Write a paper on an ethical assessment of a business issue.
Topics in the paper must include:
1. Analyze a company’s approach to an ethical issue.
2. Answer questions associated with an ethical dilemma to help clarify business decisions.
3. Analyze the role of leadership in promoting ethical behavior.
Ethical Assessment of a Business Issue Sample Answer
Ethical Assessment-A4
Introduction
Organizational ethics determines the manner in which organizations respond ethically to the entire internal and external stimulus that impact the nature of their operations. Corporate ethics expresses the values of an organization to other entities, consumers, and employees irrespective of regulatory and governmental laws. This paper conducts a study on an analysis of a Chipotle’s unethical behavior that saw the Mexican eatery engage in insider trading to raise funds for its joints. Secondly, the paper will answer questions associated with an ethical dilemma in a company to clarify an organization’s business decision and the role of leadership in promoting ethical behaviors.
Company’s Approach to an Ethical Issue
A fast-casual Mexican food chain also known as Chipotle over the past years faced ethical problems that tainted the name of its operations in the hospitality industry. According to Donaldson (2017), Chipotle’s chief executives enriched and fattened their pockets by inflating the eateries stock price by overpaying themselves with the firm’s shares of the over-valued stock. A more serious allegation was the company’s co-CEOs efforts in selling close to 108.0 million worth of the company’s stock and an inflated price through insider information that resulted in the fall of the price. Insider trading has received several connotations and definitions which include its legal and illegal activities. Insider trading is inferred to as the trading of a company’s bonds, stocks, securities, and stock options by individuals who have access to non-public information regarding a company.
However, insider trading can occur lawfully, especially when trading is done by corporate insiders such as directors, officers, employees and the stakeholders in buying or selling stocks to their company if this trading approach does not take advantage of non-public information and is conducted within the boundaries of the organization’s policies governing trading (Figar & Đorđević, 2016). In understanding the unethical aspect of insider trading, the practice engages insider parties that trade on non-public information that is gained through the performance of the insider obligation an organization, an issue that violates other relationships of assurance and faith especially when non-public information is stolen from an organization as evident in the case of Chipotle.
The managers of the company acknowledged the need to play roles in shaping the ethics of the organization and in seizing every opportunity in the creation of an effective environment that strengthens the reputation and relationship of the organization on which success lies. The firms approach detailed the need for a strategy based on integrity that required the organization to embrace robust standards (Figar & Đorđević, 2016). In as much as compliance remains rooted in negating sanctions, organizational integrity articulates the concept of self-governance in accordance with the organization’s guiding principles as defined in the code of ethics. From a perspective of integrity, Chipotle needed to have inhibited an ethics management approach that would help the organization in defining and giving life to its guiding values in a bid to create an environment that supports sound and ethical behaviors, hence instilling a sense of shared accountability in the company. The inclusion of an integrity strategy characterized by the conception of ethics plays integral roles in deriving ethical behaviors within an organization.
Questions Associated with Ethical Dilemma and Ethical Assessment of a Business Issue
What is the Nature of the Ethical Dilemma?
Allegation on the company’s co-CEOs efforts in selling close to 108.0 million worth of the company’s stock and an inflated price through insider information that resulted in the fall of the price indicates the nature of the ethical dilemma (Remišova et al 2014). In determining the nature of the ethical dilemma within the organization defining the nature of the dilemma through the application of principles and frameworks in understanding and resolving complex and moral dilemmas in Chipotle.
What actions would lead to a greater good for the greatest number?
The primary reason why several investors invest in capital into a company’s stock market remains in the fact that particular organizations mandate honest, fraud-free, and fair transactions in their stock market in a bid to uphold their image and integrity. The company needs to play a level field by holding company executives to their fiduciary practices (Remišova et al 2014). This approach allows the company executives the privilege and freedom of acting inside information in a bid to benefit themselves from such positive information, an aspect that reduces the amount of financial loss that may be incurred from negative information.
Analyze the Role of Leadership in Promoting Ethical Behavior
An organization’s ethics as alleged by Taub (2014) remains as good as its leaders. To create an effective organizational culture in Chipotle that supports and embraces ethical conduct and personal responsibility, the organization’s leaders need to ensure they serve as role models for employees. Leaders, on the other hand, need to foster an ethical culture that requires every individual within the firm to account for any conduct. This would consequently play an integral role in guiding individual behavior within the organization. Leaders need to incorporate actions that guard the organization’s reputation and long-term success through the consideration of responsible and ethical conduct. The leaders are required to show trust through accountability and transparency, with this behavior effective in supporting ethical conduct and truthfulness in the organization.
Ethical Assessment of a Business Issue Conclusion
As established in this paper, organizational ethics infers to responsibilities that organizations undertake in conducting their business functions in a transparent, respectable, and honest manner. An organization’s ethical climate has the capacity to improve employee morale and in enriching the organization’s commitment, hence fostering the involvement and retention of employees.
Ethical Assessment of a Business Issue References
Donaldson, T. (2017). Donaldsonian Themes: A Commentary. Business Ethics Quarterly, 27(1), 125-142. doi:10.1017/beq.2016.53
Figar, N., & Đorđević, B. (2016). Managing an Ethical Dilemma. Economic Themes, 54(3), 345-362.
Remišova, A., Lašakova, A., & Bučio Va, Z. (2014). Ethical-Economic Dilemmas In Business Education. Business, Management & Education / Versa, VaidyaRiStudios, 12(2), 303-317. doi:10.3846/bme.2014.238
Taub, S. (2014). The Morning Brief: Martoma Defense Rests in SAC Insider Case; Jury up Next. AR Magazine, 6(1), 49.
Organisations must accept that a continuous pattern of necessary change is an integral element of sustainable growth and development. The scope and scale of required change flows from developments in the character of both internal capability and external operating environment, and these developments are prefaced by change drivers that are classifiable according to parameters of scope, timing and urgency. A commonplace practice amongst organisations is to react to the impact of change drivers once the full implications of that impact are felt, but a more effective approach is to scenario plan the future in order to more accurately anticipate the emergence of change drivers.
Organisations, and the individuals who work for those organisations, are better able to design and implement an optimally effective change response as a result.
This week’s Key Concept Exercise requires you to reflect on the underlying principles of change that have been discussed this week, and to use those principles to anticipate the possible options that lie in wait for the recently restructured Deseret News organisation. The key question in this Exercise is ‘what will the operating environment look like for this organisation in 5-years’ time, and ‘what does it need to do now to prepare for that environment?’
To prepare for this Key Concept Exercise:
• Read the Required Learning Resources for week 2. Which sent by email
• Reflect upon the ideas presented in the Week 2 Key Concept Overview and the assigned journal articles.
• Review the case study example of the Deseret News, in Gilbert, Eyring and Foster (2012).
• Use the scenario planning processes described in the article by Konno, Nonaka and Ogilvy (2014a).
• In formulating your Key Concept Exercise, consider the following requirements:
o Provide an outline description of what you believe would be a ‘best case’ vision (the set of circumstances that would be most favourable) of what the Deseret News operating environment might conceivably look like 5 years from today. Include a comment on those aspects of the operating environment that you consider to be particularly influential over the planning decisions the organisation will make today.
o Provide a parallel ‘worst case’ vision (the set of circumstances that would pose the greatest threat), using the same criteria used to develop your best case vision.
o Briefly explain whether you believe the best or worst case scenarios are more likely to develop, providing a justification for your opinion.
o Suggest specific things that Deseret News could do now in order to maximize its capability to cope with either version of the future.
SAMPLE ANSWER
Introduction
In consideration of the fact that the world is currently changing at a first speed that requires organizations to understand the need and opportunity for change before their performance results begin dwindling. It is against this that it is imperative to ascertain that managers experience difficulties in determining some of the changes that need to be incorporated within their organizations, developing a strategic approach of achieving these changes, and to manage the process of change, with the aim of achieving the desired outcomes (Gilbert, Eyring & Foster, 2012, pp.67). Without considering the element of change and adapting to new market needs and trends which result from globalization, organizations are likely to experience challenges in efficiently and effectively achieving their performance. This paper consequently seeks to establish the manner in which an organization (Deseret News Company) may consider the change element in effectively achieving its goals.
The Need for Change Management in Deseret News Organization
As detailed, between the year 2008 and 2010, Deseret News is considered to have lost close to 30% of its display-ads, including 70% of some of the organizations classified revenues, an aspect that is attributed to the growing internet startups that assaulted the organizations subscriber and advertising base (Gilbert, Eyring & Foster, 2012, pp.67). In this case, it is essential to consider that Deseret News only focused its attention on local daily newspapers even with the changing environment that was embracing the aspect of digital publishing as a viable long-term position.
This clearly necessitates the need for change management, a dual transformative approach that would see this organization incorporate who are well vast with the knowledge on digital publishing (Gilbert, Eyring & Foster, 2012, pp.67). For this reason, the organization needs good planning in achieving its success, an aspect that would require the organizations management to predict its future performance in the same industry.
Deseret News Organization Best Case Vision
Deseret News best case vision would consider the organizations environment that details some of the forces that surround its functions and that affect its performance (Morgan, 2011, pp.13). These include some of the elements that exist outside the organizations boundaries. In this case, Deseret’s best case vision over the next five years would include:
Deseret’s Internal Environment
This organizations internal environment would consist of factors that expose its strengths and weaknesses that include:
Leadership approaches
The organizations culture and mission statement
The behaviors of employees towards change
It is essential to detail that Deseret’s internal environment remains different from that of its competitors since its leadership seems detached from the spontaneous needs of the market, an aspect that details the challenges it has experienced in the market (Morgan, 2011, pp.13). On the other hand, Deseret’s leadership remains incapacitated in initiating the element of creativity, imagination, and ingenuity in solving the problems the organization encountered, an aspect that requires change over the next five years.
Deseret’s External Environment
Deseret’s external environment entails some of the elements that surround the organization and influence its activities and decisions in determining some of its opportunities and threats in the market. These factors include:
Competition from the organizations rivals
Customers opinions
Economic conditions
The organizations external environments are likely to affect its decisions in regards to making changes considering the fact that the customers are turning to digital publishing as compared to the local dailies, an aspect that denotes their need for a superior product at a better price (Nadina, 2011, pp.708). On the other hand, the condition of the economy would determine the behavior of consumers, thus requiring effective understanding of the market.
Deseret News Organization Worst Case Vision
In establishing Deseret’s worst case vision, it is important to note that failure in implementing change within an organization has some considerable implication on an organizations change and development process (Mariana, Daniela & Nadina, 2013, pp.1606). Some of the factors that would result in a worst case vision include:
Leaders rush in changing their organizations without proper planning
Lack of innovation
Failure to incorporate a formal strategic plan
In view of this, it is imperative to ascertain that the organization is in a position to incorporate the best case vision, an aspect that can be justified in its approach to incorporate leaders who understand the market trends and change the company’s approach from the production of local publications into digital newspapers, an aspect that establishes the organizations dominant story (Nadina, 2011, pp.708).
Change Management Approach in Deseret
Upon realization of the internal and external factors that affect the performance of the organization, its managers have an uphill task in initiating processes towards organizational change, an aspect that is achieved upon the identification of some of the existing opportunities for the organization to improve its business processes. In order to achieve this, the organization would consider a proactive change approach that would establish a rapid success into its performance and progress (Noboru, Ikujiro, & Jay, 2014, pp.30).
In this case, the most essential role in initiating proactive changes would be achieved in the event the organizations managers develop new products that have the capacity to generate change in the consumer’s behavior, an aspect that would enable the organization to achieve its competitive advantage over some of its competitors (Noboru, Ikujiro, & Jay 2014, pp.46).
Conclusion
As detailed in this paper, the world is currently changing at a first speed that requires organizations to understand the need and opportunity for change before their performance results begin dwindling. It is against this that it is imperative to ascertain that managers experience difficulties in determining some of the changes that need to be incorporated within their organizations, developing a strategic approach of achieving these changes, and to manage the process of change, with the aim of achieving the desired outcomes.
Mariana, P, Daniela, B, & Nadina, R 2013, ‘Forces That Enhance Or Reduce Employee Resistance To Change’, Annals Of The University Of Oradea, Economic Science Series, 22, 1, pp. 1606-1612, Business Source Complete, EBSCOhost, viewed 18 August 2016. Retrived From: http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=90545859&site=ehost-live
Nadina, RR 2011, ‘Methods of Identification of the Need for Organizational Change as Being Opportune’, Annals Of The University Of Oradea, Economic Science Series, 20, 2, pp. 707-712, Business Source Complete, EBSCOhost, viewed 18 August 2016. Retrived From: http://search.ebscohost.com/login.aspx?direct=true&db=bth&AN=71959503&site=ehost-live
Noboru Konno, Ikujiro Nonaka & Jay Ogilvy 2014 Scenario Planning: The Basics, World Futures, 70:1, 28-43, DOI: 10.1080/02604027.2014.875720. Retrived From: http://dx.doi.org/10.1080/02604027.2014.875720
Noboru Konno, Ikujiro Nonaka & Jay Ogilvy 2014 The Mind of the Scenario Thinker, World Futures, 70:1, 44-51, DOI: 10.1080/02604027.2014.875723. Retrived From: http://dx.doi.org/10.1080/02604027.2014.875723
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Strategies Needed for Small Retail Businesses to Sustain Beyond 5 years;Prospectus
Order Instructions:
This paper is critical as the previous paper had numerous problems and so I am changing the topic and starting all over again. I will upload a sample paper of which the writer will build on. It is important that the writer write this paper following the format of the sample paper. The writer will start from the problem statement and will follow how the writer in that paper develop that paper. the owner has choosing a topic similar to that of the sample paper so that the writer will use as much information as possible from that paper to build this new paper. This is a qualitative paper and the writer must pay attention to that fact. The writer must pay attention to passive voice as he write this paper. The sample paper is not in APA format, but the writer must use APA 6th edition throughout the paper. The writer must pay attention to sentence structure and grammar as he write the paper. The writer must also bare in mind that this paper is a continues paper and the reference cannot be more than 4 years old. The writer must use only but pear review articles for this paper as he will see some references from the sample paper. The writer will use the state of Maryland to writer the paper. the small business will coming from Maryland. so all the research will be from Maryland.
