Please review the following scenario and place yourself in the position of the new Human Resource Manager for Acme Manufacturing. Once you understand the circumstances of the problems in this organization, please respond to the questions that the General Manager has posed.

Scenario: You just started work as the new Human Resources Manager for Acme Manufacturing, a Fortune 1,000 company. The job was vacant for 6 months prior to your hiring. You have wondered about this, especially since reading about employee harassment incidents and fights recently in the news.

The General Manager (GM) calls you into his office the minute you arrive. He shuts the door after saying a quick word of welcome and begins to tell you about an incident that happened last week that needs your immediate attention. The company's manufacturing operation runs three shifts of production workers so that the plant is operating 24/7. Over the past 6 months, hostilities have arisen between employees on the third and first shifts. What started out as jeering and criticisms by the first shift, claiming they have to clean up the mess and complete all of the work left undone by the third shift, has escalated to physical confrontations and altercations. Although the GM says that aggressive bantering back and forth is common for shift workers in manufacturing, he admits that he is worried about further violent escalation. The GM says he needs your help.

• Where do you think that this evaluation should begin? In your reply, explain your reasoning.
• Explain the different levels of disciplinary actions that will be used for the Acme Manufacturing Company. Your reply should include the levels of discipline and 1 example of a disciplinary action for each level.
• How would you determine the disciplinary action appropriate for the employees involved in this scenario? Your response should include your reasoning.
• Why would you draft policies and procedures associated with disciplinary actions for the workplace? Provide a minimum of 2 reasons in your response.
• How would you ensure that the entire workforce is trained on these new policies and procedures? Provide 1 example in your response.

Write a 5–7-page memo to the GM that provides your responses to his questions above. Be sure to cite any references used in proper APA format.

Question 1 (1 point)

4-3 (True/False) There are major differences between firewalls for wired ad wireless uses.

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Question 2 (1 point)

4-14 Which of the following terms best describes the following diagram?

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Question 3 (1 point)

4-13 Which of the following is the BEST definition of dual-homed?

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Question 4 (1 point)

4-10 Which of the following is the name for a lower-end (small business grade) firewall appliance that is capable of packet filtering, content filtering, intrusion detection, proxy, and application layer filtering?

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Question 5 (1 point)

4-11 Which of the following is most often used for protecting a single computer?

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Question 6 (1 point)

4-7 Which of the following were generation one firewalls capable of?

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Question 7 (1 point)

4-6 the earliest firewalls were only capable of which of the following kinds of filtering?

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Question 8 (1 point)

4-1 Which of the following were firewalls originally conceived to perform?

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Question 9 (1 point)

4-8 Which of the following is the word describing a firewall that is aware of a packet's place in an established and ongoing conversations

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Question 10 (1 point)

4-20 Which of the following refers to a software firewall places on a dedicated server to create an internal hardware firewall?

