Legal Challenges Facing the World-Wide Concepts Company - Assignment Example

? Preventive Measures Grade May, 10, Preventive Measures The worldwide Concept Inc. is a privately owned promotional company that is located in the Atlanta. The company was founded by a person called Adam Georgia. According to Adam, the company lives by its philosophy of approaching and also providing unique businesses and also those that are rewarding to both their clients and the employee. Adam adds that their employees are their founding future. He says that their success is mainly build upon standards of providing their employees with a unique, entrepreneurial culture that encourages pursuing ideas and also projects that they are passionate about (Corney, 1990). The company offers or provides the employees with adequate and quality training to enable them to transform their visions into reality. The company in question owns and also operates the Sizzler restaurants. The worldwide Restaurant Concept Inc was anciently known as Sizzler International Inc but later the name was changed to the worldwide Restaurant Concept Inc. However the worldwide concept inc. like many other companies around the globe has also been facing legal challenges due to a series of factors. There are main challenges that have become a menace to the World-wide restaurant concept Inc financial prosperity. The challenges are as follows. The main Legal issues/challenges facing the World-Wide Concepts, Inc. Company The first and the most head aching issue is the issue of disgruntled workers. This is greatly becoming a major head aching legal issues to the worldwide concept Inc. this is in the sense that, the employees have been granted by its law more freedom than in other companies and business firms. The freedom in particular is in the form of; they are allowed to form unions the unions fight for wrongful termination from this company. This has made it very difficult for the employers to fire the underperforming individuals in the company in order to avoid facing the law. This is because of the stiff laws set to defend the employees. For example there is a law that states that, if an employer terminates or fires an employee, he/she should make sure that the employee has signed the regal documents which have been cautiously drafted by an attorney upon the termination of the employee to make the terms for termination very clear. If an employee is terminated without the signing of the document, it leaves the door open or rather paves away for a legal action against the employer in of the firm. The second and also one of the fears issue is the issue of discrimination and harassment cases. The company in question has been facing these challenges for a long period of time, it seems that the more the company ventures into different nations, the problems grows bigger and bigger. These discriminations of all kinds from the sex, age or even age and many others have lead to very serious legal problems. The company’s CEOs have been arrested due to such related cases and have also lead to loss of money through the court fines. The companies should make sure that their human resources and also the legal team is well prepared to be able to handle these issues if in any case they occur. For the period of the hiring procedure, the firm’s CEO should ensure that he/she is prepared for all applicants resumes incase discrimination cases arise, this is in order to make sure that they hire the best and also the most qualified individuals in regardless of their gender, their ethnicity or even their age. The sufferers of pestering and discrimination likely have drawn attention from the media which in turn have tarnishes the companies’ reputation as well as draining their legal budgets. The third issue is the copyright and also the patent issue. This has greatly affected the designing field and partners of worldwide restaurant concept Inc who are based in Russia and India. The companies are often faced with aggressive patent legal action. This has lead to loss of money through law fines and other penalties. This situation, have indirectly affected the financial state whereby the company have ended up losing some of its clients in these countries. The companies in question have frequently sat on these patents for long, with a hope that maybe another company might inadvertently violate them, in acquiring easy cash through patent and also copyright lawsuit. On the other hand of the product development phase on their companies, they should make sure that their research and also their development team has done a thorough research the patent and the copyright on their products. They should do this to avoid any legal mess in the future. Another legal challenge that is facing the worldwide restaurant concept Inc today is in the case of dissatisfied customers or consumers. Customers that are not satisfied with a particular product in the quality and effectiveness of their services have taken legal processes and sued the company frequently. The company has in turn lost some of its core customers. Therefore, with less customers, it means the prosperity and superiority of the company is tampered with in one way or another. It has also tarnished the reputation of the company to the higher heights. To prevent or rather minimize these hectic legal pitfalls from reoccurring, there are several measures that the worldwide restaurant concept Inc should take. The measures are like follows. Measures that World-Wide Concepts, Inc the companies