SAMPLE ANSWER
Prospectus: Strategies Needed for Small Retail Businesses to Sustain Beyond 5 years.
Problem Statement
Small businesses form a valuable part of the economy of the United States of America. However, they face the problem of entropy which can be defined as the closure of a business organization. Abatecola (2013) revealed that 20% of the small business operating within the American market fail within a period 5 years because of poor entrepreneurial strategies. Thus, the general business problem is that new business owners pursue their economic endeavors without referring to growth tactics or strategies. The specific business problem is that there is lack of entrepreneurial strategies among small business owners which could enable their businesses to remain in business for the first 5 years.
Purpose Statement
The purpose of this qualitative multiple case study is to investigate the strategies that small business entrepreneurs use to remain in business for the first 5 years. The participants of the study are small business entrepreneurs who operate within Annapolis, Maryland. The businesses will have had less than 50 employees and were profitable in the last 5 years. Moreover, the study may become an instigator societal development by encouraging the development of small businesses. Increasing the income that these businesses bring in can lead to the development of the community without having to depend on governmental resources. Increased employment will ensure that people are living above the poverty line.
Nature of the Study
Qualitative research can be categorized into four groups: ethnographic, phenomenological and case studies. Cronin-Gilmore (2012) defined ethnographies as qualitative research designs that entail private or open participation in the daily lives of the people endeavoring to explore their relationships, feelings, and beliefs (elements of culture). As much as this research study entails the study of businesses, there is no focus on the study of their cultures. The phenomenological is also not applicable to this research because the purpose of this study is not to consider the individual world perspectives on the subject matter. A case study, on the other hand, is most appropriate. Cumming and Li (2013) identified the case study approach as a research design that entails the investigation of a case with the sole purpose of producing similar outcomes. That type of case study that involves two or more case studies is the multiple case study approach. Determining the entrepreneurial strategies that small business owners are using to succeed in their business for more than 5 years means that this research will have to adapt to the descriptive, multiple case study design.
Research Question
What strategies are small business entrepreneurs in the American market using to sustain their businesses for more than 5 years?
Interview Questions
Describe the barriers that you encountered when trying to incorporate entrepreneurial strategies to your business.
Which strategies did work that have enabled you to succeed for more than 5 years?
Which strategies did not work for your business?
Which strategies would you recommend other business to pursue?
Is there a specific strategy that you can identify with as one that has guaranteed your success?
What else do you think I should know about your business that I have not asked?
Theoretical/Conceptual Framework
The theory of economic development is the conceptual framework that this research will follow. It is a theory that dates to 1939 when Peter Schumpeter presented it as the transformation through economic innovation (Acs, Audretsch, & Lehmann, 2013). Moreover, the framework has its core innovation and strategic functions centering on the solid operational basis that business achieves through decisions that ensure the continued success and profitability of the business. The theory is applicable to this research study since the study is focused primarily on the success of small businesses which are a part of the functionality of the economy.
Significance of the Study
Small businesses are an integral part of an economy because of their support to the health and wellbeing of the economy. These businesses could create a net of 62.9 percent of new jobs between 1993 and 2013 (Alkali, 2012). That revelation is significant as it displays the direct participation of small businesses in the sustenance of the economy. They are also a source of revenue for the government through taxes and a source of livelihood for the people of America (Alstete, 2014). Thus, this study incorporates the mindset of change in this industry concerning success of the small businesses. Change can be advantageous to the sector as it will allow these businesses to grow and expand. The development of these businesses means the transformation and development of the areas in which they operate.
Contribution to business practicenot APA format
The year 2012 marked the year the profits of small enterprises totaled about two- thirds of all the available enterprise jobs (SBA, 2014). Small business owners were also able to employ 50% of the workforce operating in the private sector (SBA, 2014). This was a advantageous to the small business owners with startups whose age is less than five years of their potential to create high numbers of jobs (SBA, 2014). The years 2007 and 2009 mark the financial turmoil from which many organizations are still struggling to recover (Street & Ward, 2012). Abidin et al. (2014) asserts that economic instability identifiable when over 40,000 business owners filing for personal bankruptcy. Thus, understanding the cause of the rampant bankruptcy among the business owners (which could be poor strategies) in the hope of deciphering the potential causes of economic instability is integral.
Implication for social change
Understanding the current strategies that small businesses use will result in an increase the ability of these businesses to provide employment to the members of the local community. Moreover, it will lead to the development of social amenities such as banking facilities that will favor the locals.
References
Abatecola, G. (2013). Survival or failure in the organizational life cycle. What lessons for managers? Journal of General Management, 38, 23–38. Retrieved from http://art.torver gata.it/handle/2108/75867
Abidin, R., Hasnan, N., Abdullah, C., Mohtar, S., & Zulhumadi, F. (2014). The relationship between social capital and technology transfer performance: A study on companies in the technology park. Journal of Southeast Asian Research, 3(1), 1–9. doi:10.5171/2013.11672
Acs, Z. J., Audretsch, D. B., & Lehmann, E. E. (2013). The spillover knowledge theory of entrepreneurship. Small Business Economics, 41, 757–774.doi:10.1007/s11187-013-9505-9)
Alkali, M. A. (2012). An empirical study of entrepreneur’s educational level and the performance of small business manufacturing enterprises in Bauchi State, Nigeria. Interdisciplinary. Journal of Contemporary Research in Business, 4, 914–923. Retrieved from http://www.ijcrb.com/archives.html
Alstete, J. W. (2014). Strategy choices of potential entrepreneurs. Journal of Education for Business, 89, 77–83. doi:10.1080/08832323.2012.759094
Bublak, D. R. (2013). Barriers to small business participation in federal overseas contracts and subcontracts (Doctoral Dissertation). Retrieved from Pro Quest Dissertations and Theses. (UMI No. 1473898282)
Burdin, G. (2014). Is worker managed firms more likely to fail than conventional enterprises? Evidence from Uruguay. Industrial and Labor Relations Review, 67, 203–238. Retrieved from http://www.econstor.eu
Byrd, K., Ross, L. W., & Glackin, C. E. W. (2013). A preliminary causal analysis of small business access to credit during economic expansion and contraction. Journal of Applied Finance and Banking, 3, 77–84. Retrieved from http://www.scienpress.com/journal_focus.asp?Main_Id=56
Criscuolo, C., Gal, P. N., & Menon, C. (2014). The dynamics of employment growth: Evidence from 18 countries (CEP Report No. 1274). London, England: School of Economics. Retrieved from http://eprints.lse.ac.uk/60286/1/dp1274.pdf
Cronin-Gilmore, J. (2012). Exploring marketing strategies in small businesses. Journal of Marketing Development and Competitiveness, 6, 96–107. Retrieved from http://www.na-businesspress.com/jmdcopen.html
Cumming, D., & Li, D. (2013). Public policy, entrepreneurship, and venture capital in the United States. Journal of Corporate Finance, 23, 345–367. doi:10.1016/j.jcorpfin.2013.09.005
Dahmen, P., & Rodriquez, E. (2014). Financial literacy and the success of small businesses: An observation from a small business development center. Numeracy, 7(1), 1–14. doi:10.5038/1936-4660.7.1.3
Leitch, C. M., McMullan, C., & Harrison, R. T. (2013). The development of entrepreneurial Leadership: The role of human, social and institutional capital. British Journal of Management, 24, 347–366. doi:10.1111/j.1467-8551.2011. 00808.x
Street, C. T., & Ward, K. W. (2012). Improving validity and reliability in longitudinal case study timelines. European Journal of Information Systems, 21, 160–175. doi.10.1057/eji s.2011.53
U.S. Small Business Administration. (2014). What is a small business? Retrieved from http://www.sba.gov
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please use the same writer that wrote order # 114630 please. this second assignment has something to do with my first assignment #114630
THE FIRST ASSIGNMENT WAS WELL OK.
SAMPLE ANSWER
Assignment 2: Operations Decision
Introduction
Food industry in the United States has over the recent past undergone significant changes (Cachon & Terwiesch, 2012). The changes in the food industry have involved the emergence of low-calorie foods that are frozen and microwavable since they have gained wide acceptance among consumers across the country. According to Andreyeva,Long and Brownell (2010), this trend of increasing acceptance of low caloric foods that are frozen and microwavable has been motivated by heightened awareness among consumers towards healthy foods as well as healthy eating habits. The two leading competitors within the United States in the food industry involving the production of low-calorie as well as microwavable foods are: Healthy Choice which is a subsidiary of ConAgra and Lean Cuisine which is a subsidiary of Nestle Foods. In the United States, these two companies in the food industry control a significant market share and both have a considerable grip in the food industry market. These two features of the identified companies have enabled them to grow tremendously over the last decade with regards to revenues as well as range of their food products. In order to satisfactorily answer all the questions asked in Assignment 2, reference is made to the regression calculations presented in Assignment 1 and answers to varied operation decisions are as follows:
Market structure analysis is an important marketing plan tool that provides insights into the required strategies (Russell & Taylor, 2005). Saito (2011) noted that the food industry market needs are considered to significantly influence sales volumes and revenue of such companies subsequently impacting of their profitability. This means that it is imperative to carry out an analysis of growth trend of the target market since it shows the companies’ ability to predict or forecast future market trends, which is important in facilitating long-term decisions to be made. The market structure in the food are rapidly changeable and quite dynamic in the United States even though they can vary from one state to another or from one region to another within the same state (Noreen, Brewer & Garrison, 2013). Therefore, the companies should ensure that the appropriate market structure is embraced since the imperfectly structured market characterized by oligopoly require effective managerial and operational strategies in order to achieve competitive edge in the market (Luke, Froed & McCann (2015).
According to Best (2010) and Daly (2012), there is a vast range of factors that can be attributed to market structure changes, and two of the most important factors considered include consumers’ income levels and consumers’ tastes and preferences. These two factors are majorly the cause of shifts in the demand of products in the market. For instance, an increase or decrease in the income levels of consumers can either result to increased or decrease consumers’ purchasing power subsequently leading to diminishing demand for products (Cachon & Terwiesch, 2012). Also consumer tastes and preferences is the other fundamental factor that playa a vital role in determining market structure and its monitoring should be carried out regularly (Baye & Prince, 2013; Mankiw, 2014). According to Whelan (2011), consumers’ tastes and preferences determines whether they are interested in a particular product; whereby high interest translates to more sales, while low interest results to low sales. Thus, the company should consistently monitor these two factors and ensure they remain favorable by implementing the necessary corrective actions whenever signs of unfavorability are observed (Forstater, 2007; Mankiw, 2014).
Analysis of the market structure is a vital process in determining the position of a company in the market. Thus, on basis of the assignment 1 calculation results, the cost functions of Lean Cuisine both long-run and short-run can be determined by calculating performance indicators of the company in the market including AVC, VC, TC, ATC as well as MC as shown below:
Short-run Equilibrium
Long-run Equilibrium
In both calculations, that is, in the determination of the short-run and long-run equilibrium prices are observed to remain equal to quantity subsequently leading to equilibrium in the cost functions of the company. According to Baye and Prince (2013), market dynamic variations are attributed to upward and downward shifting of the equilibrium quantities. As a result, the obtained information can be used to realize optimal product demand through appropriate shifting of the prices in a direction that is favorable to consumers (Andreyeva,Long & Brownell, 2010). According to Daly (2012), the obtained information is also vital in identifying price changes that are unfavorable in a timely manner in order to allow corrective or mitigation interventions to be appropriately and swiftly taken (Best, 2010).
The expectations of any company when beginning or expanding its operations is that they will be prosperous, but sometimes circumstances become unfavorable forcing discontinuation of the operations. Baye & Prince (2013) note that a company has the ability to decide on discontinuation of its operations either in entirety or in some divisions based on the operational or market conditions, especially when they become unfavorable. The circumstances that can lead to discontinuation of operations include when the demand for the manufactured products dwindles as well as when the products become obsolete (Saito, 2011). These two circumstances can be caused by new entrants in the markets or changes in consumer demography as well as technological advancements that make machinery and systems outdated (Cachon & Terwiesch, 2012). According to Saito (2011), necessary modifications of the old machines can be done to avoid discontinuation of operations and also the company should allocate a higher budget to research in order to ensure new, appealing and high quality products are produced. However, if the modifications do not succeed, the company should look for alternative products that can be produced by the same machines and systems failure to which they should be sold prior to more depreciation subsequent to discontinuing operations (Best, 2010; Cachon & Terwiesch, 2012; Luke, Froed & McCann, 2015). Andreyeva,Long and Brownell (2010) emphasize that it is imperative for the company to gradually discontinue its operations through a step-wise disposal of associated facilities.
The pricing policy can be used to ensure profit maximization is achieved by leveraging on elasticities. For instance, in the food industry where the company operations are based is very competitive and rapidly changing market dynamics making it necessary to make frequent evaluation of its products’ price elasticity against competitor products as well as prevailing market conditions in order to determine the appropriate strategy for competitive edge to be achieved (Daly, 2012). Therefore, the company should embrace price reductions mostly through discounting in order to increase demand for its products and subsequently make its food products more appealing and affordable to consumers so that it can achieve increased sales and revenues as well as improved profitability (Daly, 2012).
It is undoubtedly evident from previous discussion that, optimal profitability of the company is only achievable through implementation of pricing strategies that have been effectively developed (Daly, 2012; Mankiw, 2014). This is attainable by ensuring that customer income levels and demographics are appropriately articulated with regards to the prevailing economic situations. According to Luke eta al. (2015), the company can leverage on these factors to evaluate its financial performance mostly through its long-run as well as short-run profits, revenues, sales volume and ultimately market share growth. This approach is undeniably very vital because it encompasses periods of economic hardships as well as periods of favorable economic conditions; whereby in the former economic situation pricing strategy adopted is fundamental is determining financial performance, while in the latter economic situation quality and convenience factors gain significance in determining demand (Luke, Froed & McCann, 2015).
