Major Business Strategies - Essay Example

?Topic: Solving Exam Question XXXXXXXXXXX XXXXXXXXXX and XXXXXXX XXXXXXXXXXXXXX of Submission: XXXXXXXXX 1. Grenville Jenkins The law on discrimination in employment seeks to prevent employees on the basis of sex, race, religion, nationality, disability and age. Bias hiring, termination, promotions and compensation in organizations are highly discouraged by the laws on discrimination in employment. The employees need to abide by the regulations of the company so that they live a purposeful life in their employment without conflicting with the employers or the top management. In the Marshalls case, Grenville Jenkins is discriminated against as the member of the Sustainability team because he ought to rectify where he sees excessive spending by the company officials. This is supposed to help in the cost cutting measures of the company. Instead of listening and acting to his claims, the top management ignores him which makes him feel discriminated against. The board of the directors dismisses his allegations instead of seeing into his case by finding relevant measures to counter what he says. Jenkins is frustrated because the law on discrimination of employees does not apply in this case. If were operational, someone could have listened to his allegations and at least put some efforts in rectifying the excesses in the company. As a sustainability member in the company, Jenkins has the right authority to comment about such cases as those of extravagance (EEOC 2009, 1). Maureen Gibson Maureen Gibson, who is the sales representative, is acting against the confines of the company regulations. She has turned the working place to a Christian conversion center and does not heed to the instruction. She wears a crucifix on the uniform which against the rules of the company. Even if the law of discrimination suggests that no employ need to be discriminated against her beliefs, Maureen is abusing the opportunity she has been given to the company. When she is warned not t use the company as a preaching ground, she threatens to take legal action, which is an, overreaction. She is supposed to be answerable because of breaking the policies set to enhance equality in the company because she is a distraction to the employees in the company by preaching to them at the wrong place and time (EEOC 2009, 1). The company policy that denies wearing of jewelry on the uniform will counter the case she wants to file for the company. She is defiant and misuses the freedom in the company. She has been performing non business activities in the company premise by making the employees uncomfortable. This is against the rules of the company which she chose not to respect. When Maureen is approached by the line manager, she says that she is being denied her rights but, in actual sense she is working out her rights in the wrong place. She is supposed to hearken unto the rules stipulated by the company before taking a step to sue the company. No one is against her work but, the line manager is against her evangelism which affects the comfort of the other workers. The law should also be used to address the case in which the line manager was told about the Maureen’s behavior but ignored. The law should be used to sensitize the company managers and board of directors about the consequence of discrimination (EEOC 2009, 1). Gary Gary who is the primary career of his disabled son needs to be allowed to have flexible working arrangement because he needs to attend to his son needs. Denying Gary that opportunity is as well as discriminating against physical disability. This should be termed as open discrimination be cause the company is in a position to organize a flexible arrangement for Gary to be of use to his disabled son. The company representatives are answerable to the law on discrimination in the company where there is a need to respond to the requests of the company. The company top management who are in the jurisdiction of planning favorable moments for Gary to work in the flexible arrangement do not answer to his concerns hence portray themselves as unreliable or insensitive to his needs. Gary is supposed to move on and quit from the company to a post that will allow him to work as well as respond to the needs of his son. When an employee is not comfortable, his ability to work is not as expected due to lack of morale caused by the lack of satisfaction in the place of work. The law of discrimination is supposed to intervene in the affairs of the company where they change the way things are done by the workers (EEOC 2009, 1). 2. Partnership business Fran, Gail, Hannah and Ian have each fifty thousand pounds which is a suitable amount of money to necessitate them to start a partnership business. All of them are skilled workers with an understanding of conducting a business. They need to bring their resources together and ensure they have a constitution that helps them to run their business from set confines without practicing autonomous skills in the business. The four people need to have a winning business partnership which will enhance them to have results that will boost their results as well as enable them to improve the growth of their business. The partners need to put their former working relationship aside and ensure that they create a new business relationship because if they continue holding one another with the contempt, they may end up ruining the focus of the business. There is a need to agree on the same strategic direction that will help the business to move in a direction that will be of importance and achieve the set goals. The amount of money they invest in the business should be recorded so as to know hat percentage to receive when sharing the profits and losses in the business. The business partners need to capitalize on the strengths, as well as the skills of each partner, so that the partnership business becomes successful. One partner may take on marketing and the others finance operations among others until the business runs successfully. Effective