Organizational Culture Assessment

Presentation Every association has its own serious systems. Notwithstanding, these procedures can't work without a solid hierarchical culture. Hierarchical culture has the upside of expanding worker responsibility to the firm. Likewise, it empowers the association to characterize its systems effectively.Advertising We will compose a custom article test on Organizational Culture Assessment explicitly for you for just $16.05 $11/page Learn More This is fundamental as it guarantees fruitful execution of exercises important for accomplishment of hierarchical objectives. Hierarchical culture is likewise significant in boosting creation through representative inspiration. This is especially critical to human capital whose worth is amplified by the privilege hierarchical culture. Basically, hierarchical culture frames a fundamental piece of the board competency. While these characteristics can be accomplished through execution of the privilege authoritative culture, deciding a compelling so ciety is very troublesome. This paper will investigate corporate culture, its jobs in associations and the variables that impact its execution (Senge, 2006, p. 55). Authoritative culture incorporates ideas, for example, suspicions, values, convictions, curios and practices, among others. It, along these lines, attempts to diminish changeability in the workforce. This takes into consideration simpler control and molding of staff conduct. Basically, it characterizes the particular character of an association since it fluctuates starting with one association then onto the next. Culture, thusly, assumes a urgent job in authoritative arrangement. Authoritative culture associates representatives together and guarantees productivity in execution of exercises. Additionally, correspondence is basic for executing the correct culture. What's more, when the correct culture is actualized, workers are typically propelled to expand production.Advertising Looking for article on business financial a spects? We should check whether we can support you! Get your first paper with 15% OFF Learn More in such manner, it is fundamental that the correct correspondence structure is set up to accomplish wanted destinations. Besides, inspiration is a focal factor in deciding an organization’s seriousness (Andreas, 2006, p. 159-172.) Motivation can be characterized as the desire to accomplish something. For example, associations with propelled staff make the most of their work. This improves both effectiveness and nature of creation. In addition, it spares time and makes open door for advancements. Inspiration is fundamental to each association. Truth be told, when representatives are persuaded, they can make just as actualize imaginative thoughts. Solid distinguishing proof is significant in empowering representatives to be a piece of the association. This gives them a feeling of having a place, which is critical in digging in soul of solidarity in the group. Plus, their feeling of development must be accomplished if the association grasps inventive standards. Strikingly, these standards must be accomplished through execution of solid hierarchical culture. Inspiration is typically gotten from successful hierarchical culture. Hierarchical culture is basic in making responsibility among representatives. This fortifies their inspiration to accomplish authoritative objectives. Inspiration is an extremely noteworthy factor in associations since it influences returns. At the point when representatives are not roused then hierarchical targets can't be accomplished. Besides, it is significant that representatives make the most of their working conditions. This aides in affecting on the cooperation just as inspiration. Corporate culture strengthens shared and singular convictions. This is then permitted to create as representatives share similar qualities. Authoritative culture is consequently huge in driving representative inspiration. Be that as it may, it is importa nt to take note of that some association societies are uninspiring.Advertising We will compose a custom exposition test on Organizational Culture Assessment explicitly for you for just $16.05 $11/page Learn More Such associations face such issues as settled for the easiest option of execution. Inspiration is hence an imperative factor in corporate culture (Bisel, Messersmith Keyton, 2011, p. 564-585). High preforming organizations have characterized objectives and approaches to contact them. Truth be told, they flourish in propelling their workers for a similar course. So as to keep up such elevated expectations, the organization must conceive a dependable inspiration. A few organizations have done this through motivating forces that might be in type of money or not. Nonetheless, it has been discovered that non-money motivators work best for organizations. Representatives who feel esteemed will in general work with a typical reason. In such manner, it is significant that organizatio ns include their representatives in making authoritative culture which is fundamental in giving inspiration to work. Additionally, esteem making organizations, for example, Proctor and Gamble, among others have dealt with this through execution of compelling authoritative culture. This has demonstrated to impact fulfillment of objectives inside wanted periods. Inspiration impacts employees’ conduct through poise. This empowers them to investigate their necessities inside the firm and accomplish them by helping the organization. Indeed, persuaded representatives assume full liability for their activities