With regards to the supply and demand calculations carried out for the determination of the company’s equilibrium both in the long-run and short-run operations, it is imperative to implement effective interventions in order to improve the company profits as well as ensuring that the stakeholders are delivered with more value. The appropriate strategies ought to follow a properly laid down plan including brainstorming, implementation and monitoring. Embracing this approach or plan is highly imperative to ensure the company competitive edge in the market is maintained ultimately leading to increased revenues and profitability. As a result, the two actions that are recommended to ensure This is attributable to the fact that, this approach is important in order to ensure that there is improvement in the company’s profitability as well as ensuring that the stakeholders are delivered with more value include:
There will be need to increase capital investment particularly in the area of research and new product development. Through continuous research and adoption of cutting edge technologies in food manufacturing, the company will be able to consistently produce high quality and novel food products (Mankiw, 2014). According to Whelan (2011), this is an essential strategy in enabling production of food products that are more appealing to consumers at low production and operational costs, which will in turn improve the company profitability.
The other recommended action will be to devise and implement a marketing plan that is effective through appropriate advertising and promotional strategy to improve visibility of the company’s food products in the market and dispel the stiff competition (Cachon & Terwiesch, 2012; Daly, 2012). The company will be required to advertise its food products through a variety of promotional channels both mainstream and upcoming ones, methods and/or techniques as well as media outlets (Baye & Prince, 2013).
References
Andreyeva, T., Long, M. W., & Brownell, K. D. (2010). The Impact of Food Prices on Consumption: A Systematic Review of Research on the Price Elasticity of Demand for Food. American Journal of Public Health, 100(2), 216-222. doi:10.2105/AJPH.2008.151415.
Baye, M. & Prince, J. (2013). Managerial Economics & Business Strategy, (8th ed.). New York, NY: McGraw-Hill Education.
Best, R. (2010). Market-based Management, (3rd ed.). Upper Saddle River, NJ: Prentice Hall.
Cachon, G. & Terwiesch, C. (2012). Matching Supply and Demand: An Introduction to Operations Management, (3rd ed.). New York, NY: McGraw-Hill Education.
Daly, J. (2012). Pricing for Profitability, (4th ed.). Hoboken, NJ: John Wiley & Sons, Inc.
Forstater, M. (2007). Economics. Chicago: Chicago Review Press.
Luke, M., Froed, B., & McCann, B. (2015). Managerial Economics. Boston, MA: South-Western College Publishers.
Mankiw, G. (2014). Principles of Microeconomics, (7th ed.). Boston, MA: South-Western College Publishers.
Noreen, E., Brewer, P., & Garrison, R. (2013). Managerial Accounting for Managers, (3rd ed.). New York, NY: McGraw-Hill Education.
Russell, R. S. & Taylor III, B. W. (2005). Operations Management: Quality and Competitiveness in a Global Environment, (5th ed.). Hoboken, NJ: John Wiley & Sons, Inc.
Assignment requested deadline November 5; NLT 7pm. Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper. You may access the school’s website by logging into: https://mycampus.southuniversity.edu/portal/server.pt
Please note that when you log into the website you must click launch class, and on the next screen click syllabus to view this week’s readings (weeks 4&5) and Academic Resources to access the school’s library.
To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Below is feedback by professor from previous assignments, please apply.
Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary
Read the scenarios and the questions that follow. Identify the legal issue(s) and apply legal concepts and possible arguments for each question. Prepare a solution for each question using laws, cases, examples and/or other relevant materials. Support your answers with applicable law and material from the textbook. By Saturday, November 5, 2016, prepare a 5- to 8-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format.
The Dilemmas
In the four years since Devon started Yard Tech in Florida, he incorporated the business, purchased two trailers and two pickup trucks, rented a storage facility for his trucks and equipment, and hired 2 full time employees. Yard Tech services include mowing, edging, mulching, planting, pruning and a variety of landscaping services. Yard Tech also offers pool cleaning services for a few clients. As expected, Devon and Yard Tech experience several scenarios while conducting operations.
Manny, a Yard Tech employee was mowing a yard when the homeowner’s dog escaped from his enclosure and bit Manny in the arm and ankle. The bite to the ankle severed a tendon that required extensive surgery and required months of physical therapy. Manny was unable to work for four months.
Myron was allowed to drive one of the company trucks to and from work because he was responsible for the territory in his part of town. Taking the truck home allowed Myron to go directly to the jobs without wasting time and gas to go pick up the truck each day. When driving home from work, Myron was involved in a collision with Hanh Nguyen. At the time of the accident, Myron had taken a detour in order to stop at the grocery store to pick up a few items and go home. Nguyen’s vehicle was totaled and she missed approximately two weeks of work recovering from her injuries. Nguyen sued Myron and Yard Tech. Myron suffered a broken leg and missed two months of work.
Although Devon considers himself an equal opportunity employer, he refuses to hire anyone who is not a heterosexual male or female based on his religious beliefs. Rey, a woman with 5 years of experience in landscaping applied for a job at Yard Tech. Devon hired Susan who only had two years of experience. Rey felt that she was discriminated against because she was a lesbian.
Because Devon often worked 12 to 14 hour days in the summer, he took his poodle, Brutus, to doggie daycare. Devon completed all of the forms and signs the authorizations without reading them. One day when Brutus was at daycare, he became covered in mud after running around with a golden retriever in the play yard. When the groomers gave Brutus a bath, he collapsed and died.
On December 31, 2013, Devon entered into a 5 year lease for a storage unit with Rudy. In September 2014, Devon discovered he needed more space and found a great deal on a storage facility with indoor and outdoor space for his vehicles and equipment. Instead of leasing, Devon purchased the entire storage facility with the intention of renting out some of the space to help pay for the purchase. Devon knew that Rudy would not let him out of the lease, so he assigned his rights under the lease to Girish on January 2, 2015. Girish used the storage unit and made payments for five months. Without Rudy’s or Devon’s knowledge, Girish vacated the unit end of July without paying for June or July and still owing the remainder of the rent for the lease period.
When Devon purchased the storage facility, he obtained a mortgage from Regions Bank.
• Discuss the potential liability for Yard Tech and the homeowner for the dog bite. Explain the type of insurance, if any, that Devon should maintain for Yard Tech. Be sure to establish a proper legal foundation for your responses.
• Discuss the arguments each party (Myron, Yard Tech and Nguyen) will make related to liability in the accident. Decide which party or parties should be liable and provide support for your choice.
• Determine whether Rey will succeed if she files a discrimination lawsuit against Yard Tech. Discuss state and federal laws that support your answer.
• Using principles of bailment, determine whether Devon could recover damages from the doggie daycare for Brutus’ death.
• Which party is liable for the remaining rental payments? If the party liable for the debt does not pay and Rudy obtains a judgment ordering payment from that party, what are Rudy’s options for seeking payment?
• Explain Devon’s rights in the property, including responsibilities for taxes, payments and future sale of the property. What are Devon’s rights if he defaults on the mortgage and the bank forecloses on the property?
• Identify and explain any ethical concerns that Devon may encounter
• Conclude your paper by providing suggestions for Devon to help prevent future occurrences of these types of legal and ethical problems.
Support your answers using the appropriate law, cases, and/or text material.
Submit the paper in APA format and properly cite sources on a separate page using APA.
Assignment 2 Grading Criteria Maximum Points
Evaluated the potential liability for Yard Tech and the homeowner for the dog bite, including the type of insurance, if any that Devon should maintain for Yard Tech and a proper legal foundation for your responses. 30
Analyzed the arguments each party (Myron, Yard Tech and Nguyen) will make related to liability in the accident. Decided which party or parties should be liable and provided support for your choice 30
Assessed whether Rey will succeed if she files a discrimination lawsuit against Yard Tech, including state and federal laws that support the answer. 30
Assessed arguments for Devon’s recovery from the doggie daycare based on principles of bailment and supported by laws, cases or examples. 30
Evaluated the appropriate party for liability of the rental payments and Rudy’s options for collecting any judgment he receives. 30
Analyzed Devon’s rights and responsibilities related to taxes, payments and sale of the mortgaged property as well as rights related to default and foreclosure. 20
Evaluated any ethical issues. 10
Evaluated suggestions to help Devon prevent future occurrences of each legal and ethical issue identified. 30
Written components. 40
Total: 250
SAMPLE ANSWER
New Business Dilemmas Part II
Question 1
The homeowner from where Manny got the dog bite owes specific duties to persons entering her/his real property by invitation. Manny was on the property for a business operation of mowing the yard. Therefore, it was the duty of the homeowner to discover any danger and ensure safety or warn Manny of the dog in the cage. In most cases, the dog owners are financially liable for any personal injury that their dog causes. A dog-bite statute law in Florida holds the dog owner responsible for any injury that the dog inflicts irrespective of whether the proprietor did not know it would hurt, was careful, or consistently tried to prevent the dog from injuring someone (Ryskamp, 2015).
Therefore, the victim can sue the dog owner if he/she did not provoke the dog and was acting peacefully in a public place or lawfully in a private place (Florida’s dog bite statute, Fla. Stat. Ann. 767.04). The defendant or the insurance company will have to compensate for all the damages resulting from the bite. For instance, a woman going door to door to take a survey was allowed into a house, but unfortunately, a dog came through the front yard of the house, knocked her, and bit her. The front yard was not fenced although there was a sign on the window reading, “Trespassers will be eaten.” The court ruled that the woman entered the house with the permission of the residents; therefore, she could sue the resident owner under the dog-bite statute (Jones v. Manhart, 585 p. 2d 1250. Ariz.1978).
On the other hand, Yard Tech and Devon are legally obligated to ensure safety for their employees. However, in a case of an accident or injury during work, workers compensation insurance should provide coverage ensuring that the injured employee gets medical care and compensation for the time and income lost while unable to report to work. Every employer conducting work in the State of Florida must provide Worker’s Compensation Insurance for his or her employees (Fla. Stat. Ann. 440.02). Therefore, Devon must maintain Worker’s Compensation Insurance for Yard Tech.
Question 2
Employers are always liable for the negligent actions of their employees if an accident occurs in the course of their employment. Hanh Nguyen may have sued Myron and Yard tech based on the arguments holding them liable such as negligent hiring or retention, respondeat superior and negligent maintenance of a vehicle. On the other hand, Yard Tech may argue that Myron is liable for the accident because, at the time of the accident, he had taken a detour to stop at a grocery store. In this situation, the respondeat superior principle does not apply. However, several factors will influence which party is liable for the accident, for instance, the state in which the accident occurred and the car policy. If the company insured the truck, then the insurance company will pay for the damages.
In my opinion, Yard Tech should be liable for the accident because it occurred during the work period. Myron was only driving home, which the company is aware of and the fact that he stopped to buy groceries should not be treated as a personal errand. The accident might have occurred due to the vehicles adverse conditions like a bad tire or poor maintenance, or the employee might have been unfit to drive the vehicle. The employer is held responsible for these factors under negligent hiring and negligent associated with the vehicle’s condition (Sackrin, 2015). Therefore, Devon should pay for all the damages and compensate Myron and the victim for the injuries. Under the common law of Florida, “an employer is liable for damages for the wrongful act of his workers that causes harm to a third party” (Weiss v. Jacobson, 62 So. 2d 904 (Fla. 1953).
Question 3
If Rey files a discrimination lawsuit against Yard Tech, she will succeed because Yard Tech considers himself an equal opportunity employer yet practices sexual discrimination. The Title VII, The Equal Pay Act, The Age Discrimination in Employment Act among other related equal employment laws protect the victim from any form of employment discrimination by an employer. The Federal and State laws of Florida protect sexual discrimination in employment processes. For instance, the 2016 Florida Statutes states, “It is unlawful employment practice to refuse or fail to hire any individual due to the individual’s sex or to discriminate against any person in any program, employment, training, or apprenticeship.” It is also unlawful “to deprive in any way an individual of employment opportunities” (Fla Stat. Sec. 760.01- 760.10).
However, specific jobs may require employers to hire individuals based on sex or religion; for instance, a women’s lingerie shop may only employ females. This is referred to as bona fide occupational qualification (Mallory & Sears, 2015). In the situation of Rey, Yard Tech refused to offer her a job because she is a lesbian. Such acts are punishable by the Federal and State laws. So yes, Rey will succeed if she files a discrimination lawsuit.
Question 4
Taking Brutus to a doggie daycare means that the bailee might have accepted a fee for holding possession and taking care of the pet. This situation is called a consideration type of bailment. For “consideration,” the bailee must ensure to provide a higher standard of care compared to a bailee who is providing care without pay, and in such a situation, if anything happens to the pet, the bailee has to pay for the damages.
If the doggie daycare accepted the responsibility of taking care of Brutus voluntarily, the bailee must ensure safety and proper care of the pet for the bailor to reclaim within an agreed time. Similarly, if Devon left Brutus for an indefinite term, then the bailee had an obligation to take care of it until he takes it back and the bailor can sue the bailee for any damage or harm on the pet during this period. According to Devon’s case, it is not clear on what terms or principles he left Brutus with the doggie daycare; hence it is difficult to determine whether he would recover the damages for Brutus’ death.
However, the fact that he signed and completed some authorization forms shows that the bailee voluntarily or considerably accepted the responsibility. Therefore, there are chances that Devon could recover damages from doggie daycare for the death of his pet. The State law imposes duties upon a bailee, and in the case of any breach of those duties, the bailee is deemed liable, and the bailor can recover damages for negligence or bailment (Delott, 2016).
