Premium Essay

How to Transform Legal Obstacles Into Strategic Opportunities:

In: Business and Management

Submitted By cbarker
Words 701
Pages 3
Leveraged Decision Making i

How To Transform Legal Obstacles Into Strategic Opportunities:
Leveraged Decision Making

Catherine Barker
Business Law II BA265
Professor James Wicks
February 18,2013 Leveraged Decision Making 1 The purpose of legal literacy is to make the law work for you instead of against you. It is the combination of compliance and performance management that transforms the relationship between law and business into a business sweet spot. To reduce, transfer, or avoid legal risks a company can take steps during the decision-making process to identify and manage the risks. The five steps to leveraged decision-making lets you identify when and where legal risks occur in the value chain and how much leverage you want to achieve. The first step is to identify the strategic business objective. You must clearly identify what you are trying to accomplish. The business objective should be specific so that all departments in the value chain have a good understanding of the business benefit and end goal. In addition, you must ensure that you have effective compliance and ethic programs in place. The second step is to identify the relevant legal issues. This is where the experts in the value chain combine their acquired experiences and skills to identify any relevant legal issues and to weigh the pros and cons of the various options to arrive at the best plan of action. The value chain lets you develop a better understanding of the legal health of an organization across the full spectrum of employee activity. Employees who understand the consequences of their decisions are able to make better risk assessments. Better risk assessments allow you to identify how, when, and where these legal risks are embedded in the value chain. The third step is to identify how serious the risk is by…...

Similar Documents

Premium Essay

How Do the Value Chain and Value Web Models Help Businesses Identify Opportunities for Strategic Information System Applications?

...คานิยมและความเชื่อมั่นของผูนําใน องคกร และ(4) การตระหนักถึงขอจํากัดทางสังคมและกฎหมาย ซึ่งจะเห็นไดวาการ ประเมินวิเคราะหในองคประกอบ (1) และ (3) เปนการวิเคราะหปจจัยภายในองคกร ใน ขณะที่ (2) และ (4) เปนการวิเคราะหปจจัยภายนอกองคกร การนํากลยุทธไปใชในทางปฏิบัติ (strategy implementation) จะขึ้นอยูกับประ สิทธิภาพการบริหารขององคกร เชน การจัดสรรและระดมทรัพยากรไปใชใหสอดคลองกับ กลยุทธที่วางไว การแบงและจัดสรรงาน โครงสรางองคกรภายในการควบคุมและวัดประ สิทธิผลของการดําเนินงานอยางเปนระบบ การประเมินวากลยุทธที่พัฒนาขึ้นมีความเหมาะสมตอองคกรหรือไมมีหลักเกณฑ กวางๆ 10 ประการดังนี้ (1) ความเปนไปไดในการบรรลุเปาหมายที่ตั้ง (2) แผนปฏิบัติการครอบคลุม สอดคลองกับเปาหมายที่ตั้ง และสนับสนุนซึ่งกัน และกัน (3) กลยุทธเหมาะสมกับโอกาส (opportunity) ที่มี (4) กลยุทธเหมาะสมกับความเสี่ยง (threat) ที่มี หรือคุมกับโอกาสการทํากําไร (5) เปาหมายและแผนปฏิบติงาน เหมาะสมกับสภาพแวดลอมในขณะนั้น ั (6) เปาหมายและแผนปฏิบัติงาน เหมาะสมกับกําลังและความสามารถ (7) เปาหมายและแผนปฏิบัติงาน สอดคลองกับจุดเดนขององคกร (8) เปาหมายและแผนปฏิบัติงาน สอดคลองกับทัศนคติ คานิยม ความเชื่อของผูนํา องคกร (9) ผูนํากลยุทธไปปฏิบัติมีความเขาใจเปาหมายและแผนปฏิบัติงานอยางถองแท (10) ความสามารถขององคกรในการบริหารจัดการที่จะนํากลยุทธไปใชอยาง มีประสิทธิภาพ บทที่ 2 วิเคราะหการแขงขันในอุตสาหกรรมและพลังผลักดันการแขงขัน การวิเคราะหสภาพแวดลอมโดยละเอียดดังที่กลาวเบื้องตน เปนเรื่องที่ทําไดโดยยาก องคกรธุรกิจจึงหันมาวิเคราะหสภาพแวดลอมที่อยูใกลตัวที่สุดและมีผลกระทบตอองคกรมาก คือ......