should take to avoid or minimize the legal pitfalls The first and the most important measures that the company should take off, is to ensure that their products are lawfully imported and they also meet all the legal requirements. And that the customs and import laws of the nation in question are met. In addition, they should make sure that they have all the required license and permits. By doing this, the Worldwide Restaurant Concept Inc company can minimize the chances of getting into wrangles with the nations laws. This will in turn increase the profit incomes of the company. Failure to observe this rules and procedures, it may result to severe legal actions. These actions include penalties and fines. It can also be pinching for products liability lawsuits to the individuals who are touched by these infringing products. This can in turn cause a great loss in finance towards the company. The second important measure that the world wide restaurant Inc company that should observe, is to ensure that the safety of consumers products are observed or rather improved. For example, the act of federal of us law that was passed in the summer of 2009 made it illegal for any company or business to sell any products for example children toys, books, clothes, cloches and even jewelry including other items that contain more than required levels of lead or phthalates. The penalties towards these climes are very stiff. The guilty ones face potential imprisonment terms and even fines that are not less than $100,000 and this is paid per violation (Carter, 2001). This act applies not only to the new items, but even to the existing stocks as well. The third important measure that the worldwide restaurant concept Inc company is supposed to put into consideration is to ensure that the company’s products and services are registered by the food and drugs administration. This will make sure that their products and services are legalized and lawfully confirmed especially in the products that are intended for human use. This was curtained by the America representatives by filing with the regard to every shipment and also certain the record retention by the record retention by the exporter in question. If the firm goes contrary to this law, in may lead to high legal penalties which might in turn affect its productivity and the ability to establish itself into other countries. The consequences for these violations are also very severe. Certain products that are destined for America must pass through a test that is done by the private organization, if certified; they are thus allowed to be imported. The companies in question will need to have a certification for their genuine products. This is done to avoid future conflicts and also for record. The fourth measure that the management of the company should consider is in the aspect trademark. This mostly applies to its partners in the Russia and India that deals with the software designs. If in any case they want to sell or buy goods and services to other companies under a particular trademark, the brand name or even the promotion slogan, the companies should make sure that that they undertake a layer search before having, or undertaking any business transaction. The search is done to ensure that there is no other existing trademark name or slogan, if there exists, the business should be terminated. This in turn helps to prevent conflict with other companies that may have the same company slogan or trademark. The fifth important measure that the company should take is in the aspect employment. The person in charge of employment should make sure that he/she employs the best employees; high experienced and skilled personnel minimize errors and thus minimizes future legal pitfalls that may face this company. Finally, the company should make sure that its products pass through the Copyright body of the country in question. This mostly applies to the items that are individually owned for example, music and books. In this case, the partners in India and Russia that lender products and services like software designs are greatly affected. By taking these couple of precautions, the partners will thrive in their businesses and thus will improve the performance of the worldwide restaurant concept Inc company. This is done in a proper and also in a timely way; failure to either of this, it can lead to very serious problems for the copyright company owner (Santos, 2010). Conclusions In conclusion, there are a lot of rules and regulations that needs to be followed to the latter. The rules range from the health, the quality of products the hygiene and many other. However, the worldwide restaurant concept Inc has not been able to fulfill all these rules and that has dragged it behind. On the other hand, it is very important for the company to observe these laws to avoid the conflicts between the law firms and the business bodies. If the company fails keep and maintain this rule of the law, they can face severe law penalties which may in turn affect their productivity. In other words, failure to observe these measures, they are the core causes of the regal pitfalls that are facing this company today. References Carter J. (2001) “Sale of Goods” Journal of Contract Law 14(1)93-105. Corney G. (1990) 'Obligations and Remedies” Under the 1980 Vienna Sales Convention' Queensland Law Society Journal 23(1)50-98 Santos R. (2010) 'Harmonisation of Internet Laws: Is the CISG a Good Source of ECommerce Law?' Internet Law Bulletins 13(2) 26 -70 Read More