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Read the case study. Identify three (3) problems and recommendations to solve the problems. Each problem will require a justified recommended solution at least a page each. Zappos CEO Asks Employees to Commit to Teal, or Leave Zappos had modest beginnings. In 1999, shoesite.com was started by Nick Swinmurn to capture online shoe sales. Swinmurn reached out to Tony Hsieh (pronounced “shay”) and Alfred Lin, who were running Venture Frogs, a kind of venture capital group, for advice and funding. Shoesite soon changed its name to Zappos, a riff on zapatos, the Spanish word for shoes, but abstract enough to let the company offer products other than footwear. In 2000 Hsieh joined Swinmurn as co-CEO and then became sole CEO. Quietly charismatic, Hsieh gives quote-worthy interviews and for over a decade has served as the company’s public face and voice. (Swinmurn left in 2006.) Zappos has achieved great financial success. Revenue jumped from $1.6 million in 2000 to over $1 billion by 2008. This success led Amazon.com to purchase the company for $1.2 billion in 2009. And today? While Amazon does not separate Zappos revenues in its annual report, the division’s sales are assumed to continue at well over $1 billion annually. Hsieh told Jennifer Reingold, a Fortune reporter, that the company had achieved its highest operating profit ever in 2015.119 Tony Hsieh’s Vision for the Company Hsieh has long cared about employee welfare, as evidenced by his book titled Delivering Happiness. He asserts that employee satisfaction is essential for business success. Today, his goal is to turn Zappos into a “teal” company: teal represents a company “characterized by self-management, bringing one’s ‘whole’ self to work, and having a purpose beyond making money,” according to Fortune. To get there, Hsieh implemented an organizational structure he calls a holacracy. Moving to Holacracy Zappos historically favored an informal and flatter organization structure that probably best fits the horizontal form of organizational design discussed in this chapter. The company preferred this design because it felt bureaucracy and hierarchy might dampen the creativity and employee engagement needed to provide great customer service, a primary corporate goal. Although this design aided Zappos throughout its growing years, in 2013 Hsieh came to believe that Zappos’s organizational structure was limiting what employees had to offer. It was time for a change. Hsieh told The Wall Street Journal, “Employees have so much more to offer. They’re a full human being that has all these skills that, if they’re given the right context to collaborate with each other and be creative and help move the company forward, they will do that.”120 In a holacracy, the traditional hierarchical structure and reporting relationships are replaced by self-management. There are no job titles and no managers. “It removes power from a management hierarchy and distributes it across teams that have a clear set of roles, responsibilities, and expectations. Instead of being assigned to a particular job position or description, roles of employees are defined around the work. These roles are constantly being updated and employees fill several roles. Additionally, employees work within a team in which authority is equally distributed among its members," according to management blogger.121 These teams represent a hierarchy of work circles. A writer for Fortune noted that each team has a different purpose, and the circles “operate next to, and on top of, each other. … Lead links are the nominal managers—but they have little formal authority and can’t force employees to do anything they don’t want to do.”122 A writer from Forbes described the structure as a hierarchy of circles that operate according to detailed procedures outlined in the Holacracy Constitution. “Each higher circle tells its lower circle (or circles) what its purpose is and what is expected of it. It can do anything to the lower circle—change it, re-staff it, abolish it—if it doesn’t perform according to the higher circle’s expectations. The word customer or a reference to any feedback mechanism from the customer doesn't appear even once in the Holacracy Constitution. The Page 629arrangements are purely inward-looking and vertical,” according to Forbes.123 As of 2015, more than 300 circles covered the areas of customer service, social media, Holacracy implementation, and others.124 The Holacracy Constitution was developed by Brian Robertson, the software executive who proposed this form of organizational design. This document contains a language unique to this form of structure and detailed procedures for running governance and tactical meetings and expressing “tensions.” A tension is an employee concern or problem about something happening at the company. Circles are expected to resolve tensions. Employees are expected to use the language and procedural guidelines in the constitution. Hsieh notes this process makes everything explicit. In other words, holacracy creates bureaucracy and hierarchy. “The ironic thing is there’s actually a lot more structure and we have governance meetings. Each circle has its own governance meetings that list accountabilities and change purpose statements and so on,” he said.125 Employees are allowed to move from circle to circle if they believe their talents can be used more effectively elsewhere or they are unhappy in their current circle. The Outcomes of Holacracy at Zappos In attempt to optimize P-O fit, in 2015 Hsieh offered employees three months of severance pay if they did not like working in the new structure. About 14 percent of Zappos’s 1,500 employees took the deal. This is huge when you consider that the company’s traditional turnover rate has been about 1 percent.126 Hsieh isn’t overly concerned and even provided this positive spin: “Another way to look at it is that 86 percent of employees chose to walk away from the ‘easy money’ and stay with the company.” Zappos simply went out and hired more people. Fortune reporter Reingold concluded that holacracy creates winners and losers. On the positive side, it sparked new ideas and provided more opportunities for less senior employees because experience and expertise were de-emphasized in the new structure. It also benefited introverts in that they now are expected to speak up in meetings. It also helped dissatisfied employees such as Derek Noel. Noel was a customer service representative who wanted to transfer to the company’s culture team. His boss had blocked the transfer, but under holacracy, he was no longer allowed to do this. So Noel moved to the Fungineering circle, an events-planning/pep team.127 On the downside, the new structure is vague about how people receive performance evaluations and pay raises. Some are concerned about promotional opportunities because there are no managerial job tracks. Employees told The Wall Street Journal, “The new system has been confusing and time-consuming, especially at first, sometimes requiring five extra hours of meetings a week as workers unshackled from their former bosses organize themselves into ‘circles’ and learn the vocabulary of holacracy.”128 Now What? Hsieh wrote a 4,300-word memo to employees in 2015 called, “Reinventing Zappos: The Road to Teal.” (Remember that he earlier asked people to commit to a holacracy culture and 14 percent of the employees quit.) He then asked everyone to commit to teal or leave (with a nice severance package). He felt that nonbelievers needed to go. According to Fortune, “In the end, 18 percent of the 1,500 employees took buyouts, and another 11 percent left without a package.”129 All told, about 29 percent of Zappos employees quit the company as a result of instituting a holacracy culture in pursuit of becoming teal. Many remaining employees feel it’s time to refocus on organizational culture. It was suggested that circles include a “culture check” at every governance meeting. The company has also revised its recruiting process to assess whether applicants fit the new structure and philosophy of teal. In 2016, Zappos did not make Fortune’s list of Best Places to Work for the first time in eight years. Its scores on 48 of 58 questions had dropped.130