which is significant for responsibility. Inspiration catalyzes employees’ want to perform. At the point when this is developed inside the organization, at that point new contestants come into the way of life of that organization. This is significant in keeping center around objectives and competency (Keyton, 2004, p. 215). Initiative is essential in any association. Als o, a pioneer must comprehend that company’s authoritative culture. This is significant in mirroring its targets and empowering representative inspiration. Pioneers ought to cherish organization arrangements and crucial impact inspiration in employees.Advertising Searching for exposition on business financial aspects? How about we check whether we can support you! Get your first paper with 15% OFF Find out More Also, the pioneer ought to guarantee that corporate culture gives workers a feeling of having a place just as pride. This will rouse them to buckle down so as to keep up such status. Pioneers should hope to coordinate culture levels from departmental subcultures to corporate suppositions into inspiration. This is basic in coordinating shared vision for all workers in the organization. Also, recognizable culture ought to be in accordance with destinations of the organization as this decides levels of inspiration for representatives. Fundamentally, viable pioneers must comprehend social impacts on associations so as to concoct one that would impact inspiration. Likewise, the pioneer ought to include all partners in deciding best corporate culture for the organization (Nayak, Padhi, Barik, Mohanty Pradhan, 2011, p. 323-334.) Communication is basic in any association. It very well may be characterized as the exchange of data between offices. Correspondence as a factor in authoritative cu lture is very basic since it decides the way wherein data is gotten and decoded. Correspondence is used to diffuse pressures that could emerge because of complex hierarchical structures. In addition, it is a wellspring of limitation and imagination. This makes it imperative for authoritative culture. Global organizations utilize laborers from various pieces of the world. Additionally, they have branches in different pieces of the globe. It is consequently focal that powerful correspondence is utilized to accomplish wanted outcomes. This must be accomplished if correspondence is coordinated to comply with hierarchical culture. Representatives in an organization ought to communicate in one language, that is, the organization language, which is as per its corporate culture. This guarantees the correct data is sent and gotten. Boundaries, for example, convictions and standards that contrast starting with one network then onto the next would be of irrelevant impact when the organization digs in hierarchical culture. Besides, representatives would communicate in one language that is one of a kind to the organization. Generally, correspondence is so indispensable to authoritative culture that it can't be disregarded at any expense. Truth be told, due to the ever-evolving patterns, it is significant that such changes are watched and dealt with to set up the best method of correspondence (Guide to Communication and Corporate Culture, 2008, p. 1). Compelling correspondence is fundamental in each high performing organization since it guarantees the correct levels of leadership is followed at the right time. Viable correspondence additionally guarantees that the correct message is conveyed and is followed up on as required. In such manner, organizations with great authoritative societies spare time in correspondence. Additionally, almost no misconceptions are experienced. This is useful for improvement of the organization. Time is imperative to organizations as it improve s productivity and return, in this manner, both flat and vertical correspondence lines should be coordinated with hierarchical culture. This can be very troublesome toward the start. Be that as it may, with much exertion and collaboration from all partners, it can likewise be accomplished (O’Reilly, 1989, p. 9). Individuals from various societies have various practices in light of their condition. Notwithstanding, when they coordinate into the organization just as gain proficiency with its correspondence system, this can change and achieve solidarity through authoritative culture. This is fundamental for appropriate coordination and move of data from the board to workers just as between representatives. Organizations should, in this way, avoid social groupings between workers as this draws them away from hierarchical culture. Simultaneously, they should grasp decent variety so as to keep representatives spurred and acknowledged. Adjusting these variables can be troublesome. I n any case, with the equivalent authoritative culture, this is practicable (Boleman Deal, 2008, p. 11). Authority is es

Getting cut

