widget that could help transform the energy industry from what it is today. Finding the confidence that they have already perfected the design, the husband and wife team created a prototype and designated a lawyer to file for design and utility patent applications. The next step therefore is registering the company and identifying the business entity type that would insulate her and her family from personal liability for debts of the business, or liability in the event of injury caused by......

Words: 1451 - Pages: 6

Business E-Commerce You Decide Week 5

...Prepared for: Dr. Diane McCann Prepared by: Arqum Usmani E- Commerce for Small Business Prepared for: Dr. Diane McCann Prepared by: Arqum Usmani E- Commerce for Small Business You decide Week 5 You decide Week 5 It’s a great joy to know that my ideas contributed to the ongoing growth and success of this company. I was confident that we would be successful as a company, we had a great idea and product thanks to Catherine and Max also to help make this idea successful. Now that we have become successful it’s time for us to sustain and also take this success to the next level. I’m excited that you guys offered to use an e-CRM system as our next step to building. It’s a great idea and I’m definitely on board to get this started but the question now is what system is best for us? First I want to talk about the advantages that an e-CRM system has to offer and how it will benefit us. The e- CRM system is a management system for electronic customer relationships which I predicted last time would become a huge success and also something to watch out for. I advised that our relationship with the customer should always be good and always make the customer satisfied. The e-CRM will definitely help us with this process by making it more efficient to deal with our customers. We are a company that offers high quality portraits and with it comes our exceptional service to the customer and our company Town Photography will benefit from an e-CRM system to keep our exceptional......

Words: 935 - Pages: 4

Business Law- in This Unit You,

...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with......

Words: 420 - Pages: 2

Business Law- in This Unit You,

...Business Law- In this unit you, Click Link Below To Buy: http://hwcampus.com/shop/business-law-in-this-unit-you/ In this unit you, you will select a case law pertaining to the topic of business entities. Each case law analysis allows you to express yourself as clearly and fully as possible in dissecting a court decision. The purpose of the assignment is two-fold: 1. To give you the opportunity to read a real court decision. 2. To challenge you to think about how you would have decided the case. In your case law analyses, you must be able to navigate the court's decision and summarize it; you are not expected to act as a judge or an advocate. Using your selected court decision, prepare an analysis that responds to the following: 1. Articulates the importance, context, purpose, and relevance of law in a business environment: • Identify the parties who are before the court. • Provide a brief background to problem. Summarize the facts in no more than 2–3 paragraphs. • Identify what is the specific disagreement between the parties. • Explain the ruling of the court in no more than 1–2 paragraphs. 2. Evaluate legal options to create a business entity. • Was there a dissenting opinion? If so, explain why some of the judges or justices disagreed with the majority in the decision. • Compare to other types of business entities-would the party have been in a better position if they formed as a different type of legal business entity? • Do you agree with......

Words: 420 - Pages: 2

Gm545 Business Economics - You Decide Week 6

...these circumstances would be to pursue the implementation of expansionary policy to combat unemployment with the goal of expanding the money supply to encourage economic growth and/or plateau inflation. Expansionary monetary policy, will lower interest rates and possibly decrease the reserve requirement will allow banks to lend more and potentially entice the borrowing and purchasing. Increased demand with lower interest rate will help to achieve market equilibrium. The government will need to apply expansionary fiscal policy by increasing government spending to exceed tax revenue, a decrease in taxes, and/or an increase in transfer payments (Social Security, unemployment compensation, or welfare) can be used to correct the problems of a business-cycle contraction. If the goal of expansionary fiscal policy is met the recessionary gap will close, the economy will be stimulated, and there will be a decrease in the unemployment rate....

Words: 501 - Pages: 3

You Decide/Employment Law

...Employment Law HR593 You Decide Assignment   You Decide Assignment Scenario Summary: Karen is a human resources consultant at a local utility. Originally, the work requested was project-based. Karen was asked to develop training materials for an upcoming session on diversity. Cynthia, the human resources manager, was very happy with the work that Karen did and asked her to work on some additional projects. Before everyone knew it, Karen had been working at the utility for five years. Karen has been paid a monthly base salary of $10,000 per month. Karen has received a 1099 for her wages over the past five years, but has not received a W-2. Karen was not offered any benefits, but when she was hired, she did not need them, as she was happily married. However, Karen's husband recently passed away and she asked Cynthia about receiving benefits. Cynthia has denied Karen's request. Karen's title, when she started, was Human Resources Temporary, but her new title evolved into Human Resources Consultant to be more consistent with others in the department who are doing work similar to hers. Karen does have a contract with the utility. Karen has had other limited clients over the years. She had one client for an approximately 40-hour project two years ago, and she currently has another client that keeps her on a retainer basis. Since she was denied benefits, Karen has contacted the IRS to ask them to determine her status. Your role/Assignment: Your role is to......

Words: 1293 - Pages: 6

Business Law You Decide

...Sarah Glaudel You Decide Assignment Business Law Factual Summary: In this case, Coleman works for Software Inc., in which his duties include traveling to prospective clients and meeting with representatives of the businesses in his particular sales division. During a trip to Colorado in March 2008, Coleman stole a ring that he could not afford as an anniversary gift to his wife. After the theft, Coleman met with his client John at Jimmy’s Poor-Man’s Bar where, through a series of events, Coleman killed Jimmy with an alcohol fireball and caused sustainable damage to the bar. Because of these actions, Software Inc. fired Coleman without the required interview as stated in the employee handbook. A week later, Coleman took John out to dinner to make amends where he proceeded to punch John in the eye, causing severe physical damage. Issue(s): Because of the actions carried out by Coleman, Jimmy’s mother, John, and Jimmy’s Poor-Man’s Bar sued Software Inc. for the damage caused by Coleman. In addition, Coleman sued Software Inc. for wrongful termination and the jewelry store sued Software Inc. for the value of the ring that was stolen by Coleman. In order to determine which of these suits are lawful, we need to discuss the following legal concepts: when is an employer liable for the actions of an employee and when/how is an employer able to terminate an employee? Legal Concepts: To begin, we will discuss the legal concepts surrounding an employer-employee......

Words: 1219 - Pages: 5