Words: 1232 - Pages: 5

Premium Essay

Legal Risk and Opportunity in Employment

...Legal Risk 1 Running head: LEGAL RISK AND OPPORTUNITY IN EMPLOYMENT Legal Risk and Opportunity in Employment Cindy Simmons University of Phoenix Legal Risk and Opportunity in Employment Legal Encounter 1: . The policies outlined by Newcorp were not followed gave Pat Grey the right to claim wrongful termination. Newcorp did not follow its own policy which states “If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a Corrective Action Plan (CAP). If the employee performance does not improve to a satisfactory level within the specified period of time, termination will follow” (Risk in the Employment Relationship-Legal Encounter 1, 2008). Since Pat was not given any feedback indicating a problem, he may have been subject to wrongful termination. The probationary period had passed and would not be considered a factor. (Hiring and Firing Employees: Don't Force "At-Will" In Writing, 1994) The California Fair Employment and Fair Housing Act (FEHA) protects employees from specific types of termination. If as Pat mentioned his stance on the allocation of funding for public schools’ athletic programs was truly a factor, this would be a clear violation of the FEHA. Either way Pat can and should sue as he and his family was put through the hardship of being uprooted for what appeared to be a solid secure job opportunity. (Wrongful Termination Lawyers & Legal Information), 2000. Legal Encounter......

Words: 561 - Pages: 3

Premium Essay

Legal Risk and Opportunity in Employment

...Abstract An agency relationship exists by common consent and specifies duties and responsibilities on both sides. NewCorp and its employees have an agency relationship, which NewCorp is the principal and the employees are the agents. NewCorp currently faces three encounters. In lieu of obtaining legal advice, NewCorp has requested Team C to make the following assessments regarding the legal risks and opportunities involved in these three legal encounters. The assessments will include the liabilities from NewCorp’s perspective as well as the employee’s perspective along with the regulatory and compliance requirements. The assessments will also reference some of the legal principles in this week’s reading materials that support our decisions. Legal Risk and Opportunity in Employment Encounter 1 NewCorp hired Pat as a manager of real property, which includes responsibilities for the activities related to maintaining leased office space in Vermont. Upon employment, he signed an understanding that the company observed employment “at will” in respect to discharge. He was also given an employee handbook that outlined the company’s process for dealing with unsatisfactory employees, which stated that an employee would be notified of unsatisfactory performance and placed on a corrective action plan. If the employee’s performance did not improve to a satisfactory level within the specified time frame, the employee could be terminated. After three months of employment...

Words: 2142 - Pages: 9

Premium Essay

Legal Risk and Opportunity Law/531

...Legal Risk and Opportunity in Employment Business Law- LAW/531 Legal Risk and Opportunity in Employment Legal Encounter #1 In legal encounter 1, there are definite liability issues on WireTechs behalf. The first legal principle is the employee handbook presented to Clark at the beginning of his employment with WireTech. The employee handbook could represent a contract between the employer and the employee. Upon employment Clark did acknowledge that the company had an “at will” policy when terminating employees. WireTech presented Clark with an employee manual upon hiring him that states,“ If the job performance of an employee is unsatisfactory, the employee will be notified of the deficiency and placed on a corrective actions plan” (Syllabus, 2010). Unfortunately, WireTech never put Clark on a corrective action plan nor did WireTech give Clark any indication that they were unsatisfied with his performance until they were prepared to let him go. According to Jennings, ”Many courts have implied the existence of a contract due to the presence of promises, procedures, and policies in an employee personnel manual. Personnel manuals have been held to constitute, both expressly and impliedly, employee contracts or to become part of the employee contract when they are given to employees at the outset”(Jennings, pg.727). One factor that determines an implied contract is the reliance on the employee manual (Jennings, 2006). With this information being known Clark has the......