Question 5
In this case, Devon is liable for the remaining rental payment because he leased out the storage to another party without informing the Rudy. Rudy did not know about Girish, and apart from breaching the agreement with Rudy, Devon went ahead to lease someone’s property without his consent. Therefore, Devon should pay the remaining rent for Rudy’s storage unit.
If he does not pay and Rudy obtains a judgment ordering payment from that the liable party, Rudy’s options include first, he should serve Devon with a written notice providing him three days to pay the unpaid amount and state the action he would take if the tenant does not pay by that time. Secondly, if the responsible party does not pay by the required time, Ruby may use his security money to pay the unpaid rent, and if it is not enough, he can finally sue the tenant to cover the unpaid rent (Garcia, 2016).
Question 6
When a person purchases a fixture (in this case a building affixed to land), the buyer acquires full ownership of the property. Therefore, he has all the rights relating to it such as the right to sell it or give it away, and rights to rent it. He also remains responsible for estate taxes, insurance, and maintenance costs of the property. Devon will similarly have these rights and responsibilities upon entirely purchasing the property.
If he default on the mortgage and the bank foreclose on the property, Devon has a right to redeem the property by paying off the full amount of the unpaid loan together with particular additional payments after the foreclosure sale. However, Devon will only be able to redeem the property before the court clerk files the certificate of sale (Fla. Stat. Ann. 54.0315).
Question 7: Ethical Issues
One of the ethical issues that Devon may encounter is hiring a driver who is unfit to drive the company’s vehicle. He should take note that only licensed drivers should drive company vehicles. The employer has the responsibility to identify any criminal history or unethical acts associated with driving that may cause future accidents, failure to which the employer will be liable for any damages done by the driver in a company’s vehicle.
He may also refuse to give up possession of a property at the end the tenant’s lease. This practice provides the landlord or attorney to demand double monthly rent at the end of every month. Devon should also ensure to fulfill every agreement signed such as contracts, to avoid penalties associated with violation of contracts.
Question 8: Conclusion
Devon can prevent future occurrences of these types of legal and ethical problems if one, he provides Worker’s Compensation Insurance for his or her employees (Fla. Stat. Ann. 440.02). This kind of insurance would enable coverage for any injury or damage of an employee during work. It also prevents Devon from running at a loss in his businesses.
Secondly, he should ensure to hire licensed drivers and ensure all the company vehicles are in safe conditions at all times. Just as in the case of Weiss v. Jacobson, 62 So. 2d 904 Fla. 1953, the law states that an employer is responsible for any harm or damage caused by his or her employee. Therefore, Devon should take measures to avoid such penalties. He should also put in place policies that restrict his employees from wrongdoings causing injuries to a third party.
In addition, he should learn to read and understand every form before signing any agreement. He should seek clarification about the consequences of either party breaching an agreement. For instance, he did not read the form provided at the doggie daycare, which made it difficult for him to determine whether he could recover damages or not. As a pet owner, he should understand that he might be absolving pet bailee from legal responsibility when signing forms and should be aware of the bailee’s right to keep the pet under the Lien Law (Delott, 2016).
Mallory, C. & Sears, B. (2015). Employment discrimination based on sexual orientation and gender identity in Florida. The Williams Institute. Retrieved from: https://goo.gl/LPEMYb
Assignment requested deadline November 2; NLT 7pm. Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper. You may access the school’s website by logging into: https://mycampus.southuniversity.edu/portal/server.pt
Please note that when you log into the website you must click launch class, and on the next screen click syllabus to view this week’s readings (week 5) and Academic Resources to access the school’s library.
To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
Below is feedback by professor from previous assignments, please apply.
Would like to have seen a stronger use of case law, examples, and statutory authority woven into the written paper.
Please make sure to include robust analysis with specific legal examples and legal authority.
Would like to see a stronger use of content related professional vocabulary
Select TWO of the following scenarios and answer the question presented.
Scenario 2
Holmes Construction Company (Holmes) hired Luke as the Materials Manager. Luke was authorized to enter into contracts to purchase materials for Holmes. On many occasions, Luke contracted to purchase plumbing supplies from FloTec Industries. Because of a downturn in the economy, Holmes terminated Luke’s employment on November 30. On December 9, Luke contacted FloTec to purchase materials on behalf of Holmes; however, Luke provided a new delivery address, accepted delivery and wrongfully kept the materials. FloTec was not aware that Holmes terminated Luke. On December 15, Holmes provided written notice to FloTec Industries that Luke had been terminated.
a. When was Luke’s express authority to act for Holmes effectively terminated?
b. Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
c. Is Holmes obligated to perform the December 9th contract?
d. What should Holmes have done differently?
Please provide specific legal support for each of your responses.
Scenario 3
Azteca Industries hired virtually all of its employees from Fairview High School, which was primarily Hispanic in its racial makeup. Accordingly, there were virtually no non-Hispanic employees employed by Azteca Industries. The work that these employees performed was work that any reasonably capable high school graduate could do. When organizations representing non-Hispanic individuals questioned the policy, the Director of Human Resources indicated that Fairview High School graduates were hired because they had worked successfully for the company and because the president of the company had graduated from that school. There was no evidence that there was any plan or intention to discriminate against non-Hispanics. Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
Please rely upon Title VII and applicable case law to support your responses.
SAMPLE ANSWER
Scenario 2
When was Luke’s express authority to act for Holmes effectively terminated?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company (Smith, 2012). However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication. The Express authority for Luke to act for Holmes was effectively terminated on the 15th of December. An express authority is a binding type of authority that is expressly granted in writing. Therefore, Holmes could have written an express of authority to help FloTec indicating that Luke’s contract had been terminated.
Did Luke have authority to enter into the contract with FloTec on December 9? If so, what type of authority did he have?
Yes, the apparent authority. This form of authority involves the actions of an agent in dealing with a third party. In this scenario, Luke could have used apparent authority to transact with FloTech. Since with apparent authority, it gives Luke the permission to implied or express, to have a binding contract with FloTech. Nonetheless, Flotech’s ignorance when it comes to Luke’s actions could not have prevented the deal from taking place (Beavers, 2015).
Is Holmes obligated to perform the December 9th contract?
Based on the Holmes Company, Luke’s contract was terminated on the 9th of December; hence Luke had no authority to transact any business on the behalf of the company. However, the fact that Holmes had terminated Luke’s contract did not in any way prevent him from making transactions on behalf of the company to third parties except through written communication.
What should Holmes have done differently?
Upon terminating Luke’s contract, Holmes should have made a public notice through newspaper telling its business associates that Luke had no authority to make transactions on behalf of the company. Moreover, Holmes should have informed its respective partners through written, indicating that Luke was no longer authorized to make any transactions on behalf of the company (Feuer, 2015).
Scenario 3
Discuss the possibility that this policy may violate Title VII of the Civil Rights Act.
By employing only Hispanic, Azteca Industries had violated against Title VII of the Civil Rights Act of 1964. In reality, Tittle VII outlaws any manner of discrimination when it comes to employment opportunities that are pegged on race, skin color, religious affiliation, gender or place of origin. The United States Equal Employment Opportunity Commission (EEOC) has the obligation to ensure that all these laws are implemented. In short, Azteca Industries is liable for prosecution (Aiken, Salmon & Hanges, 2013).
References
Aiken, J. R., Salmon, E. D., & Hanges, P. J. (2013). The origins and legacy of the civil rights act of 1964. Journal of Business and Psychology, 28(4), 383-399. doi: http://dx.doi.org/10.1007/s10869-013-9291-z
Please inform the writer to correct the highlight as per the instructor note.
Regards,
SAMPLE ANSWER
Introduction
The international energy business is the largest sector in the world. According to IRENA (2016), the industry contributes about $5-trillion (8.2 percent) each year to the global GDP, with the largest share ($4.4 trillion derived directly from oil, coal, and natural gas. Nonetheless, it has been reported that the Gulf Cooperation Council (GCC) member states are dominant in expanding the global energy industry. IRENA (2016) supposed that the abundance of hydrocarbon resources in the GCC market usually makes it not only the premier producer but also the chief exporter of petroleum products, crude oil, and natural gas. The researcher added that the GCC accounts approximately a quarter of the international production of crude oil. Besides, it has been reported that the GCC stands out for having the second (Saudi Arabia), sixth (UAE), and ninth (Kuwait) largest global producer of the resource. The same can be said about the production of petroleum products. IRENA (2016) revealed that Saudi Arabia, with at least eight operational refineries as well as a capacity of over 2.2 million b/d, is the largest producer of petroleum products among the GCC member states. However, UAE and Kuwait are also major producers. The trade of energy resources in the GCC also serves to expand the global energy economy. According to IRENA (2016), GCC accounts for at least 80 percent of the Middle East’s aggregate liquid energy exports.
After the decision of the Gulf Cooperation Council (GCC) member states in the year 2014 not to cut the production of oil following the drop in oil prices, the cost of a barrel of oil has significantly fallen to its lowest since 2015. According to Milmo (2016), the drop in oil prices in this case affects the economy of Qatar since the stock markets around the world are significantly affected by these drops (pp.38). The decrease in oil prices in Qatar was brought about by several factors that include the following: changing policy objectives of the GCC member states, the increasing decline in global oil product demands, and an increase in oil production from other oil producing economies. Additionally, the decrease in GCC’s geopolitical concerns that appertain to supply disruptions in other countries that depend on oil from Qatar is another challenge that has resulted in the drop in oil prices.
Krane (2015) supports the views of Milmo (2016) by stating that in as much as several O+G importing countries have immensely benefited from the drops in oil prices, the effects and impacts of these price drops may not be positive worldwide (pp.16). This can be depicted in the fact that some of the leading oil producing states such as Qatar struggle in maintaining their economy and stability as a result of declines in oil revenues (United Arab Emirates Oil & Gas Report 2015, pp.110). As a result of the destabilizing effects that result from a drop in oil prices, serious implications for companies and their workforce are considered to be immense.
Smead (2015) states that a decrease in oil prices has the capacity to significantly strengthen the dollar, a factor that would affect other corresponding currency of Qatar as a result of the state’s dependence on commodity exports (pp.85). As a result of oil drops to a state’s financial assets to oil, widespread default on companies are likely to be experienced. This is attributed to the fact that the precipitation of financial contagion may lead to instabilities in such organizations.
However, Marais (2016) contrasts to the views of other authors since he alleges that Qatar significantly seems to be immune to the effects of price drops in its oil products. According to this author, the economic performance of Qatar is still strong even with the drop in oil prices, an aspect that is attributed to the state’s expansion in other entities such as the non-hydrocarbon industry (Qatar Oil & Gas Report 2015, pp.65). This industry is considered to drive the state’s economic momentum, thus propelling the spending made on investments. Breunig and Tse Chern (2015) also point to Qatar’s construction and banking industries as robust in recording the state’s economic growth (pp.114).
Several researchers have attempted to explore the important internal factors that have led to the decline in the prices of oil and gas. One of the largest influences has been the GCC tax structure. Daou (2016) reported that, while the recent tax reforms (the VAT common framework) were optimal, the GCC failed to a introduce tax administration system that incorporates best practice methodologies, systems, and procedures to guarantee efficient tax revenue management. The researcher added that the tax structure has already caused a shift in demand for oil and gas (Daou, 2016). With this, the prices of the resources have to decline. In another study by Tverberg (2014), it was revealed that the GCC culture has played a significant part. As such, the GCC’s energy use culture is evolving, however gradually. These findings resonate with those off Nusair (2016) who revealed that the GCC member states have realized that they have an obligation to the environment. Therefore, they have joined the western nations in fighting global warming. Even though the subjects are still reluctant to change, the production of non-renewable energy resources is slowly rising. In the light of this, it is apparent that the price of the oil and natural gas has to lower.
HRM and how it has developed as a discipline
HRM abbreviates human resource management. According to Rotich (2015), HRM has undergone various changes in its history. The earliest form of HRM was industrial welfare in 1833 all through to 1913 (Cascio, 2015). However, at around 1916, recruitment and section were introduced. After the Second World War, other personnel activities, which included training, discipline, wage policies, morale and motivation, safety, and health, were acquired (Rotich, 2015). In the 1970s, a period of rapid industrialization, industrial relations became a norm. Still in the same period, the employment legislation scope was increased, with the personnel function taking the role of the specialist advisor, who ensured that managers did not contravene the law. In the 1990s, flexibility and diversity were set as part of the HRM practice. The recent addition to the HRM sphere was Information Technology, and this is confirmed by the fact that more and more companies have implemented the e-recruitment strategy (Rotich, 2015).
At present, the HRM is regarded as one of the most important functions. This applies in particular, given that the productivity of other departments depends on the HRM decisions. Hence, the contemporary managers often make strategic decisions regarding the manner in which labor can be utilized best. Nonetheless, most managers draw on the various schools of thoughts to develop optimal choices, For example, using the motivation school of thought, the HRM managers seek to understand the needs of their workers (Cascio, 2015). Subsequently, the managers tend to create a working system that corresponds with those demands. This is the reason that one will find firms offering competitive salaries, innovative benefit packages, and interactive work conditions and processes (Cascio, 2015).
Webb, Jeffrey and Schulz (2011) pointed out to the fact that employees are the organizations most important resource and need to be properly compensated in order to achieve the goals of an organization. As detailed initially, the development of the human resource management (HRM) approach is vitally based on approaches aimed at utilizing people and treating them as resources in order to realize an organizations objectives (Webb, Jeffrey & Schulz 2011, pp.212). This clearly denotes the functional role of HRM within these organizations, an effort directed towards initiating high performance work systems. This aspect consequently entails linking the workforce in different departments within an organization. Thus, O+G companies incorporate the use of effective HRM systems to increase their competitive nature through an investment in employee development.
