Business Exam
Q#1: Criminal Law: (2PGS)
Keeping in mind that civil law and criminal law differ both at the individual and business levels, answer all of the following a – c:
- Identify and discuss (3) significant crimes that affect business.
Embezzlement is a crime that affects both large-scale and small-scale businesses. It involves the failure to appropriately use a valuable commodity that a company has entrusted to an employee. It usually related to funds. For instance, an employee using funds allocated to a particular to do another task, falsifying revenue reports and overstated expense reports (Bressler, 2015).
Cybercrimes have become a significant type of crime that affects businesses. The current technology has made nearly every business to use computers in their operations. As a result, the risks of getting robbed through cyber-attack are high. Some of the cyber attacks include infecting files and the system with viruses, stealing customer list, accessing credit information and accounts. The crimes can be committed by employees who are in the business or the outsiders. Cybercrimes can cause a company to stop its operations if not noticed earlier and dealt with as soon as possible.
Theft and fraud are crimes that may seem minor, but they considerably affect businesses. Theft is the act of taking the property of a company without permission to do so or purchase. On the other hand, fraud is the assumption of another identity to gain benefits. Fraud and theft are common in all businesses. Some examples such acts include shoplifting, cash skimming, stealing of inventory, writing company checks and payroll fraud. Others are credit card fraud, money laundering, the taking of intellectual property and merchandise theft.
- In your particular profession/position/job, identify (2) areas that are susceptible to criminal actions.
The sector of information and technology is prone to theft. Data and communication are critical materials for any business. As a result, breaches in connection and communication can quickly occur through these devices, thus affecting the overall performance of the firm. Other cases nay include cybercrimes which may adversely affect the activities of autonomous work. Moreover, valuable information about the firm can also get lost or stolen.
Area dealing with finances is susceptible to criminal actions. Funds are essential to manage and run business operations. Some inaccuracies, theft or misappropriation can cause a business to fall. Some of the issues concerning finance areas include false inventory, payroll fraud, processing of fake invoices, falsification of revenue reports and exaggerated expense reports, among others. It is crucial to carry out an audit to ensure accounting of all finances in the business.
- Discuss SOX, Dodd-Frank and RICO within the context of criminal law and corporations.
Sarbanes-Oxley Act is a law that was enacted by the federal government to provide a solution to the problem of fraud in corporations in 2002. In criminal law, the act holds the employer liable for any conspiracy that may occur involving at least one employee. It also criminalizes an entity that will merge with another that has committed a crime. Moreover, willful blindness where the firm was unaware of crime and collective knowledge where the superior fails to know of illegalities of their junior is also punishable. The laws are meant to protect the general public and shareholders from fraudulent activities and accounting errors of a firm. It also aims to improve the accuracy of corporate disclosures.
Dodd-Frank is an act that deals with corporate criminal liability, mostly financial, by corrupt foreign practices. It is concerned with the unlawful bribery to other external officials of the company to obtain favours in decision or acts. Moreover, it rewards voluntary whistleblowers at least ten per cent of more of the sanctions collected. Additionally, the whistleblower is given protection by the law against demotion, discharge, harassments or suspension (Bakken, 2015).
Racketeer Influenced and Corporate Organizations Act (RICO) is a law that provides for a civilized cause of action and an extension for criminal penalties activities for an ongoing organization under criminal investigations. The act allows a corporation or its groups to make a civil action to recover damages they sustained from the commissioning the offence.
Q#2: Employment Law: (1PG)
Privacy is a global issue. Privacy in the workplace is developing at law. Identify at least (3) guidelines that employees should remember and three guidelines that employers should remember. Explain the relevance and importance of each.
Workers are entitled to privacy at work when using their gadgets at the appropriate time. The devices include phones, tablets or laptops, which can be used during a break. It is crucial because some employers can tend to invade the personal space of employees by monitoring their every move. Moreover, they can only do so through employee consent.
Employees have a right to privacy when using bathrooms and toilets. Some employers can put monitoring devices almost everywhere in their companies. However, they are not allowed to do so in a private place. Its importance is to promote ethics at workplaces.
Employees need to remember that despite the restrictions to access their file, they can do so if the employer refuses to give them after request through legal procedures. It is essential because one nay needs a copy to apply for another job or seek a raise in salary.
Employers need to remember that no other personnel, aside from them and the management can handle an employee’s file. Its significance is to curb other people, knowing your details. They can manipulate it or access valuable information about an employee.
Moreover, employers have the right to access any employees’ criminal records. It is crucial to get an individual before hiring them in a place of work. Thus, they are permitted to access employee criminal records.
Additionally, employers can access medical records if their workers. Its significance is to ensure they know the state if their employees because they are liable if any harm comes to them while at work. However, they should keep the records safe from other employees and only share it with the government or medical practitioner in time if help.
Q#3: Employment Law: (1PG)
Identify (4) new/emerging issues in the employment discrimination arena and discuss 1) how these issues are developing; 2) how these issues are impacting employees and employers; and 3) what do you predict legally, ethically and business-wise for each identified item?
Discrimination of disabled employees in workplaces continues to thrive in areas of qualification standards and leave inflexible policies. Some jobs give additional physical qualifications for applicants, thus discriminating the disabled. Moreover, others have no clear leave policies. The employee can feel discouraged to take leaves or seek for other part-time jobs because of the physical qualifications. Employers gain from such because they get good employees is who are working full-time. I predict it would be ethically appropriate for businesses to stop discriminating disable members of the society who are capable and qualified for jobs (Bagley, 2016).
Pregnancy-related limitations are a growing concern at jobs. Pregnant employees are being treated just like everyone else, yet they need special care. The mother to be can feel overworked, stressed and uncared. Moreover, they can develop complications. The employer can be affected by the reduced workload of a pregnant employee or medical emergency costs. I predict that accommodation at work for pregnant women is legalized to allow them to work according to the instructions of their medical provider.
LGBT discrimination is a new issue in the workplace. The employer can treat them differently. Thus the employee feels they are left out because of their sexuality. I predict the problem to have legal consequences so that all employees are treated equally at work.
Discriminating against Muslims continues because if their doctrines and negative perception about them. Muslim employees can feel out of place as their employees can feel threatened or uncomfortable with their practices. I predict legal actions to be taken to protect Muslim employees from discrimination at work.
References
Bagley, E. C. (2016). Managers and the legal environment- strategies for the 21st century. Yale University, Eighth edition.
Bakken, T. (2015). Dodd-Frank’s Extension of Corporate Criminal Liability through the Foreign Corrupt Practices Act: Enabling Whistleblowers and Monitoring Conflict Minerals, 36 Pace L. Rev. 1
Bressler, S. M. (2015). The Impact of Crime on Business: A Model for Prevention, Detection & Remedy. Houston Baptist University. Journal of Management and Marketing Research https://www.aabri.com/manuscripts/09202.pdf