Words: 1023 - Pages: 5

Premium Essay

Legal Risk and Opportunity

...Recognize Contract Risk and Opportunity Erica D. Thomas LAW/531 June 7, 2010 Craige Harrison Recognize Contract Risk and Opportunity Contracts, no matter how large or complex, are promises negotiated between parties and should be written to ensure business agreements are fulfilled by both parties. Clarity of purpose is the hallmark of successful contracts because contracts are never free of interpretation (University of Phoenix, 2010) and poorly written contracts can ultimately result in breach of said contracts. In today’s market, businesses need ways to ensure that contract risk and liabilities are minimized and remedies to these risks are maximized and beneficial to all parties involved. In this memo, I will identify the legal risk and opportunities of Span Systems and Citizens-Schwarz (C-S), address how managers can avoid risk with contract issues, minimize liabilities, and benefit from additional opportunities identified. Span Systems and Citizen-Schwarz AG (C-S) entered into a 1 year contract worth $6 million and if Span Systems can deliver on this contract our company stands to gain an even bigger contract for C-S’s e-CRM order, which is coming down the pipeline, however, in order for us to secure this contract our company must meet and exceed performance standards with the current contract. Currently our proceedings concerning our contract with Citizen-Schwarz (C-S) has not gone as planned and Leon Ther, C-S’s lead negotiator has demanded immediate......

Words: 795 - Pages: 4

Premium Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment The following assessment will discuss legal risks and opportunities involves in three NewCorp legal encounters. The decision for each counter will be supported by legal principles from management of employee conduct and employment discrimination (Jennings, M. M, 2006). In Legal Encounter 1, In a principal and agent relationship, NewCorp exercises a great deal of control over Pat Grey. Pat is in high level of supervision and control. His scope of employment is about three months. NewCorp’s liabilities and risks: If Pat Grey’s contract is writing, the authority of discharge must be in writing. In this case, the discharge order gave by oral instead of writing. Pat informed upon his employment, he signed and understood that NewCorp observed employment at will. This provides the right for NewCorp to terminate Pat Frey’s employment even Pat is a contract employee. Pat Grey’s boss informed Pat about his term of leaving without any indication of his deficiency or clear business-related reasons for this dismissal. At same time Corrective Action Plan (CAP) was not in place. This action did not following NewCorp’s personnel Manual. This is potentially considered as a wrongful discharge suit. Pat Grey risks and opportunities: Pat understood the employment at will upon his employment. He believed his unpopular behavior in school broad meeting contributed to the NewCorp decision to discharge him . Since on formal business related......

Words: 1100 - Pages: 5

Premium Essay

Legal Risk & Opportunity in Employment

...Legal Risk & Opportunity in Employment Joe Kroeger Business Law 531 January 10, 2011 Marlene Wilhite Legal Risk & Opportunity in Employment The following assessment will discuss legal risks and opportunities in employment law when discussing three different scenarios at WireTech. I will discuss what WireTech’s liability is and what legal principles are relevant to the situation. In Legal Encounter 1, Clark was discharged after three months without any indication of unsatisfactory performance. WireTech’s liability is that they discharged Clark verbally and not in writing. Upon Clark accepting employment it stated that the employee would be notified of unsatisfactory job performance and placed on a corrective probationary period. If the employee’s performance did not improve within the specified time period, discharge would happen. In this encounter, Clark voiced his opinion in a school board meeting that was apparently unpopular. Clark felt that this contributed to his termination. Although Clark signed that he understood that the company observed employment at will regarding termination, I believe that his opinion at the board meeting is the reason that he was terminated. To me, this was an intentional termination due to discrimination. He was discriminated against due to his position at the school board meeting. “In a case involving intentional discrimination, the aggrieved party can recover compensatory damages. A court can award punitive damages against an......

Words: 1046 - Pages: 5

Premium Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Yolanda Baker LAW/521 February 14, 2011 Kathryn Harris Abstract There are several encounters that can take place in the workplace that can hold a company legally liable. These include violations of Equal Opportunity in employment and OSHA regulations. This paper will discuss in detail certain violations to include wrongful terminations, at will employment laws, sexual harassment and unsafe working conditions. Legal Encounter 1 - Wrongful Discharge NewCorp has liability under the Employment at Will Doctrine. The Employment at Will Doctrine dictates that an employer has the right to fire an employee and an employee has the right to quit or terminate employment "at will". At will in this instance means without advanced notice or cause. However, there are several states with exceptions to this doctrine, Vermont, the state in which Pat was hired, is one of them. Vermont has an implied-contract exception. When employers hire employees without explicit contracts, some states such as Vermont, consider policy manuals, employee handbooks, and employee agreements as obligatory contracts of continued employment. Upon hire NewCorp was given a personnel manual that explained that there would be a process to notify and correct unsatisfactory performance. This would include an corrective action plan after notification and the acknowledgment that termination would follow if employee performance was not improved to satisfactory level...