The concept of employee performance is often associated with the workforce’s ability to achieve quality in relation to output, the presence of employees on the job, the timeliness of the output, and the effectiveness of the work completed. Fedor and Rensvold (2012, pp.790) stated that an efficient leadership style has a bearing that encourages employee performance. The views of Lin (2011) are in support of those of Fedor and Rensvold (2012). According to Lin (2011), employee performance involves the successful completion of duties and responsibilities as developed by the supervisors and top managers of an organization (pp.895). In this case, the performance of employees according to these authors may be considered in the perspective of three elements that enables them to perform better, with the determinacy of their performance considered as wholly dependent on their declarative knowledge, motivations and procedural knowledge. In short, it is essential to establish that efficient human resource practices have a positive impact on the performance of employees within an organization.
As a result of the drops in oil prices in Qatar, Das et al. (2013, pp. 52) noted that there are five internal human resource management practices that affect the performance of employees. This consequently includes organizations efforts directed towards eliminating recruitment packages and competitive compensation levels, the elimination of training and development, including personal appraisals and the layoff of staff members with the aim of stabilizing the functions of these organizations. In this case, organizations are forced to restructure their systems and functions during such periods in order to remain competitive in the market as stated by Hu and Kaplan (2015). The sharp decline in oil prices has tipped several companies into recession, an aspect that has slumped investment levels within the O+G industry. Several employees have been laid off as a result of this slump, thus affecting the functions of HRM within the organizations (Hu & Kaplan 2015, pp. 125). In their article, Hu and Kaplan (2015) have clearly pointed out how the layoffs of employees within this sector affects various operations of oil and gas companies, including a decline in production of goods and services within these projects such as O+G ripping services, engineering and construction services.
The decline in oil prices has caused employees in O+G organizations in the state of Qatar to experience various external issues that impact their performance. Jaffe and Elass, (2015) purported that the drop in oil prices has in fact led to the cancellation of a series of projects within the energy companies’ proposals, which has in turn resulted in significant job cuts. Several foreign expatriates have also left Qatar for holidays and also to take their families back to their home nation. According to Jaffe and Elass (2015), this results from the outcome of the efforts of O+G corporations that are aimed at establishing the right sizing of their organizations human resources. In essence, oil companies in this region have taken steps in downsizing their workforce and cancelling their projects as an approach of cushioning the workforce on the impact of the falling oil prices. Hu and Kaplan (2015) support these views when they pointed out that several companies in Qatar demurred on the renewal of their contracts with other companies worldwide.
In addition to this, the depression in oil prices has also seen oilfield service companies and their sub-contractors suffer from some huge drops in their organizational activities, thus impacting the performance of employees. There are many instances of reductions in spending on staffs on pertinent activities such as training and development, motivation and empowerment by organizations as a result of low incomes received by these companies (Salehi, Save, Nel & Almquist, 2015, pp.47). The drop in oil prices has also seen several employees in companies dealing in the O+G sector encounter an increase in financial pressures. This results from swelling prices of products and services within the emirates economy of this nation, an aspect that has affected these employees immensely. As a result of the scope of staff cuts, many Qatari citizens working in these companies have been rendered jobless, thus their survival has turned out to be challenging.
The low levels of oil prices are likely to result in a new market equilibrium that is depicted to last longer as compared to the short-term price limitations that occurred in 2008-2009. As a result of this current situation, all the net oil exporters in Qatar are predicted to face challenges in adjusting to the macro-and microeconomic factors, an element that affects several oil producing companies and their employees.
Qatar primarily depends on oil for many purposes that include planting its fields, powering cars, operating some of its oil-powered irrigation systems and to be used as raw materials in the production of different products that include fabrics and medicines (Kilian, & Lewis, 2011, pp.1048). Several industries have therefore been developed that produce products that are consumed by the population both at home and abroad, an aspect that has seen the employment of many workers from the country.
When the prices of oil are low, the production of several products is likely to decline, thus leading to a series of secondary effects such as job looses, debt defaults as a result of deflation, the loss of letters of credit that are required by exporters and the decline in oil exporters (Kilian, & Lewis, 2011, pp.1049).The low oil price makes it more challenging for drillers to repay their loans that are taken to enhance the process. These results in lower cash flows and interest rates on some of the new loans that is consequently higher thus affecting different individuals who would require loans from banks.
Once the lowering of oil prices are experienced in states such as Qatar, the prices of different commodities also fall to levels that make different products available for consumers, an element that cuts down the shares of production on different commodities (Kilian, & Vigfusson 2011, pp.336). When the production of commodities drops and prices are fixed on the concept of affordability, an aspect that cuts back on several aspects such as housing, food, and cars, thus impacting the employees of different organizations is experienced.
Employee performance
Human resources, or employees, are the back bone a company. They are the most vital asset of an organization. Proper use of a company’s employees could improve the bottom line of the firm and lead the company from bottom to up. Performance is understood as the accomplishment of a particular duty or job measured against predetermined known standards of speed, cost, completeness and accuracy (Richard et al. 2012). Employee performance is of great importance given that the success of an organization is directly associated with the employee’s job performance. Various researchers have reported that the success of staff members at their functions would further the organization’s success (Richard et al. 2012). Human resource managers in O+G companies in Qatar and other oil producing countries in the region need to first hire people who have the right qualifications and skills for the job. Following the completion of the hiring process, the HR professionals should seek to make sure that the work of a staff member is aligned closely with the objectives and goals of the company. In order to attain strong employee work performance, HR managers execute training and development programs, carry out employee performance evaluations, and choose when to reassign and/or promote staffs (Hsin-Hsi 2012).
The job performance of employees within an organization is affected in a negative and positive way by various factors. Example of these factors include organizational culture, style of leadership used, training and development, personality trait of employees, motivation, workplace environment, job stress, job satisfaction, as well as organization structure among other factors. Managers in O+G companies need to be aware of the many factors affecting the work performance of their employees and strive to improve them (Dutton & Kleiner 2015). Business organizations are dependent on their human resources to deliver and produce high quality services and/or products. Ewenstein, Hancock and Komm (2016) pointed out that as they attempt to carry out their job tasks, workers are affected by both external and internal forces. Employers who recognize these internal and external forces and who are ready to counter or leverage them would be able to increase employee performance, loyalty as well as productivity.
External and external factors affecting employee performance
Each employee in any O+G company in Qatar or any other O+G producing and exporting country has to work in accordance with what is expected of him or her. Most definitely, there are a number of things that these employees have to achieve in performing their employment functions. Training and education – Dutton and Kleiner (2015) reported that staff members who are trained and educated according to their field generally tend to work better, smarter and more efficiently than others. It is important that O+G companies in Qatar and in other oil producing and exporting nations in the region allocate sufficient amount of money for training their employees in order to improve their skills as well as knowledge regularly. As the skills and knowledge of employees increases, so does their job performance and achievement.
The working environment – according to Root (2014), the working environment has a great influence on the achievement and performance of employees in O+G companies. A positive working environment includes colleagues who are supportive and friendly, leaders and top managers who give positive motivation in the workplace, and comfortable work environment. In an uncomfortable working environment with leaders who undervalue workers and colleagues who are hostile, the work performance of an employee is likely to reduce (Root 2014). On the whole, the workplace environment is an important factor in terms of keeping staff members in an O+G company satisfied.
In their survey, Hsin-Hsi (2012) found that 10 percent of the surveyed workers reported that the workplace environment was a vital factor in keeping them contented whereas other crucial aspects included compensation, recognition and praise as reported by 29 percent of those surveyed. Employees who are satisfied and contented with their workplace environment are inclined to exhibit high work performance. Other important factors are promotions and engaging in recreation activities at the workplace which are helpful in improving health, increasing self-esteem and confidence, reducing stress, and relaxing the mind. In essence, recreation at the place of work has a positive effect on the performance of workers since employee job satisfaction will increase, their quality of service would increase, and their work productivity also increases (Saira et al. 2016).
Leadership style: there are many styles of leadership including participative, charismatic, transformational, democratic and autocratic styles among others. The performance of employees comprises meeting the set deadlines, carrying out the defined functions and tasks, efficiency and effectiveness in carrying out work, as well as employee competency. Richard et al. (2012) pointed out that top managers and leaders in O+G companies need to have strong styles of leadership that would stimulate the performance of their workers. Researchers have reported that there is a strong correlation between the behavior of a leader in an organization and the level of performance of her subordinates: a leader who motivates and inspires her followers tends to bring out the best in those employees (Lepine et al. 2016). On the whole, the leader influences workers toward attaining the goals and objectives of the company. As such, a leader’s behavior and the leadership style they adopt could have a noteworthy effect on work outcomes, and on how jobs are done.
Organizational culture: the culture of an organization defines how the staff members carry out their job tasks and interact with one another within the company. In any business organization, the cultural paradigm consists of different symbols, rituals, values and beliefs governing how people in the organization operate (Nag 2011). A company’s organizational culture has a great impact on how workers conduct themselves with suppliers, customers, and their fellow employees. Organizational culture, as Lefifi (2015) pointed out, includes more than simply a work environment. It also includes empowerment/autonomy given to workers, growth plans of the company, and attitude of the company’s management toward employees. Furthermore, tone at the company’s senior management level is utilized in describing the culture of an organization. While a negative tone could result in absences, employee dissatisfaction, vandalism and even theft, a positive tone could help the workers to become happier and more productive, which in turn help to improve their job performance (Lefifi 2015).
Organizational cultures could have different impacts on the levels of motivation and performance of the workers. In many instances, staff members work harder to attain the goals and objectives of their company if they see themselves as being part of the organizational culture. The culture of an organization offers a framework regarding the behavior of workers within the organization. The effect of culture on the performance of employees could either be negative or positive. According to Nag (2011), the culture of an organization in which staff members are seen as a vital element of the company’s growth process promotes commitment of staffs toward the company. They align their objectives as well as goals with the goals/objectives of their company and feel responsible for the company’s overall well-being. As their efforts are consequently recognized by the organization’s top managers and rewarded, the workers have great job satisfaction. In such corporate cultures, workers are dedicated to attaining their goals/objectives; hence they have a positive effect on the company’s overall performance (Root 2014).
Conversely, in companies in which managers are taskmasters rather than being facilitators, staffs live in mistrust and fear, and work is a dull and unexciting chore. Given that they are not involved in the company’s overall goals and objectives, they do not actually recognize the implication of their tasks and might therefore not be dedicated to attaining them (Lefifi 2015). An O+G company in which various departments do not cooperate will end up having staff members working in silos. The workers may also end up working toward undercutting or denting the efforts of other departments. These are both damaging to the company’s overall health. To a large extent, the culture of an organization determines employee performance. For this reason, negative factors that hold back the job performance of workers should be eliminated so as to promote a positive corporate culture or positive workplace environment (Root 2014).
Motivation: to obtain the best work performance from workers in O+G companies, it is important to have some type of motivation besides the monthly payment. Saira et al. (2016) stated that motivation could be in the form of a career path which actually leads to management, a chance to take part in company projects, or even monetary incentives. Effective motivation could make employees more productive. If there are no motivating factors however, workers could be left looking for reasons to do their best at work and give their maximum effort. Hsin-Hsi (2012) reported that motivation is an essential driving force to attain any given task.
The two kinds of motivation are extrinsic and intrinsic motivation. While extrinsic motivation is founded upon external sources, intrinsic motivation is understood as the inner force of the employee to achieve a particular objective or goal (Hsin-His 2012). The level of employee motivation has a direct impact on the performance of workers in O+G companies in Qatar. It is notable that together with skills, abilities, and knowledge, motivation is a vital aspect that actually contributes to job performance of an employee. Researchers have found that positive reinforcement improved employees’ level of performance from 44% to 96%, since regular feedback as well as recognition gave the workers the psychological feeling that in fact influenced their work performance positively and strongly (Ewenstein, Hancock & Komm 2016).
Motivations can also be categorized as fear motivation, incentive motivation or achievement motivation. Fear motivation – punishment and fear of punishment greatly influence workers to carry out their tasks effectively. If an employee breaks some rules, does not follow the set down company policies, behaves in an unacceptable manner, and/or fails to complete his or her work tasks within the required timeframe, that employee is likely to face disciplinary action for instance suspension or firing. As such, since many workers tend to fear punishment, they will strive to complete their tasks properly, on time and in accordance with the requirements and description to avoid punishment (Dutton & Kleiner 2015). This in turn helps to improve their job performance. Incentive performance – in general, behaviors that are positively reinforced would become strengthened by the employee. Root (2014) noted that fiscal or non-fiscal incentives and rewards are crucial in motivating workers to work in an efficient and productive way. If workers are aware that they would be rewarded or that achieving a particular job assignment would give them benefit, then they are very likely to try their best and make their best effort to carry out the work effectively and satisfactorily (Root 2014). Achievement motivation – every person has a need for achievement. The need for achievement is an essential aspect of human personality. People who have a high level of achievement motivation generally have the willingness of going very far to attain their objectives and goals, in spite of hurdles and impediments in their way (Lefifi 2015).
Organizational structure: Organizational structures define the departmental structure, supervisory relationships, as well as workflow in an organization. The structure of an organization is focused not just on the layout of departments within an organization, but also on work responsibilities in the context of reporting relationships (Latifi & Shooshtarian 2011). There are various sorts of organizational structures including innovative, divisional, professional, bureaucratic and flat organizational structure. Lefifi (2015) reported that the performance of employees are inhibited in companies with organizational structures such as bureaucratic organizational structure where work is very structured and formalized, typified by a lot of standards, procedures, policies and routines. Conversely, the performance of workers tends to be promoted in O+G companies with organizational structures that are informal and unstructured, and where employees have autonomy with regard to how they perform their job tasks (Lefifi 2015).
Job stress: Job stress is understood as the damaging emotional and physical responses that take place whenever job requirements do not fit with the needs, resources and abilities of the employee (Karasek & Theorell 2012). Work stress is a significant challenge to individual physical and mental health, as well as organizational health. In his study, Park (2012) found that employees who experience work stress have a higher likelihood of being poorly motivated, unhealthy, less safe at the workplace, and less productive. As a result, O+G firms in Qatar with stressed workers tend not to succeed within a competitive market. In Qatar, it is estimated that stress related to work costs the nation’s economy a substantial amount in litigation, healthcare, sick pay, as well as lost productivity costs (Karasek & Theorell 2012).