Presentation Rejection is one of the difficult encounters an individual particularly at the youthful age needs to experience. Typically at juvenile stage, youngsters are thinking about themselves as well as growing socially and financially. Confidence is the significant quality an adolescent may effectively lose while developing up.Advertising We will compose a custom exposition test on Getting cut-dismissed or not getting what you need explicitly for you for just $16.05 $11/page Learn More Personally, when I was in the fourth grade, my folks constrained me to join a close by live-in school yet my first experience or relationship with the new understudies and educators formed and propelled me into where I am today. Other than being dismissed because of terrible scores, I was overweight and in this manner I couldn't capably investigate the extracurricular exercises, which left me damaged and forlorn. In any case, how the dismissal assembled my confidence, force and future remained my inquiry. An assembled explore led positioned my school the most exceedingly terrible in the town. My dad selected to enlist me to better performing school when contrasted with my past one. Notwithstanding, I never realized my exchange would stamp the defining moment in my life. The new school had some splendid haughty understudies generally from rich families whom educators, supported, yet in addition applauded. Then again, I was from a low standard school with a poor order of English and overweight when contrasted with my schoolmates. Physical training was one of the extracurricular exercises every understudy needed to take an interest. Additionally, the school organization presented another sporting event, trapeze artistry in which each understudy regardless of the size foreseen locks in. In spite of the fact that I weighed around fifty kilograms at just nine years of age, I had the inclination to take an interest in the game. Moreover, I was shorter than the remainder of the unde rstudies. Subsequently, I was effectively obvious during the game. Tragically, the aerobatic exhibition teacher disdained me. Truth be told, she needed to chasten me all the time because of my poor coordination during the exercises. I needed to continue on in light of the fact that it was compulsory for all understudies to partake in the game. It was on a Friday evening not surprisingly, and all the understudies from the main evaluation to fifth needed to present to the school the aerobatic exhibition to the including the educators. Because of my apprehension, I missed my coordination. Accordingly, the teacher gruffly considered me a ‘fat idiotic pig’ for being both stout and as the most noticeably awful entertainer in her group. Thusly, I needed to drop out of the game, as she trained me to make a few laps around the playing field regularly to empower me lose my weight. I obliged yet the most exceedingly terrible was to come toward the finish of the term. I was the rea rward in my group upon the arrival of the assessment results, which was mortifying. The games teacher who was additionally my class special lady transparently instructed me to quit eating the school food since I was just becoming fatter and not performing great in class. Tears loaded up with dread and scorn streamed. I even mulled over on submitting suicide.Advertising Looking for paper on sociologies? How about we check whether we can support you! Get your first paper with 15% OFF Learn More The conviction I was a disappointment, dumb and an idiot: an understudy with powerlessness to hold anything both in class and open air, spurred me to begin another life. The main activity I took by and by was to begin eating beneficial to chop down my weight. In addition, I needed to acknowledge and value my body to chop down the mental injury I was experiencing. Then again, I understood my poor character with different understudies added to my poor class execution. Wonderfully, subsequent to o riginating from my school occasion, I was somewhat lean contrasted with the past term. The fundamental inspiration of changing my life was to humiliated and refute the individuals particularly educators who saw me as a disappointment. To perform better, I acutely watched the best understudies in my group. Their conduct, development and perusing strategies merited complimenting. I even framed a tight bond with one of them. Moreover, I chose to stop the aerobatic exhibition class by faking disorder and focusing on my examinations. In the subsequent term, I performed better however not at the highest point of the class, this quickened my inspiration to turn into the best in my group. At last, in the mid-term tests, I was among the best three understudies in my group. Amazingly, my class special lady changed my sitting position since she trusted I replicated my tests from my work area mate. By the by, toward the finish of the term, I turned into the best understudy in my group and even won the kindness of a portion of the educators. Other than being upbeat for my accomplishment, I was pleased for refuting my class courtesan. From that point forward, I have never thought back in accomplishing what my heart wants particularly scholarly astute. As of now, I am a new alumni roused to accomplish the best throughout everyday life. In this manner, dismissal is a hindrance or boundary that gives the inclination to exceed expectations throughout everyday life. Accordingly, greatness is my pride. In synopsis, each individual needs to confront dismissal in any event once in her life however the manner in which the individual handles the circumstance decides her future. In spite of the fact that I was poor in both class and extracurricular exercises, I wound up overcoming my obstructions to turn into a splendid, knowledgeable and a solid individual in my life.Advertising We will compose a custom paper test on Getting cut-dismissed or not getting what you need explicitly for y ou for just $16.05 $11/page Learn More This article on Getting cut-dismissed or not getting what you need was composed and put together by client Nora Ewing to help you with your own investigations. You are allowed to utilize it for research and reference purposes so as to compose your own paper; be that as it may, you should refer to it as needs be. You can give your paper here.