Partnership business It would very effective if the business is run as a partnership by the four people because they have different skill that can be used to realize the potential of the business. The business needs to start with a partnership agreement which should regulate how powers are shared in the business. This reduces how the partners conflict because they ought to have a smooth relationship so as to help the business they set to prosper. If they become divisive in duties, the business may not stand for long. They need to have well elaborated contents of the business agreement that are known by all the partners in the business. The amount of equity that each partner invested should be recorded so that there is an agreement on how to share the financial obligations to the company. They should have an agreement on what business they need to start and how they will share the profits and losses in the company. For the effective running of the business, the company should come up with the manner in which partners can be compensated as well as how the distribution of assets should be handled upon dissolution. The provisions for changes or in the dissolving of the partnership should be well put across so that they will know what they ought to do if the business is no longer functioning as expected in their laid strategies. In case of death, thy need to come up with the direction they take so as to take care of the settlement case. This should be provided as the business runs so that they organize themselves in the right manner prior to the starting of the business. Expenditures and authorities should be restricted respectively so that there is no misuse of power in the company which can lead to disagreements. For a partnership business, there is the need to ensure that the family interruptions in the business are not allowed because they only cause problems in the running of the business. Partnership should be differentiated from the family affairs. Termination of the partnership business Termination of the partnership business happens only when the partners do not conform to the ways of the business or how the business is expected to be run. If the business does not have the financial capability run its affairs, it is dissolve because it does not have enough capital base which is required to run. The necessity of the partnership is that they contribute to the growth of the business and, if one of the partners buys the interests of all the other partners, the business is terminated as a partnership and sole proprietorship takes the business activities. The death of one partner also leads to the dissolving of the partnership but, this is in line with the agreement of the business partners. The company should not be run if there is no good relationship. The partners need to come up with a decision on when to dissolve the company. If they feel that they do not get the required results and all the strategies fail to help them, they may dissolve the company or the partnership business. 3. Anna Anna is discouraged because she has been discriminated against by her boss in Murray’s Limited. She expected to be promoted to a more senior position in the company but, to her amazement, a younger lady than her called Liz was promoted in place of Anna. This is detrimental in that it affects the morale of the worker who had all the prerequisites of being promoted only to be denied the opportunity she so waited for in the company. This affects Anna psychologically and can not be undone until the legal process is used. The reason as to why the boss acts in that manner is because he does not respect the law on discrimination on the employees by the employers. Employers feel that they have the power to bias their promotions ad compensations to the worker of their choice. The employees need to be familiarized with such laws people they are the only answers to their woes. Anna has a reason to forward a case of discrimination because she deserved the position that was given to Liz (EEOC 2009, 1). The employers ought not to discriminate the employees by all means be it age, race, origin among others. Anna needs to join a labor organization which serves as an activist movement for agitating for the rights of the workers. The discrimination act also ensures that the labor organizations d not discriminate workers in the cases of their gender, race, or any other inadequacy they may use against the workers. Anan should file a case in the courts which sue the company boss ad the company for forcing her to resign against her will. In the federal employment statutes that prohibit discrimination, title seven civil rights acts of 1964 discriminates all the aspects in which an employee is discriminated against. This applies to all the commerce organizations with more than fifteen employees, employment agencies and labor organization. The employers do not need to discriminate the workers in cases of hiring or termination. Anna was supposed to retire honorably and be accorded her promotion in the right manner. This can force the company to recall the promoted lady and undo the selection of the promotion (EEOC 2009, 1). Margret Margaret is also discriminated against by the workers who do not share the same race with her. They always have some racial jokes on her which makes her very uncomfortable. This is violation of the law of discrimination which should be used without discrimination on all employees, as well as the employers. There is a day when some employees threw some food to Margret near the canteen which did not auger well with her. This is an indication that they do not accept her as a member of the company staff. In Margret’s case she once told the line manager who dismissed her claims as that the other employees had fun. This is a race-based retaliation claim because the employees had reported to the line manager who operates just as the employees but retaliated on her claims. The case needs to be taken seriously because Margret feels uncomfortable in her place of work for the other employees cause discomfort to her. The law should be used to correct the company line managers as well as the employees who discriminate against Margret. The line manager tells Margret not to be so sensitive whereas, it is their job they are joking about in the manner they depress her when attending her duties. The company should be forced to pay an amount of money as a fine to Margret so that in the future it should be cautious when employees harass one another in the company. The individual employees who harass Margret should be punished in their own ways so that they serve as lessons to themselves and others as well because if this behavior is allowed in the company, they will all assume that it is normal to confront one anther in the company. The company top level management should come up with policies that warn people about discrimination of any kind in the company (EEOC 2009, 1). 