Training and development: This is of great importance in enhancing employee job performance. Even new staffs will benefit very much from orientations programs as well as training and development programs that are aimed at helping them attain the company’s performance objectives. While training activities will help the staff members to improve their work performance at the present time, development activities help to prepare staffs for their future responsibilities and roles (Root 2014). Rapid changes in consumer preferences, technology and regulations necessitate many business organizations to implement continuing employee training and development efforts. In their study, Hsin-Hsi (2012) learned that training and development programs help staff members to acquire skills and knowledge that they require in order to stay up to date in their fields and help the organization to sustain a competitive edge. Managers may carry out a needs analysis for the purpose of ensuring that training and development activities are actually matched to the employment tasks and skills of the employee. No staff member would like to take part in a training activity that does not relate to his or her performance objectives and goals.
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The Introduction chapter of the dissertation
1.0 Aim, objectives and feasibility of the dissertation
1.1 Background Information
Qatar, which is a member of The Organization of the Petroleum Exporting Countries (OPEC) since 1961, and is also among the members of the Gulf Cooperation Council (GCC) is considered to have been significantly influenced negatively by the global decline of demand for petroleum products following the market glut experienced over the recent past(Qatar Oil & Gas Report, 2015).
Aim Objectives and Feasibility of the Dissertation
This is attributable to the fact that, there has been a decline in oil demand as well as oil prices over the recent past, which has far reaching effects on the country’s economy as well as economies of the regional nations and members of GCC. For instance, according to Milmo (2016) there was a decline of oil prices by 70% in 2015 globally, which has to a considerable extent shaken the country’s economy. As a result, this situation has caused the country to operate below its proposed budget’s threshold, which has seen the country budget run through a deficit of approximately $13 billion, a financial figure that if compared to the economy of Qatar as a whole constitutes about 0.8% of the country’s GDP (Breunig & Tse Chern, 2015; Kulkarni, 2015; Milmo, 2016). ).
The Qatari economy is largely dependent on oil and gas. Nonetheless, CIA (2016) explained that there has been significant growth in sectors such as financial services, manufacturing, and construction, thus lifting the non-oil sectors to at least half of the country’s nominal GDP. CIA (2016) indicated that oil and gas have made the country to become the global per-capita income global leader. In addition, Qatar has the lowest unemployment rate (0.4 percent) thanks to the robustness of the oil and gas sector. It has also been reported that the Qatari oil reserves are in excess of 25 trillion barrels. According to CIA (2016), at the current levels, this reserve amount should be enough to present the country with sustained economic benefits for the next 56 years.
For an economy that is developing such as that of Qatar, an overreliance on oil and gas as well as their subsequent products as the core drivers of the economy, there is a high likelihood of the prices to decline at the slightest economic shock if this practise is replicated by the neighbouring countries in the region (Milmo, 2016). This phenomenon would equally result to a decline in the prices of related inputs that used to produce these products, leading to far reaching effects that negatively impact the economy as well as performance of companies operating in the oil and gas sector(Milmo, 2016).
According to the United Arab Emirates Oil & Gas Report (2015), despite the vast wealth that Qatar has accumulated because of its oil abundance, the country is still considered a developing country mainly due to the fact that there has been no wide diversification of the economy as observed in developed nations. According to Byun and Hollander (2015), Qatar scores poorly in terms of the Gini Index, which range from zero (0) to one (1) whereby the former corresponds to perfect equality (where income is equal for everyone) and the latter corresponds to perfect inequality (where the entire income is held by one person while the income of the rest equates to zero). In this case Qatar scores 0.41, which is considerably high compared to developed countries that in most cases tend to have a Gini Index score of approximately 0.3 meaning that Qatar has to implement the necessary measures to make sure that income levels among its population become more equally distributed (Byun & Hollander, 2015). This scenario may has far reaching impact on the performance of employees in oil and gas companies within an organisation context, which usually includes the departmental, managerial as well as leadership levels (Aguinis, 2012; Al Muftah & Lafi, 2011; Al-Harthy, 2013; Thao & Hwang, 2015).
As CIA (2016) determined, the rate of employment in Qatar is the best in the world. The manufacturing sector provides the most employment opportunities. As such, of the total number of employed individuals, at least 51.6 percent are working in the sector (Statistica, 2016). However, the agriculture industry is also a significant employer, accounting for at least 46.8 percent of the aggregate employment rate. The services industry has the least employment opportunities accounting for only 1.4 percent of the total (Statistica, 2016). In aggregate, 42 percent of the current employment sphere in Qatar is dominated by foreigners, with most of them working in the manufacturing sector. According to Statistica (2016), in the manufacturing and production industry, the oil and gas sector accounts for the major employment part. According to Statistica (2016), of the 51.6 manufacturing industry jobs, 91 percent are found in the oil and industry sector. In addition, at least half of the current workers in this sector are Qataris. The rest of the half is made up of foreigners from different parts of the world.
According to Al Muftah and Lafi (2011), in recent times a significant number of organisations have become fully aware of the imperativeness of employee performance, which has led them to embark of devising ways that are appropriate to increase employee performance. In addition, efforts of finding out and implementing the ways and/or strategies through which high performance level among the company employees can be attained has become one of the fundamental practises and decisive factors pursued by most successful organisations (Lam, Yik & Schaubroeck, 2012; Thao & Hwang, 2015).However, irrespective of the declining global oil and gas prices, the performance of employees within an organisation often stems from managerial practises adopted by a particular oil and gas company. For instance, the mission of a company management with regards to its human capital is, usually, to get the employees together with a purpose of accomplishing corporate goals and objectives through efficient and effective utilisation of available resources(Mathis & Jackson, 2011; Northouse, 2013). Manpower or employees’ performance can be substantially boosted through heightened efforts towards promoting factors that are fundamental in enhancing the employees’ job satisfaction, creativity, motivational level, as well as ensuring that the workplace environment is comfortable and conducive, among other factors (Appiah, 2012; Armstrong & Murlis, 2004; Bartram & Casimir, 2007).
Narehan et al. (2014) noted that the prevailing social demands and economic conditions have drastically changed the role of work throughout the world. This assertion is made with reference to the previous role of work, which was primarily done as a matter of survival and necessity (Das et al., 2013; Fedor & Rensvold, 2012). Throughout the evolution of human resources capital, the role of work has progressively changed together with the components of the workforce (Armstrong & Murlis, 2004). For instance, in today’s workforce, work is not only considered a necessity but employees also consider it to provide them with personal satisfaction. As a result, the management of oil and gas companies should strive to ensure appropriate motivation and leadership methods are adopted to achieve optimal performance from employees (Webb, Jeffrey & Schulz, 2011). As such, it is important to devise strategies to acknowledge that the industry is comprised of diversity, considering that almost half of the aggregate Qatari workforce and that of the oil and gas industry is formed by foreigners. Thus, any motivation and leadership strategy should be tailored to meet the various demands as manifested by the diversity.
There is an ongoing belief among the Westerners there are four main groups – ranked in order of importance, if not value and size! First, Qatari male citizens; second Western World ex-pats; third, office and shop workers from developing world countries like the Philippines and finally, the road and building constructions workers, largely from the Indian sub-continent. Then, of course, Westerners perceptions are that in all groups, women are at least one or two layers ‘lower’ in terms of Qatari society. Indeed, the O+G industry is mainly comprised of men as opposed to women. As such, these are the people who carry out the bulk of the processes that take place. It is often determined that the Qatari men, unlike women, have the required strength to carry out the mostly demanding tasks involved. The Expats from the western world comes second in the list as they are perceived as having the right skills and knowledge to motivate the men to execute the industrial tasks. The workers from the developing world are not regarded as highly as those from the western world. In their countries, the level of industrialization is low, meaning that they mostly have knowledge in administrative tasks. Thus, when they come to Qatar, they are seen as necessary to play a supportive role to the western expats. Regardless of where they fall in the priority list, each of these workers is affected in the same way when it comes to motivational issues. Thus, they are all of interest concerning the present research study.
According to Al Muftah and Lafi (2011), work-life programs and benefits is one of the fundamental ways through which professional and personal goals and objectives among oil and gas companies’ employees can be attained. Alternatively, the behaviour of individual employees with regards to attitudes and perceptions also play a significant role in influencing the performance levels, hence there is need to ensure that the right attitude is maintained through motivation and appropriate remuneration in order to maintain high efficiency and productivity (Hellriegel, Slocum & Woodman, 2011; Hu, & Kaplan, 2015). According to Hellriegel et al. (2012), various factors are attributable to the performance of employees at work place, since employees’ performance at work place is considered as the way of performing job tasks in accordance with the stipulated job description. Thus, considering that performance concerns completion of a task within prescribed boundaries, it is evidently clear that employees’ performance is affected by various factors that ought to be investigated in the context of oil and gas industry in Qatar. As a result, this research is aimed at identification and measurement of the level of factors that affect job performance effectiveness among oil and gas companies’ employees in Qatar within the context of an organization at departmental, managerial and leadership levels. The research will strive to identify the necessary variables including working environment, motivation, organizational culture, leadership and training. The study is a quantitative one and it will strive to establish the relationship that exist between the variables mentioned above and performance of employees in Qatar’s oil and gas industry. From the perspective of the Westerners, that the Qatari O+G industry is largely controlled and managed by Westerners, who are very highly paid and have lots of other benefits to motivate them, as otherwise, who would want to go and live in the midst of a desert, in an alien culture, in temperatures that are so high year around. This is indeed true, considering that the majority of oil extracting and exporting firms are headed by manager from the western countries. This claimed was confirmed by Carroll (2016) who revealed that in every company operating in the Qatari oil and gas industry, there has to be a manager from the western nations, given that they are perceived as having high knowledge and skills. Considering the industry’s wealth, these managers are provided with robust compensation and benefits. Hence, it is apparent that money-oriented rewards are among the most essential motivators for the western managers.
1.2 Statement of the Problem for Aim Objectives and Feasibility of the Dissertation
Human capital is among the most important assets that significantly contribute to the production levels in oil and gas companies (Narehanet al., 2014). Therefore, it is important to understand how the performance of employees or job behaviouramong employees of oil and gas companies in Qatar assists departments, managements and executive leaders to influence organizational goals and objectives either positively or negatively. Considering that the performance of employees is affected by a wide range of workplace factors, this study focuses on investigating the oil and gas industry scenario in Qatar in order to determine the factors or variables that affect the performance of employees either positively or negatively. By doing so, the study will also play a critical role in highlighting how employees’ performance is affected either positively or negatively by these factors or variables together with the interactions between them. The variables or factors that have been determined to influence the performance of employees at workplace in the scenario of oil and gas industry include organization culture, leadership style, workplace environment, organization structure, financial rewards as well as job stress. The current study will focus on the junior managers and line employees working in the oil and gas industry, both Qataris and foreigners. The participants will come from two companies operating within the sector.
There has been description of these variables in different studies and their influence on the performance of employees at work place has been confirmed (Hellriegel, Slocum & Woodman, 2011; Hu, & Kaplan, 2015). An appropriate balance must be achieved between these variables or factors in order to ensure that oil and gas companies optimally utilise the potential of their workforce. This is important because, failure to achieve this balance the workforce may become counterproductive or underutilised leading to a decline in production levels, which subsequently results to a decline in the company revenues and profitability. Since these variables or factors can either positively or negatively influence the performance of employees across sectors, it becomes inevitable to investigate them as well as their interactions to determine the appropriate combination for optimal performance among employees to be achieved.
1.3 Aims of the Study
Employees’ performance within an organization at various levels such as department, management and leadership plays a significant role in influencing the company goals and objectives either positively or negatively. As such, the nature of employee performance provides the management with an understanding of whether the corporate goals and objectives are clear to the workers or not. Usually, a positive performance might signify that the employees understand and that they have a right attitude towards the goals. However, in the case of persistent poor performance, it becomes perceptible that there is an issue with the manner in which the workers perceive the goals and objectives. Therefore, motivation is key towards aligning the employee with the corporate goals and objectives. With people-oriented structure, systems, processes, and culture, there is a possibility that the employees will be motivated towards attaining the set goals.
A consideration of the oil and gas company scenario, various factors in a work environment are believed to affect the performance of employees. Therefore, this study aims to focus on the internal as well as external challenges faced by employees working in oil and gas companies, especially during the surge of oil and gas prices which has negatively hit Qatar’s economy. The study will also discuss in details both the internal and external variables that affect the performance of employees in oil and gas industry in Qatar.
1.4 Research Questions:
What are the internal factors that affect the performance of employees within oil and gas companies within developing states such as Qatar in the face of oil price drops?
What are the external factors that affect the performance of employees within oil and gas companies’ undeveloped states as a result of the rise of oil price drops?
What are the approaches that can be employed in solving the internal and external factors that affect the performance of employees in these companies as a result of drops in oil prices?
1.5 Research Objectives Aim Objectives and Feasibility of the Dissertation
The primary objectives of this study include:
To determine the internal challenges faced by employees working in oil and gas companies during the surge of oil and gas prices
To investigate the external problems that workers in the Qatari O+G firms experience in the face of declining oil and gas prices
Establish appropriate recommendations and conclusions that identify approaches of solving the negative impacts of these factors on the performance of employees within organizations in Qatar.
Apparently, the research objective and questions focus on the background of the falling oil prices as opposed to the greater internal efficiency of the firm. This is especially so, given that the fall in the prices have the most influential impact. As such, these outcomes are what determine the efficiency of the firms in the sector, and the motivational issues among the employees, consequently. Hence, the focus on oil prices is justified.