The Criminalization of American Business

What do Bank of America, Citigroup, JPMorgan Chase, and Goldman Sachs have in common? All paid hefty fines for purportedly misleading investors about mortgage-backed securities. In fact, these companies paid the government a total of $50 billion in fines. The payments were made in lieu of criminal prosecutions.

Today, several hundred thousand federal rules that apply to businesses carry some form of criminal penalty. That is in addition to more than four thousand federal laws, many of which carry criminal sanctions for their violation. From 2000 to 2019, about 3,200 corporations either were convicted or pleaded guilty to violating federal statutes or rules.

Criminal Convictions

The first successful criminal conviction in a federal court against a company—the New York Central and Hudson River Railroad—was upheld by the Supreme Court in 1909 (the violation: cutting prices). Many other successful convictions followed.

One landmark case developed the aggregation test, now called the Doctrine of Collective Knowledge. This test aggregates the omissions and acts of two or more persons in a corporation, thereby constructing an actus reus and a men's rea out of the conduct and knowledge of several individuals.

Not all government attempts at applying criminal law to corporations survive. Courts have sometimes found insufficient evidence to show that a company acted with specific intent to commit a crime. Often, however, companies choose to reach settlement agreements with the government rather than fight criminal indictments.

Many Pay Substantial Fines in Lieu of Prosecution

More than four hundred corporations reached so-called non-prosecution agreements with the government from 2000 to the beginning of 2019. These agreements typically involve multimillion- or multibillion-dollar fines. This number does not include fines paid to the Environmental Protection Agency or to the Fish and Wildlife Service.

According to law professors Margaret Lemos and Max Minzner, “Public enforcers often seek large monetary awards for self-interested reasons divorced from the public interest and deterrents. The incentives are strongest when enforcement agencies are permitted to retain all or some of the proceeds of enforcement.”

Questions Presented

1 A. Why might a corporation’s managers agree to pay a large fine rather than to be indicted and proceed to trial?

B. How does a manager determine the optimal amount of legal research to undertake to prevent her or his company from violating the many thousands of federal regulations?

(At least 100 word response for each please)

1. A transfer of contractual duties by the obligor to another party for performance is:

   	a.	delegation of duties
   	b.	assignment of a contractual right
   	c.	declaration of duties to a third party
   	d.	none of the above

2 points   

QUESTION 27

1. If a contracting party fails to perform a duty owed under a contract, there is:

   	a.	a breach of contract
   	b.	an illusory remedy available at law
   	c.	substantial performance waived
   	d.	A and C are appropriate

2 points   

QUESTION 28

1. When a minor voluntarily leaves home and lives apart from their parents, the minor is:

   	a.	a competent party due restitution
   	b.	owes a minor's duty of restoration
   	c.	emancipated
   	d.	has no legal duties or obligations.

2 points   

QUESTION 29

1. Certain state statutes require certain contracts to be in writing

   	a.	statute of limitations
   	b.	statute of word processing
   	c.	statute of primary purpose
   	d.	statute of frauds
   	e.	none of the above

2 points   

QUESTION 30

1. Forbearance of a legal right is a form of:

   	a.	bargained for exchange
   	b.	gift promise
   	c.	consideration
   	d.	nominal consideration

2 points   

QUESTION 31

1. Joe Sr. tells his son, Joe Jr., he will give him $1,000 if he does not smoke "crack" while in college.  Can Joe Jr. enforce the contract if he regrains from "smoking" during college?

   	a.	no because it was an illusory promise
   	b.	no, because it was based on a moral obligation
   	c.	no, because it was a promise to refrain from doing an illegal act
   	d.	no, because it was based on past consideration