4. Limited company Joe Salter wanted to convert his business into a company. This is advantageous to him in that the first ?10,000 of a limited company is not taxed. This is an indication that there are other opportunities that come up with opening a limited company instead of having a sole proprietorship business. Joe Salter did not consult the legal advisors before opening the limited company so that he could obtain the corporate veil which were to shield him from the opportunistic liquidation in the company. The company was more of a family business than a limited company because all the family members constituted the running of the business. This shows that would be defaulting of basic conventions set aside to enhance that the business runs smoothly. Joe becomes in charge of the company assets whereas the business is a limited company and not a sole proprietorship. The effects of incorporation are many because when a company starts operating, the initial ?10,000 is tax free which exempt the business from a lot of money which can not be done in a sole proprietorship. The customers and suppliers have more confidence in a limited company than in a sole proprietorship because larger organizations like dealing with limited organizations. This helps in capturing a wide range of consumers and winning the suppliers. The profits of the company are distributed as dividends to the shareholders whereby national insurance is not applicable for payment of dividends hence reducing the liability of tax to the business. In a sole proprietorship, the risk is on personal assets but, in a limited company, the risk is divided among the shareholders. The company needs to be revised because Joe has used all his family members and hence funded the business with his money. When the business experiences loss the business settles the costs just as a family business but not a company which risks the profits of the business. Joe Salter does not operate the company legally because he does not have the corporate veil which covers him in case of bankruptcy. The shareholders are his children and wife hence making family relations a distraction in his mission to achieve the goals of the business. With the formation of a limited company, there is the protection of the business because no two companies can be registered under one name. This is done in order to enhance further development of the business in the future. The cost of running a limited company is not greater as that which is incurred in running non limited company. The way in which the assets are managed in the company leans on one side hence risking the company in case of the liquidation this takes place. The results of the Joe Salter Company are that the family will bear the consequences and, they will not be able to prevent the family assets from being sold because they did not cover their company accordingly. If they had registered their company in the right manner where the legal approach was given a priority, they could have been helped by the corporate to cover the risks. Corporate veil It is a legal concept that detaches the personality of a company from the personalities of its shareholders. It protects the shareholders from being personally answerable for the debts incurred by the company and other obligations. This protection is not impenetrable. When a court determines that a company did not conduct its business in accordance with the stipulations of company legislation or that it operated illegal businesses, it may hold the shareholders personally accountable for the obligations of the company under the legal notion that leads to the lifting the corporate veil. Limited liability needs to be preserved because the corporate protection can be lost when the corporate veil is pierced, when the corporation is defective and when there is improper signing of the documents. If a company does not follow proper formalities in the corporation of the business, the corporate veil can be pierced. This is interpreted that the business was a sham or was out to defraud. Failure to follow corporate formalities shows that the business does not function as a corporation but as an alternation of the owner of the company. It is imperative to keep all the proceeding of the company meeting or minutes also avoid co-mingling accounts. This is an indication that the limited company is treated as a single entity in case it is sued. In case of a defective incorporation for instance where Joe asked his family members to form a company with him shows that their company was not legally formed. In case there is a case against their company the corporate veil will be lifted. The signing of the documents in the company needs to be done in a legal manner where there will be clearly set duties to the company. This ensures that there is no lopsided sharing of money. Should the documents be signed in the wrong manner, the corporate veil will be lifted hence leaving the company unprotected. List of References Equal Employment Opportunity Commission, 2009, Federal Equal Employment Opportunity (EEO) Laws, Viewed 15th December, 2011< http://www.eeoc.gov/facts/qanda.html> Read More