1.6 Significance of the Study
The findings of this study have significances for the body of knowledge on employee performance as well as business practice. First, from an enterprise perspective it is important for oil and gas companies to identify factors that affect the performance of employees, which is essential in helping the companies in this sector to formulate appropriate workforce policies and guidelines aimed at optimal utilisation of potential, skills, knowledge and expertise of employees. Thus, through this study a methodological guidance is provided which has a practical significance towards oil and gas companies in Qatar to correctly develop human capital management and leadership practises not only at departmental level but also at executive level.
Secondly, the study may enhance employees’ performanceawareness among stakeholders in oil and gas companies including managers and investors in the oil and gas industry in Qatar and across the world. For example, the research findings from this study may be of significant assistance to oil and gas industry managers in better understanding and managing of workforce and employees’ performance and investors may use employees’ performance efficiency as a benchmark of assessing the ability of a company operating in oil and gas company sector to create value.Also, the study is important in enabling oil and gas companies in Qatar to better understand the employees’ performance drivers, and have a more definite and direct understanding of the elements of employees’ performance in order to know how different elements can be combined for optimal harnessing of companies’ workforce potential.
1.7 Structure of the Dissertation
In overall, the aim of this dissertation is to investigate employees’ performance within an organization at departmental, managerial and leadership levels at oil and gas companies operating in Qatar with the aid of survey data gathered at firm level. Following the introduction as the first chapter, which provides background information about the research topic, aim, problem statement, objectives as well as significance of the study and the research questions; the reminder of the dissertation is organized in subsequent chapters as follows. The second chapter provides the literature review by discussing theoretical basis of the research topic based on previous studies and also describe the situation of oil and gas companies in Qatar. In this chapter, also the key terms are introduced in addition to reviewing existing theoretical and empirical literature on the research topic. The third chapter is the methodology and it describes the methods adopted to test the hypotheses, and also describes the target population, research sample and data as well as variables employed in the study. The fourth chapter is the data analysis and study findings and it presentsthe study results through analysed data and its interpretation. Finally, the fifth chapter is the discussion and conclusion and it is concerned with elucidation of the research findings with reference to findings of previous studies, making of conclusions as well ashighlighting limitations of the study and giving recommendation for future research.
References
Aguinis, H 2012, Performance Management, 2nd edition, Pearson Education Inc: Upper Saddle River, NJ.
Al-Harthy, MH 2013, “Motivation: A Challenge for Oil and Gas Companies an Omani Case Study”, Oil and Gas Business, pp. 1-14. Available online at: http://www.ogbus.ru/eng/
Al Muftah, H & Lafi, H 2011, “Impact of QWL on employee satisfaction case of oil and gas industry in Qatar”, Advances in Management & Applied Economics, vol.1, no.2, pp. 107-134. ISSN: 1792-7552 (online).
Appiah, C 2012, Human Resource Strategies for International Growth, Routledge: London.
Armstrong, M & Murlis, H 2004, Reward management: A handbook of remuneration strategy and practice, 5th edition, Kogan Page Limited: London.
Bartram, T & Casimir, G 2007, “The relationship between leadership and follower in-role performance and satisfaction with the leaders: The mediating effects of empowerment and trust in the leader”, Leadership and Organization Development Journal, vol. 28, no. 1, pp. 4 –19.
Breunig, R, & Tse Chern, C 2015, “Sovereign Ratings and Oil-Exporting Countries: The Effect of High Oil Prices on Ratings”, International Review Of Finance, vol. 15, no. 1, pp. 113-138, Business Source Complete, EBSCOhost, viewed 3 July 2016.
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Department of Business & Management
Subject: Global Strategy
You are expected to discuss different types of strategic capabilities that influence the success of overseas expansions for a firm.
Credit will be given for:
• Discussions of key issues and their context.
• Reference to literature.
• Case discussions.
• Conclusions and recommendations.
• Overall coherence and consistency.
An introduction (about 10%) to an essay should address itself directly to the question or topic you have been asked to discuss. The analysis section (about 80%) of the essay should describe your response to an essay question. You need to cite and discuss a few relevant literature on your chosen topic in the analysis section. You also need to discuss relevant cases in the analysis. The conclusion (about 10%) of an essay should summarize the main findings.
. (!!!) The essay needs to demonstrate the understanding of Global Strategy lectures, and should include some cases discussed in seminars on the Global Strategy module.
I will attach it on the site.
Students are required to show evidence of an extensive use of various well established and
reputable literature sources (i.e. journal articles, books and other sources of information). You are expected to include at least 15 useful literature sources in this essay.
Main sources for the essay:
• Consult the following journal articles, and also see the Extended Reading List for more references.
• Contractor, F. J., Kundu, S. K., & Hsu, C. C. (2003). A three-stage theory of international expansion: The link between multinationality and performance in the service sector. Journal of International Business Studies, 34(1): 5-18.
• Frost, T. S., Birkinshaw, J. M., & Ensign, P. C. (2002). Centers of excellence in multinational corporations. Strategic Management Journal, 23(11): 997-1018.
• Kolev, K. D. (2016). To Divest or not to Divest: A Meta?Analysis of the Antecedents of Corporate Divestitures. British Journal of Management, 27(1): 179-196.
. Reading: Strategic Capabilities
. Johnson et al (2014). Exploring strategy: text & cases. (Pages 68–105)
. Wernerfelt, B. (1984). A resource-based view of the firm. Strategic management
journal, 5(2), 171-180.
. Chang, S. J., & Singh, H. (1999). The impact of modes of entry and resource fit on
modes of exit by multibusiness firms. Strategic Management Journal, 20(11), 1019-
1035
. Berry, H. (2010). Why do firms divest?. Organization science, 21(2), 380-396.
. Strange, R. (2011). ‘The outsourcing of primary activities: theoretical analysis and propositions.’ Journal of Management & Governance, 15(2): 249-269.
. Meyer, K. E., Wright, M., & Pruthi, S. (2009). Research notes and commentaries managing knowledge in foreign entry strategies: A resource-based analysis. Strategic management journal, 30(6), 557-574.
. Barney, J. (1991). Firm resources and sustained competitive advantage. Journal of management, 17(1), 99-120.
. Salomon, R., & Jin, B. (2010). Do leading or lagging firms learn more from exporting?. Strategic Management Journal, 31(10), 1088-1113.
. Helpman, E., Melitz, M. J., & Yeaple, S. R. (2004). Export versus FDI with heterogeneous firms. American Economic Review, 94(1): 300-316.
Journals
Strategic Management Journal
Journal of International Business Studies Journal of World Business
Management International Review International Business Review
Newspaper/Magazines
The Financial Times The Week
The Economist
Websites
World Bank IMF Eurostat WTO UNCTAD
http://www.worldbank.org http://www.imf.org http://europa.eu.int/en/comm/eurostathttp://www.wto.orghttp://www.unctad.org
SAMPLE ANSWER
Do strategic capabilities of a firm influence its overseas operations?
Introduction
Thriving in the highly competitive overseas business world, calls for firms to amass a considerable level of strategic capabilities. These ensure that a firm is capable of countering threats and seizing opportunities in the overseas market to elevate its portfolio. According to (Sea Jin, & Singh, 1999), international business is exceedingly volatile and organizations must be in a position to successfully identify, interpret and respond to potential opportunities and threats. In this relation, strategic capabilities are imperative for ensuring effective strategic direction; because they define an organization’s aptitude towards emerging market conditions. This paper is a discussion of strategic capabilities and how they influence a firm’s overseas expansion.
Discussion
Strategic capabilities denote an organisation’s proficiencies, essential for ensuring its competitive advantage and long-term survival. These capabilities may be in the form of resources or competencies. While resources consist of what the organisation possesses such as assets, finances, human resources and stakeholders, competencies refer to the organisation’s strengths including efficiency, flexibility, cash flow management, marketing, relationships and employee performance. Strategic capabilities can be considered as insurance against market uncertainties and catalysts of firm survival. Accordingly, a firm’s strategic capabilities define its propensity for overseas expansion.
Strategic capabilities are categorized into two main groups. The first category is the dynamic capabilities, which refer to the ability of a firm to respond to changing environmental needs by recreating its strategic capabilities. The types of dynamic capabilities include sensing capabilities to constantly explore opportunities, such as market research and R&D; seizing capabilities which refer to the ability to respond to opportunities by means of new processes, products and activities; and re-configuring capabilities (Mudambi, 2008; Johnson et al, 2014). The other category is the threshold and distinctive capabilities. Threshold capabilities are necessary for the firm to compete effectively while distinct capabilities are those that provide unique ability and are often difficult to imitate.
Strategic capabilities harness a firm’s competitive advantage, a key prerequisite for survival in overseas markets (Barney, 1991). The resource-based view affirms that the distinctiveness of a firm’s capabilities determines its level of performance and competitive advantage (Johnson et al, 2014). This is re-emphasized by Frost, Birkinshaw & Ensign (2002) who note that international organisations that have developed unique niches such as centres of excellence to promote the performance of their international subsidiaries. Cognizant of this proposition, it can be appropriately asserted that a firm that seeks to survive in the volatile and extremely competitive overseas market must exhibit high level performance and possess discrete competitive advantages (Barry, 2010). Therefore, a firm that lacks strong strategic capabilities is likely to capitulate to competition and other market forces (Contractor, Kundu & Hsu, 2003).
Strategic capabilities ensure that a firm can effectively meet the needs of its customers. This is achieved through production of quality products, affordability and product accessibility. H&M’s capabilities such as convenient location, supply chain management, design and culture for example ensure that their customers are satisfied and this has contributed to its massive international growth. By combining affordable prices with unique designs, H&M is a business leader in fashion.
Strategic capabilities determine success in operations. This means that in order for a firm to effectively execute its business in the international market, it requires a combination of strategic capabilities that will influence performance (Kolev, 2016). Firstly, venturing overseas is significantly expensive and the firm must therefore possess adequate finances to fund its venture. In addition, effective funds management would ensure that return on investment is achieved. Secondly, having a dedicated and well qualified team is also vital in promoting business success (Meyer, Wright & Pruthi, 2009)
Strategic capabilities determine the firm’s reach. In essence, the strategic capabilities determine how much can be invested in overseas expansion and the number of regions that the firm will operate in. Strong strategic capabilities ensure that a business grows its international business rapidly, thus expanding its reach (Goodman & Dingli, 2013).
Strategic capabilities create opportunities for firms to expand their overseas business further. Berry (2010) notes that whenever new opportunities emerge in the market, organisations with robust strategic capabilities are more likely to take up the opportunities. Furthermore, seizing opportunities depends on whether a firm possesses dynamic capabilities to enable it respond to the changes in the business environment. An example is Google, an internet based company which has grown rapidly due to its ability to meet customer needs through robust and innovative technology solutions. Google is highly dynamic and responsive to new opportunities, attributable to its team of tech-savvy employees and huge investment in technology, research and development (Jonathan et al, 2015). Google’s success can be compared to Yahoo’s slow response to rapid technology changes, which led to the company’s downfall. Despite being a pace-setter in internet-based business, Yahoo lacked strategic capabilities to embrace technology advancement and therefore ended up being overtaken by the robust Google which is now a market leader (Bhatia, Deep & Sachdeva, 2012).
A firm’s ability to expand overseas is influenced by various factors including resource fit, market share and sales growth (Sea Jin & Singh, 1999). Strategic capabilities determine a company’s probability of survival in foreign markets. A company with strong strategic capabilities is more likely to survive the harsh conditions of foreign markets. According to Shaver, Mitchell and Yeung (1997), overseas business survival is enhanced by a firm’s experience in the host country. Consequently, repeat overseas investors are more likely to be successful than first-timers; a factor that can be attributed to greater information on the host country and the accompanying experience. In addition, companies with exceptional strategic capabilities create better partnerships and collaborations, thus enhancing their chances of success in the overseas markets. It is notable that a majority of organisations that venture overseas do so in collaboration with local companies which already have a stable footing in the host country (Grant, 2016). Such companies would be interested in the international company’s strategic capabilities in order to ensure that they will derive considerable benefits from the partnership. This proves that strategic capabilities indeed impact a firm’s overseas operations.
Strategic capabilities can influence resource accessibility necessary to expand a firm’s operations overseas. In order to gain credibility, financial organizations consider a variety of factors, among them the firm’s financial position, asset base, cash flow management and productivity (Grant, 2012. This insinuates that a company that is well endowed in terms of strategic capabilities is likely to have greater chances of expanding its overseas business due to its access to capital.
Conclusion
This discussion establishes that strategic capabilities are a basic prerequisite for firms that seek to survive in overseas markets. Strategic capabilities ensure that firms can counter threats and take up opportunities in the host country. They also ensure that the firm can effectively meet customer needs, that it has the capability to form valuable partnerships, and that can effectively compete in the markets. In conclusion, strategic capabilities have an influence on a firm’s overseas business.
References
Barney, J 1991, ‘Firm resources and sustained competitive advantage’, Journal of management, 17(1), 99-120.
Berry, H 2010, ‘Why Do Firms Divest?’, Organization Science, 21, 2, pp. 380-396, Business Source Complete, EBSCOhost, viewed 26 October 2016. Retrieved from web.a.ebscohost.com/ehost/pdfviewer/pdfviewer?vid=4&sid=dc96fa0e-9e64-4b3a-adc8-e374324a12d4%40sessionmgr4010&hid=4107
Bhatia, A., Deep, G. & Sachdeva, A 2012, Strategic Analysis Of Search Engine Giant: A
Case Study Of Google Inc., International Journal of Computing & Business, ISSN Online), 2229-6166. Retrieved from Researchwww.researchmanuscripts.com/isociety2012/55.pdf
Contractor, F. J., Kundu, S. K., & Hsu, C. C 2003, ‘A three-stage theory of international expansion: The link between multinationality and performance in the service sector’, Journal of International of Business Studies, 34(1): 5-18.
Frost, T. S., Birkinshaw, J. M., & Ensign, P. C 2002, Centers of excellence in multinational corporations, Strategic Management Journal, 23(11): 997-1018.
Goodman, M., & Dingli, SM 2013, Creativity and Strategic Innovation Management, New York, Routledge.