Utilizing Emotional Intelligence in the Workplace

Utilizing Emotional Intelligence in the Workplace Inspiration Print Utilizing Emotional Intelligence in the Workplace By Kendra Cherry facebook twitter Kendra Cherry, MS, is an author, educational consultant, and speaker focused on helping students learn about psychology. Learn about our editorial policy Kendra Cherry Updated on August 12, 2019 Mikolette / Getty Images More in Self-Improvement Inspiration Happiness Meditation Stress Management Spirituality Holistic Health Brain Health Technology Relationships View All Emotional intelligence, sometimes referred to as EQ (emotional  quotient), refers to a persons ability to recognize, understand, manage, and reason with emotions. It is a critical ability when it comes to interpersonal communicationâ€"and a hot topic not only in psychology but in the business world. The term itself was coined by psychologists in the 1990s, but its use quickly spread into other areas including business, education, and popular culture. What Is Emotional Intelligence? Psychologists Peter Salovey and John D. Mayer, two of the leading researchers on the topic, define emotional intelligence as the ability to recognize and understand emotions in oneself and others. This ability also involves utilizing this emotional understanding to make decisions, solve problems, and communicate with others. According to Salovey and Mayer, there are four different levels of  emotional intelligence: Perceiving emotionsReasoning with emotionsUnderstanding emotionsManaging emotions In the past, emotions and intelligence were often viewed as being in opposition to one another. In recent decades, however, researchers exploring emotion psychology have become increasingly interested in cognition and affect. This area explores how cognitive processes and emotions interact and influence the ways that people think. Consider how emotions and moods such as happiness, anger, fear, and sadness influence how people behave and make decisions. How Emotionally Intelligent Are You? Why EQ Is Important for Success Interest in emotion psychology and the concept of emotional intelligence really caught fire with the 1995 publication of Daniel Golemans book Emotional Intelligence: Why It Can Matter More Than IQ. In the popular book, Goleman argued that emotional intelligence could be just as important, if not even more so, at predicting success in life. These emotional competencies, he argued, also played a particularly important role in the workplace. The concept quickly caught the attention of the public, including human resource managers and business leaders. Researchers have suggested that emotional intelligence influences how well employees interact with their colleagues. EQ is also thought to play a role in how workers manage stress and conflict as well as overall performance on the job. Studies have shown that employees with higher scores on measures of EQ also tend to be rated higher on measures of interpersonal functioning, leadership abilities, and stress management. Other studies have linked higher emotional intelligence with better job satisfaction as well as overall job performance.     Goleman suggested that while traditional intelligence was a quality associated with leadership success, it alone was not enough. People who are successful at work arent just smartâ€"they also have a strong amount of emotional intelligence. But emotional intelligence is not something just for CEOs and senior managers. Its a quality thats important at every level of a persons career, whether you are a college student looking for an internship or a seasoned employee taking on a leadership role. If you want to succeed in the workplace and move up the career ladder, emotional intelligence is critical to your success. Habits of Emotionally Intelligent People Why EQ Matters in the Workplace So why is emotional intelligence such a valued workplace skill? According to one survey of hiring managers, almost 75 percent of respondents suggested that they valued an employees EQ more than their IQ. Emotional intelligence is widely recognized as a valuable skill that helps improve communication, management, problem-solving, and relationships within the workplace. It is also a skill that researchers believe can be improved with training and practice. High EQ in the Workplace Making better decisions and solving problems Keeping cool under pressure Resolving conflicts Having greater empathy Listening, reflecting, and responding to constructive criticism Low EQ in the Workplace Playing the role of the victim or not taking personal responsibility for errors Having passive or aggressive communication styles Refusing to work as a team     Being overly critical of others or not open to others opinions How to Become More Emotionally Intelligent While emotional skills may come naturally to some people, there are things that anyone can do to help improve their ability to understand and reason