Words: 1110 - Pages: 5

Premium Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Law 531 Charles Cook February 7, 2011 Legal Risk and Opportunity in Employment Legal Encounter 1 NewCorp violated a breach of contract with Pat in this case. While NewCorp is an “at-will” employer, they provided an employee handbook to Pat which outlined the procedure for disciplinary process involving the requirement of corrective action. NewCorp failed to follow their own process which supports the wrongful termination suit. Additionally, the case law which would be applicable to this case is Dillon v. Champion Jogbra, Inc. The case has many similarities which can support Pat's claim of wrongful discharge. For example, the implied contract relating to the action stated within the employee handbook to follow a procedure for discipline and/or corrective action prior to discharge. Because NewCorp did not imply that the employee handbook was not a contract at any point within the handbook. Therefore, Pat has grounds for action against NewCorp. Legal Encounter 2 NewCorp has two issues to face in this scenario. The first being the sexual harassment by Sam toward Paula. Sexual harassment is “defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or submission to or rejection of the......

Words: 746 - Pages: 3

Premium Essay

How Operational Innovation Can Transform Your Company

...innprovement-can destroy competitors and shake up industries.Such advances don't have to be as rare as they are. 84 HARVARD BUSINESS REVIEW Deep Change How *^ Operational Innovation Can Transform Your Company by Michael Hammer I N 199T, Progressive Insurance, an automobile insurer based in Mayfield Village, Ohio, had approximately $1.3 billion in sales. By 2002, that figure had grown to $9.5 billion. What fashionable strategies did Progressive employ to achieve sevenfold growth in just over a decade? Was it positioned in a high-growth industry? Hardly. Auto insurance is a mature, ioo-year-o!d industry that grows with GDP. Did it diversify into new businesses? No, Progressive's business was and is overwhelmingly concentrated in consumer auto insurance. Did it go global? Again, no. Progressive operates only in the United States. Neither did it grow through acquisitions or clever marketing schemes. For years. Progressive did little advertising, and some of its campaigns were notably unsuccessful. It didn't unveil a slew of new products. Nor did it grow at the expense of its margins, even when it set low prices. The proof is Progressive's combined ratio (expenses plus claims payouts, divided by premiums), the measure of APRIL 2004 85 How Operational Innovation Can Transform Your Company financial performance in the insurance industry. Most auto insurers have combined ratios that fluctuate around 102% - that is, they run......

Words: 5803 - Pages: 24

Premium Essay

How Strategic Management Handled Wal-Mart's Reputation

...! ! ! ! ! ! ! ! ! ! ! ! !!!!!!!!!!! ! ! Did Wal-Mart Wake Up? How Strategic Management Handled Wal-Mart’s Reputation [ABSTRACT] The nation’s largest private corporation and retail giant Wal-Mart has faced multiple opposition from labor unions, grassroots organizations, religious groups, and even from its own employees, impacting its corporate reputation and ultimately its bottom line. This case study will demonstrate the strategic communication Wal-Mart used for its corporate reputation management (CRM). In particular, the case describes the company’s response to criticism regarding its current business policies and practices. Table of Contents Introduction………………………………………………………………3 1. Company History……………………………………………………..5 1.1 Wal-Mart’s Early History: 1960s to 1970s…………………………….5 1.2 Wal-Mart Expands and Goes International: 1980s to 1990s…………...6 1.3 Attack of the Advocacy Groups: 2000 to present……………………....7 1.4 Repercussions…………………………………………………………...8 2. The Issue: Employee Relations and Workers’ Rights…………………9 3. Opposition…………………………………………………………….10 3.1 Labor Union-Funded Groups…………………………………………...11 3.2 Gender Discrimination………………………………………………….12 3.3 Wal-Mart: The High Cost of Low Price……………………………………..13 4. Wal-Mart’s Response……………………………………………………15 4.1 Response to Labor Union-Backer Groups………………………………...16 4.2 Response to Gender Discrimination Lawsuit……………………………..17 4.3 Response to Greenwald’s Film……………………………………………18 4.4 Wal-Marting Across......