Grant R 2012, Contemporary Strategy Analysis: Concepts, techniques, applications, 8th Ed, London, Blackwell.
Grant, R. M 2016, Contemporary Strategy Analysis: text and cases, 9th edn. Chichester,Wiley & Sons.
Johnson, G., Whittington, R., Scholes, K., Angwin, D. & Regnér, P 2014, Exploring strategy: text & case, Tenth edition, Harlow, Pearson.
Jonathan et al 2015, Yahoo: Failures, Retrieved from
Kolev, K. D 2016, To Divest or not to Divest: A Meta?Analysis of the Antecedents of Corporate Divestitures, British Journal of Management, 27(1): 179-196.
Meyer, K. E., Wright, M., & Pruthi, S 2009, ‘Research notes and commentaries managing knowledge in foreign entry strategies: A resource-based analysis’, Strategic management journal, 30(6), 557-574.
Mudambi, R 2008, ‘Location, control and innovation in knowledge intensive industries’,Journal of economic Geography, 8(5): 699-725
Sea Jin, C, & Singh, H 1999, ‘the impact of modes of entry and resource fit on modes of exit by multibusiness firms’, Strategic Management Journal, 20, 11, pp. 1019-1035, Business Source Complete, EBSCOhost, viewed 27 October 2016.
Shaver, J. M., Mitchell, W., & Yeung, B 1997, ‘The effect of own‐firm and other‐firm
experience on foreign direct investment survival in the United States, 1987–92’, Strategic Management Journal, 18(10): 811-824.
We can write this or a similar paper for you! Simply fill the order form!
Types of Business Organization Order Instructions: Please read below for information concerning assignment. Support responses with examples and use APA formatting in the paper.
Please note that when you log into the website you must click launch class, and on the next screen click syllabus to view this week’s readings (week 3) and Academic Resources to access the school’s library.
To support your work, use the textbook, lectures and scholarly outside sources. As in all assignments, cite your sources in your work and provide references for the citations in APA format.
New Business Dilemmas
Read the scenarios and the questions that follow. Identify the legal issue(s) and apply legal concepts and possible arguments for each question. Prepare a solution for each question using laws, cases, examples and/or other relevant materials. Support your answers with information from the textbook and at least two outside scholarly sources. By Saturday, October 22, 2016, prepare a 5 to 8-page paper that identifies the legal issues and potential solutions and answers all questions presented, supported by relevant legal authority. Properly cite all sources using APA format.
This assignment requires the application of the concepts learned in Weeks 1–3 and is worth significantly more than previous assignments.
The Dilemmas
Devon, a resident of Florida, had so many yards to cut each week that he decided running a yard service would be a great way to help pay for college. Devon decided on a sole proprietorship with the name of Yard Tech. Devon printed cards and flyers that listed the services, prices, testimonials, and contact information. Services included year-round yard cutting, mulching, planting, pruning and a variety of other landscaping services.
Devon billed the customers on his yearly plan on a monthly basis. One of Devon’s new customers, Don, sent him a check for $100, made payable to Yard Tech and signed by the customer. Devon took the cash and checks he collected for the week to the bank and found that Don stopped payment on the check.
Devon purchased two new commercial grade string trimmers and one backpack blower online from Wise Sales for $840. Devon acknowledged the terms and conditions, provided his credit card information and selected UPS to deliver the goods. Devon did not purchase any additional insurance. UPS delivered one trimmer and one blower. The second trimmer was missing and the blower was damaged.
Since Devon was a part-time student, he did not have much capital and tried to save money where he could; therefore, he only used one bank account for his personal and business funds. Devon monitored his account once a week using the online portal furnished by his bank, SunTrust. On Friday night, Devon noticed that $252.33 had been withdrawn from his account on two separate occasions on Thursday. Devon knew that he had not spent that amount of money one time, much less two times in one day. He is afraid that someone fraudulently accessed his account. The following Monday was Labor Day and banks would be closed; however, one branch office was open for four hours on Saturday. On Saturday morning, Devon checked his account again and found that a check for $75 cleared the bank. Devon was able to view a copy of the check and noticed the check was written using another party’s name and address using his routing and account number.
Assignment:
Based on the different situations described in the scenario, create a 5 to 8-page Microsoft Word document that includes the answers to the following questions:
1. Is the sole proprietorship the best option for Devon’s business? Select the type of business organization you believe is best for Devon and provide support for your choice.
2. What are Devon’s options related to the stop payment on the customer’s check?
3. What are Devon’s options related to the undelivered and damaged goods?
4. What course of action would you advise Devon to take on Friday night and/or Saturday morning related to the missing funds? Will Devon be liable for the money withdrawn from her account? Explain why or why not. HINT: Outside sources will likely be necessary.
5. According to your text, what laws govern business and consumer banking transactions? Provide a short summary of how the law(s) affect Devon
6. Identify and explain any ethical concerns Devon may face related to the topics covered.
7. Conclude your paper by providing suggestions for Devon to help prevent future occurrences of these types of legal and ethical problems.
Submit the paper in APA format and properly cite sources on a separate page using APA.
Submission Details
Name your document SU_BUS2038_W3_A2_LastName_FirstInitial.doc.
Submit your document to the W3: Assignment 2 Dropbox by Saturday, October 22, 2016.
Assignment 3 Grading Criteria Maximum Points
Analyzed types of business organizations Devon could select for his business. Selected one type of organization and provided support for the choice. 30
Analyzed Devon’s remedies related to the stop payment on the customer’s check. Provided a thorough analysis and description of the options. 20
Evaluated remedies for the undelivered and damaged goods. The report thoroughly explained options based on the scenario. 25
Analyzed appropriate course of action and potential liability for the unauthorized transactions. 25
Evaluated laws related to business and consumer banking transactions and provided a summary of how the laws affect Devon’s business. The report correctly and thoroughly analyzed the relevant laws. 20
Analyzed any ethical issues. 10
Evaluated suggestions to prevent future occurrences of the legal and ethical issues identified in the dilemma. 30
Written components. 40
Total: 200
Types of Business Organization Sample Answer
Types of business organization
There are different forms of business organization that individuals can consider when they want to start a new business. The different types of business organizations include sole proprietorship, Limited Partnership (LPs), Limited Liability Companies (LLCs), Limited Liability Partnerships (LLPs), and corporation. Legal issues, financial matters, personal concerns, and tax issues influence the suitability of the various forms of business organization. The benefit of adopting a sole proprietorship structure is that the procedure is simple and low-priced, compared to other organizational structures. A sole proprietorship does not have to pay corporate taxes and all the profits realized are reported on the business owner personal income tax return. However, the business owners of the sole proprietorship are personally liable for the obligations of the business and actions of the workers representing the business. Furthermore, the sole proprietorship structure has a limited life and ceases when the business owner dies (Twomey, Jennings & Greene, 2015).
One or more general partners and one or more limited partners can form a limited partnership (LPs). The general partners preserve most of the power in partnership through making major decisions of the business. Conversely, the general partners assume full responsibility for the liabilities of the business. The limited partners’ faces limited liability, thus liable up to their contribution in the business and business assets when the business goes bankrupt or is sued. Nonetheless, the limited partner has limited powers on normal business matters or big decisions (Twomey, Jennings & Greene, 2015).
Limited Liability Company (LLCs) is a business structure that integrates features of corporation and partnership structures. One or more individuals, corporations or other LLCs can form LLCs. The members of LLCs are not personally liable to the business obligations and the realized profit or losses of the business are declared on members’ personal income tax return (Twomey, Jennings & Greene, 2015).
Professionals in accounting and law fields mostly use limited liability partnership (LLPs). The LLPs partners are not liable to careless actions of other partners and are not personally responsible for business obligations. Moreover, the LLPs do not pay taxes hence the partners file their personal income taxes return (Twomey, Jennings & Greene, 2015).
Limited Liability Company is the best structure for Devon business. The LLCs can be formed by Devon alone and would not be personally liable to the obligations of the business or when it is sued. Moreover, Devon business will not be liable to pay taxes, but the realized profits or losses of the business would be reported on Devon personal income tax return (Twomey, Jennings & Greene, 2015).
Types of Business Organization and Devon’s options related to the stop payment on the customers check
Devon has options to pursue in relation to the stop payment on the customer check. Firstly, Devon should contact the customer and ask why he put a stop payment on the check. It might be the customer did not have sufficient money to pay the check, thus to avoid a bad check he stopped the payment. If the customer responds that, he did not have enough money this will create a chance for Devon and the customer to agree on modes and period of payment. Furthermore, the customer might have stopped payment on the check because he was dissatisfied with the services rendered by Devon; hence contacting the customer will assist in resolving the matter. The California civil code states that a person who has sued someone who has stopped payment on a check should be awarded damages and three times the face value of the check with a minimum of $100 fine and a maximum of $ 1500. However, before suing the customer, Devon should send a notice by licensed mail to the customer indicating her intention to file charges against the customer due to the stop payment on the check. Devon should offer a copy of signed and written demand in court and licensed mail receipt indicating delivery of the notice to the customer. Furthermore, Devon should demonstrate that the customer did not stop the payment because he was not satisfied with her services. After the failure of the customer to pay after thirty days, Devon should sue the customer (The Superior Court of California, 2016).
Types of Business Organization and Devon’s options related to the undelivered and damaged goods
The Uniform Commercial Code (UCC) outlines remedies for Devon after the Wise sales breached the contract. Devon’s first option is to cancel the contract. When Devon notifies Wise sales that she has terminated the contract, she is entitled to recover the $840 she had paid for the goods. She is also obliged to return the one trimmer and damaged blower. Alternatively, Devon can contact another supplier and purchase one trimmer and one blower to replace the undelivered and damaged goods. Therefore, Devon’s damages will be calculated using the cost incurred to cover plus supplementary and momentous damages. Supplementary damages comprise expenses incurred on inspection, delivery, and storage of goods. Momentous damages comprise of expenses resulting from the breach, such as loss of profits. In addition, the Sales of Goods Act states that consumers’ goods should be replaced and repaired if they do not adequately match to the terms of the mutually agreed contract (Twomey, Jennings & Greene, 2015).
Types of Business Organization and Devon course of action to the missing funds
Devon should respond swiftly by reporting the matter to the bank on Friday night by sending an email that explains the fraudulent activities that have happened to her account. On Saturday morning, she should go to the bank and confirm receipt of her email. If they did not receive the email, Devon should report the matter so that the bank can commence its investigation on the issue. If Devon reports the matter to the bank within two days, she would be liable to $50 in losses for the money withdrawn from her account. Federal Reserve has provided Reg E, which is a set of regulations that oversee all manner of electronic transactions. The Regulation E limits the consumer liability for illegal electronic fund transfers to $ 50 if the consumer reports the matter within two days to their banks. Nonetheless, the consumer liability rises to $500 when they report the matter after three days and the liability is unlimited after the lapse of sixty days (Federal Deposit Insurance Corporation, 2016).
Laws that govern business and consumer banking transactions
Several laws have outlined the rights and liabilities of consumers when conducting their banking transaction. The Regulation E has established rights, liabilities, and responsibilities of consumers in electronic fund transfer methods. According to the Regulation E, Devon will be liable to $50 in losses when she reports the fraudulent withdrawals within two days and the liability is unlimited when she reports the matter after sixty days. The Electronic Fund Transfer Act (EFTA) also establishes consumer rights and responsibilities in relation to electronic fund transfer transactions. The Act requires consumers to report any erroneous statements immediately or within sixty days. The Act argues that Devon would incur a liability loss of $50 when she reports the matter within two days, liability loss of $500 when she reports the matter the third day and the liability would be unlimited when she reports the matter after sixty days (Board of Governors of the Federal ReserveSystem, 2013).
Types of Business Organization and Ethical concerns
When Devon’s customer stopped payment on the check, she was faced with the challenge of choosing the best alternative that would resolve the issue without affecting her relationship with the customer. Devon might choose to file charges against her client, the option will enable her to get her money plus damages, but the option might ruin her relationship with the customer and taint the reputation of her business. Moreover, Devon might consider the option of contacting the customer and find out the reason for stopping payment on the check. The option would not affect her relationship with the customer, but the customer could say their money was insufficient to pay the check, thus leading to delayed payment (Twomey, Jennings & Greene, 2015).
The breach of contract by Wise sales presents Devon with the option of cancelling the contract or to recover by purchasing goods from another supplier then Wise sales will be liable for the covering cost and other damages. Nonetheless, the option will spoil their relationship and hinder them from participating in future contracts (Twomey, Jennings & Greene, 2015).
Types of Business Organization and Suggestions for Devon to help prevent future occurrences of these types of legal and ethical problems
Devon should adopt other online payment methods that secure her credit card information and prevent people from using her credit card details to use her money. Financial institutions, such as the Bank of America will allow Devon to create a distinctive and temporary card number for every online purchase. The temporary number will be different from Devon’s regular number, expires after a certain period, and is valid for the single online vendor (Twomey, Jennings & Greene, 2015).
Devon should consider reputable online stores like Amazon when purchasing goods online. Amazon is suggested to offer a variety of products and has the option of using Pay Pal that is a safer method of payment. Moreover, Devon should consider courier services by FedEx express that is ranked among the best courier companies in the world (Twomey, Jennings & Greene, 2015).
Finally, Devon should consider other modes of payments, such as paying by cash that eliminates the problem of customers stopping payments of the checks. Moreover, this mode of payment will protect Devon’s money and personal data from safety violations (Twomey, Jennings & Greene, 2015).
Federal Deposit Insurance Corporation. (2016). FDIC Law, Regulations, Related Acts. Retrieved October 17, 2016, from FDCI Website: https://www.fdic.gov/regulations/laws/rules/6000-1350.html
Twomey, D., Jennings, M., & Greene, S. (2015). Anderson’s business law and the legal environment: Comprehensive volume (23rd Ed). Canada: Cengage learning