Case Study : ' Employees '

Issue 1: Could the defendant (Bob Sugar) be charged with breach of contract and unfair competition for soliciting the plaintiffs (Jerry Maguire) clients?

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Hanrahan, P., Ramsay, I. & Stapledon, G. (2010), Commercial Applications of Company Law 10th ed. Sydney, NSW: CCH

No. For cases regarding the enforceability of covenants not to compete, the courts look at geographic and time factors to determine reasonableness and enforceability. When one area of the covenant not to compete is found to be unreasonable, the entire covenant not to compete is unenforceable. See Quality for example . In evaluating whether the geographical restrictions in a covenant not to compete are overly broad, Arkansas courts consider the following factors: (1) trade area of the employer; (2) employee’s ability to work elsewhere; (3) if its restriction affects the public interest and (4) the clarity of the restriction. When evaluating whether the time restrictions in a covenant not to compete are reasonable, the Arkansas court considers factors such as: (1) impact on ability to make a living; (2) time anticipated for training of new employees; (3) information becoming antiquated and 4) potential money loss of the company. The most relevant factors to be evaluated are trade area; ability to find work; ability to make a living and time

Pay and Rewards – pay and rewards attract, motivate and retain staff. The employment contract which lists rewards, whether it be pay, bonus or benefits, can remove animosity amongst employees and employers. However, recent research reveals that employees are no longer motivated by a financial reward alone, but

“Effective communication is a two way information sharing process which involves one party sending a message that is easily understood by the receiving party”

Therefore, Market West accepted the corporation stock as partial debt. Hooper and Yoder agreed to add Brian Bradley who worked for Market West as the third director. Hooper colluded with Bradley and violated a fiduciary duty to Yoder by issuing 95 shares of stock to himself, 5 shares to Bradley, and none to Yoder. Furthermore, Hooper got paid $141,000 salary from the business without Yoder knowing. More importantly, Hooper and Bradly voted to force Yoder to leave the corporation. After Yoder found out that Hooper broke their agreement, violated Yoder’s rights and duties, acted dishonestly, and made unethical decisions, Yoder sued Hooper and Beautiful Daydreams in the District Court. Under the common law, with these facts, the court supported Yoder and ordered Hooper to give back one-half of the salary plus one-half of the shares of stock to Yoder.

Ernst & Whinney should have evaluated the reliability of the insurance restoration contracts since it was created internally by ZZZZ Best. Furthermore, the limited details in the contracts as noted in the ten red flags that ZZZZ Best’s auditors allegedly overlooked should have raised certain professional skepticism of the auditors. While performing analytical procedures on ZZZZ Best’s financial statement, its auditors failed to notice the substantial excess in its profit margin for restoration projects comparing to the rest of the industry. Physical examination, although a very reliable type of evidence for auditors, was unreliable in this case. Barry Minkow and his accomplices went to great length to cover up their fraud and successfully deceived their auditor. Moreover, the auditors did not have the authority to corroborate evidence with outside third-party due to the confidentiality agreement with ZZZZ Best.

Employment relation is one of the vital and critical parts of HRM. For making an effective and healthy relationship between employers and employees, it is important to understand the perception of employment relations along with its importance in an organisation (Wang & Chen, 2005). Thus, if an organisation fails to understand its significance of employment relations and unable to manager employer and employee relationship efficiently, this might lead to impact on the organisation power and will deter its strength and profitability. According to Singh (2011), employee relations is basically a study of regulations, agreements and rules through which employees are accomplished with collective and individual group, importance imposed to individual

All over the globe retaining employees is a most critical factor for the organisations. High employee turnover is more common in private sector as compared to public. In construction industry, to reduce employee turnover and to improve the productivity of an organisation, organisations have to be aware of the reasons why an employees quit the organisation?. Employee turnover can be explained as the expenses, in term of money, time, and quality of work, that an organisation bear while replacing an employee. If an organisation fails to satisfy the needs of its employees then it is obvious that the employees will look forward to fulfill their necessities. This chapter discuss the reasons why employees quit their jobs.

Employees are at work, but are they actually engaged in their jobs? In October 2013, The Gallup Organization conducted a survey with 230,000 full-time and part-time workers in 142 countries which consisted of 12 questions. According to Gallup’s latest findings, 87% of workers are “not engaged” or “actively disengaged” and are emotionally disconnected from their workplaces (O'Boyle & Harter, 2013, p. 11). Most studies have broken the various types of workers into two groups, engaged and disengaged, but Gallup’s study has broken it down even further. They have determined that there are three types of employees: engaged, not engaged and actively disengaged (O'Boyle & Harter, 2013). The terms actively disengaged or not engaged are not

Employers have taken favor to these provided addendums in employment contracts and given all the requirements met have seen to be commonly enforced in the court of law. They are often popular in the market of media-related jobs, or any profession related to exposed entertainment personnel, like radio and media broadcasting. However, court systems and many states are not in total favor of this anti-competition covenant, some states have placed their own statutory restrictions on the covenant (ex: Florida). The state of California has actually ban these restrictive agreements when applied to employment contracts, unless the contract is under the sell of a business.

Though the issue looked like personal conflicts on the face, it actually stems from the friction between two departments fundamentally different in their working methods and thought processes. The fact that the two managers, Ellen and Ronnie, with different working styles leading these two departments has only compounded the problem. Ellen’s complaint was that Ronnie’s team is not sending their timesheets in time, which is leading to late payments from the insurer and shortage in cash flow. Even Ronnie acknowledges this but the solution appears to be different in each other’s minds. Ronnie is adamant that they just need more time, while Ellen is saying that genuine effort is required, not just time extensions. As much as

The reenergizing employees after a downsizing case study, explains the potential effects of downsizing a company, on both employees and the manager. Andrea Zuckerman is the editor in chief of Blaze and the person who must relay the message to the entire company. It is made clear throughout the case that Andrea does not agree with this downsizing and feels that it is wrong. However, due to the newspaper industry dwindling away and many people now reading the news from a mobile device, it must be done. Andrea’s biggest conflict is figuring out how to properly explain this downsizing to employees, as this is no easy task. The “new normal” that will be implemented consists of merging the five areas of reporting into either two or three. As said, explaining this situation to employees in a reasonable and understanding manner will be a complex task.

?A Nice Manager? case study is about the Chisum Industries? ready to promote within the company. The middle-level management can be promoted to top management. The top management team consist of six members Chisum, Jacobson,. Ivey, Hughes and Kennedy (Daft, 2014, p.487). The top management team is having an open discussion about potential candidates to run the San Antonio office. Harry is a middle level manager (Daft, 2014, p.487) who is being considered for Dallas interviews. In the discussion, Harry?s management skills are being discussed within the top management meeting.