Words: 18508 - Pages: 75

Premium Essay

Reyes Fitness Centers, Inc.: the Strategic Hr Opportunity

...competitive advantage in their field. To do, so they align their processes with the organizational goals. HR works as a guiding force to help organizations achieve these goals. Strategic HR as stated by Mello (2014), “involves the development of a constant, aligned collection of practices, programs, and policies to facilitate the achievement of the organizations strategic objectives” (p. 150). Strategic HR has an administrative focus which involves being a strategic partner, change agent, administrative expert, and employee champion. This gives the individuals involved with HR the advantage to partner with top manage to decide on what is needed to get different task done. HR professionals can demonstrate how a competitive advantage can be achieved by putting the right people in the right place. Strategic HR planning is essential for keeping the organization on track and making sure current processes meet current needs. Aggregate planning helps the accomplish goals which follows a sequent of processes for competition. Succession planning is what help keep the organization going when key positions become vacant. Strategic planning establish key processes within the organization and steps to taken to ensure that these process sustain to meet objectives. Reyes Fitness Centers, Inc. (RFC) want to bring more strategic value to their organization, employees activities, and employee projects. Analysis RFC is looking to increase their customer experience while retaining their......

Words: 1297 - Pages: 6

Free Essay

Legal Risk and Opportunity in Employment.Docx

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Free Essay

Legal Risk and Opportunity in Employment

...Legal Risk and Opportunity in Employment Tester Pester LAW/531 November 7, 2010 Lame Duck Abstract This paper analyzes the legal principles and remedies behind the three scenarios described in the simulation. Legal Risk and Opportunity in Employment Legal Encounter One NewCorp hired Pat Grey as a property manager. NewCorp fired Pat after three months. Pat thinks it is not related to performance but other outside issues. NewCorp maintains that it is not working out with Pat, so he is let go. Legal Issues 1. Doctrine of promissory estoppels. 2. At-will Employment. Vermont is an “at will state.” According to the definition of “at will” on the Department Of Labor, Vermont, (n.d) website, An employer may terminate an employee for any reason as long as it is not one of the protect classes e.g.:  race, color, national origin, religion, sex, age or mental, or physical disability. NewCorp has not terminated Pat for any of these reasons. Retaliation or discrimination against employees or applicants who have alleged employment discrimination is unlawful (Cheeseman, 2010). Pat has not made any employment discriminations complaints. Pat has also acknowledged signing a statement of employment at-will so he should be aware that he can be let go anytime for no reason. Pat can still establish a claim for wrongful termination under promissory estoppels. He will have to prove the termination breached a specific promise made by NewCorp (Cheeseman, 2010).......

Words: 1024 - Pages: 5

Premium Essay

How to Write a Business Strategic Report

...Writing a Strategic Management Report This document summarises what I have learnt about report writing in my own career in industry, consultancy and academia. I believe that it constitutes a reasonable guide to good practice. But this is an area in which opinions and practices differ - for example, some people DO like to see the different theoretical models laid out in detail, something that I regard as unnecessary. You are advised to check with your tutor to make sure that what is written here accords with their own requirements and preferences. ©Adrian Haberberg 2001 Please remember that you are writing a business report and not an academic essay, and that you are writing it for a busy and intelligent manager. More specifically: 0 Do not waste time and paper reproducing information from the case study. In particular, do not bore your "client" with a long history of the organisation you are studying. You should assume that they have read and understood everything in the case study. Your job is to add value to that information. * Remember that a report, like any other good piece of writing, tells a story in an interesting and coherent way. There should be a clear flow from one section of your writing to another, and each part of the report should draw upon what has gone before, and feed analysis forward to what follows. * Do not assume that, if you write down all the theoretical models one after the other, you have done your job. If all you write is a PEST...

Words: 1570 - Pages: 7