Melvin, S. P. (2011). The legal environment of business: A managerial approach: Theory to practice. New York, NY: McGraw-Hill/Irwin.
You are second in command in HR for your company. Based on your Employment Contract, one of your duties is to conduct criminal background checks on new hires. In the past, you have been criticized on your Performance Appraisal for failing to conduct checks on a number of employees. In fact, you have received notice in writing that if your manager learns that you failed to conduct another criminal background check on a new hire, you will be terminated. You then learn through an anonymous source that an employee you hired in the past, X, has a conviction on his record for kidnapping a 5 year old child for ransom purposes. You check his personnel file and learn he did not answer the prior conviction question on his application. However, you did not order the background check for X either, nor did you followup on the unanswered question. You hastily conduct a check and find the anonymous tip to be true. The problem is that X is under contract as the sole manager of the employee daycare facility, a position to which you appointed him. You speak with X who admits the conviction but says it occurred 15 years ago, and that he is now completely cured of his problem as a result of psychiatric treatment so there is nothing for you to worry about. You sense he seems to have an idea your job may be at risk.
1. Identify any contract issues faced by you, X and your manager.
2. What if any contract defenses exist, or potentially exist, based on the quandary created by this scenario?
Be sure to number each subpart.
Take any statute you have studied in this course, be sure to cite the name and page number in the text where it appears, then, discuss same as follows:
1. Describe the statute and its’ impact on business in general,
2. Provide an example of how the statute has affected the industry in which you work, and/or how you might want to amend same to make it more effective.
You can select a statute from any week of the course. Some examples include, but are not limited to, The Foreign Corrupt Practices Act of 1977; the Securities Act of 1933; Sarbanes-Oxley; the Federal Trade Commission Act; the CANSPAM Act; the Consumer Product Safety Act; the Food, Drug and Cosmetic Act; the Fair Credit Reporting Act; the Fair Debt Collection Practices Act; etc.
Do your best not to select a statute already chosen by one of your classmates. You are not limited to statutes on this list, as any statute in the text qualifies.
Be sure to number each subpart; 150-200 words should suffice in answering this question.