2 points   

QUESTION 32

1. If a minor does not disaffirm a contract prior to reaching majority (18) or sometime reasonable soon thereafter, the contract is:

   	a.	voidable
   	b.	void
   	c.	misrepresented
   	d.	ratified

2 points   

QUESTION 33

1. If either party to a contract has the opinion to avoid their contractual obligation, it is:

   	a.	a valid contract
   	b.	a void contract
   	c.	a voidable contract
   	d.	an unenforceable contract

2 points   

QUESTION 34

1. If an offeree responds to an offer by offering terms and conditions different from the original offer, it is:

   	a.	a revocation of the offer by the offeror
   	b.	a rejection by the offeree
   	c.	a counter-offer by the offeree
   	d.	a promisory estoppel

2 points   

QUESTION 35

1. A rule that says an acceptance is effective, even if it is lost in the mail is called:

   	a.	mirror image rule
   	b.	acceptance upon dispatch - "mail box" rule
   	c.	acceptance is effective upon receipt
   	d.	none of the above applies

Dany needs help with some personal finance concepts and has turned to you for help. Insert the correct word from the choice of words at the end of this Mini-Case 1 to complete the sentence (note: not all words will be used): (8 marks -1 mark each)

• Pooled investments is an investment fund that pools together money from many investors; it provides for diversification, _______________________________________, and marketability.

• When applying for life insurance, the information you provide about your medical history and lifestyle is used to determine your eligibility for coverage and your ______________________.

• ______________________________________ insures against costs of damage to your car resulting from an accident in which the driver of your car is at fault.

• A ___________________________ is a gift that results from the instructions provided in a Will.

• A person specified in a Will to receive part (or all) of an estate is called a ___________________________________. For life insurance proceeds, this person receives the insurance payment directly upon the death of the insured as it does not form part of the estate.

• The ______________________________________ is the dollar value of the Estate assets that will be distributed to the surviving spouse before assets are distributed among all potential beneficiaries.

• The ______________________________________ is written solely in the handwriting of the testator and it does not require any witnesses.

• Sarah is leaving for vacation and will be travelling around the world for six months. She has decided to leave her brother, Aaron in charge of her affairs to pay her bills and take care of her home while she is away. Sarah should have a notary prepare a ______________________________________ to allow Aaron to make specific decisions on her behalf.

Robert Campbell and Carol Morris are senior vice-presidents of the Mutual of Chicago Insurance Company. They are co-directors of the company's pension fund management division. A major new client has requested that Mutual of Chicago present an investment seminar to illustrate the stock valuation process. As a result, Campbell and Morris have asked you to analyze the Bon Temps Company, an employment agency that supplies word processor operators and computer programmers to businesses with temporarily heavy workloads. You are to answer the following questions.

a. What is the difference between common stock and preferred stock? What are some of the characteristics of each type of stock?

b. (1) Write a formula that can be used to value any stock, regardless of its dividend pattern.

(2) What is a constant growth stock? How do you value a constant growth stock?

(3) What happens if the growth is constant, and g > rs? Will many stocks have g > rs?

c. Bon Temps has an issue of preferred stock outstanding that pays stockholders a dividend equal to $10 each year. If the appropriate required rate of return for this stock is 8%, what is its market value?

d. Assume that Bon Temps is a constant growth company whose last dividend (D0, which was paid yesterday) was $2 and whose dividend is expected to grow indefinitely at a 6% rate. The appropriate rate of return for Bon Temps' stock is 16%.

(1) What is the firm's expected dividend stream over the next 3 years?

(2) What is the firm's current stock price?

(3) What is the stock's expected value one year from now?

(4) What are the expected dividend yield, the capital gains yield, and the total return during the first year?

e. Assume that Bon Temps' stock is currently selling at $21.20. What is the expected rate of return on the stock?

f. Assume that Bon Temps is expected to experience supernormal growth of 30% for the next 3 years, then to return to its long-run constant growth rate of 6%. What is the stock's value under these conditions? What are its expected dividend yield and its capital gains yield in Year 1? In Year 4?

g. Suppose Bon Temps is expected to experience zero growth during the first three years and then to resume its steady-state growth of 6% in the fourth year. What is the stock's value now? What are its expected dividend yield and its capital gains yield in Year 1? In Year 4?