with emotions. This can be particularly helpful in the workplace, where relationships and business decisions often rely on the interpersonal understanding, teamwork, and communication. Factors such as upbringing and personality tend to play a large role in the development of emotional intelligence, but it is a skill that can be improved with effort and practice. One 2011 study found that participants who trained in key emotional competencies not only showed lasting improvements in emotional intelligence, they also experienced improvements in physical and mental well-being, better social relationships, and lower cortisol (stress hormone) levels. So if you are interested in improving your emotional intelligence skills to benefit your workplace performance, there are a few things you can do. 5 Categories of Emotional Intelligence Self-awarenessSelf-regulationSocial skillsEmpathyMotivation Become More Self-Aware One of the first steps toward utilizing emotional intelligence skills in the workplace is to practice recognizing your own emotions. Self-awareness involves being aware of different aspects of yourself, including your emotions and feelings. It is one of the foundational components of emotional intelligence. In order to recognize your emotions and understand what is causing these feelings, you need to first be self-aware. Pay Attention to How Your Feeling How do these emotions influence how you respond? Do the things you are feeling have an impact on the decisions you make or how you interact with others? As you spend more time reflecting on these questions, you may find that you become much more aware of your own emotions and the role that they play in your daily life. Take Stock of Emotional Strengths and Weaknesses How well do you communicate with others? Do you find yourself experiencing impatience, anger, or annoyance often? What are some ways you can deal with these feelings effectively? Recognizing your weaknesses allows you to look for ways to deal with such shortcomings. Remember That Emotions Are Fleeting A co-worker might irritate you or your boss might give you a frustrating task to complete. Before you react, remember that these things are temporary, so making rash decisions based on intense emotions can be detrimental to your long-term goals and success. How Self-Awareness Develops and Why It Matters Practice Self-Regulation Goleman identified self-regulation as a critical part of emotional intelligence. Being aware of your emotions is an important first step, but you also need to be able to manage the things you are feeling. People who possess good self-regulation are able to adapt well to changing situations. They dont bottle things up, but they do wait for appropriate ways to express their emotions rather than just reacting impulsively at the moment. They also think about how their emotional expressions affect others. Ways to start improving your self-regulation skills in the workplace: Find techniques to release workplace stress. Having hobbies outside of work is a great place to start. Physical exercise is also a healthy way to release stress.Keep your cool. Accept the fact that you cannot control everything, but look for helpful ways that you can respond that dont add fuel to the fire.Think before making decisions. Emotions can overwhelm you in the heat of the moment, but you can make a calmer, more rational choice if you give yourself a bit of time to consider all of the possibilities. How to Develop and Use Self-Regulation in Your Life Improve Your Social Skills Research on emotion psychology also suggests that people with high EQs also have strong social skills. Because they are adept at recognizing other peoples emotions, they are able to respond appropriately to the situation. Social skills are also highly valued in the workplace because they lead to better communication and overall company culture. Employees and leaders with great social skills are able to build rapport with colleagues and communicate their ideas effectively. People with good social skills are not only great team players, but they are also able to take on leadership roles when needed. Listen to What Others Have to Say This doesnt mean just passively listening to other people talk. Active listening involves showing attention, asking questions, and providing feedback. Whether you are in a management role or a team member, active listening can show that you are passionate about work projects and willing to work with others to help the group reach its goals. How to Practice Active Listening Pay Attention to Nonverbal Communication The signals that people send through their body language can convey a lot about what they really think. Hone Your Persuasion Skills Being able to carry influence in the workplace and convince team members and supervisors to listen to your ideas can go a long way in advancing your career. Avoid Office Drama Do your best to stay out of the petty office politics that sometimes take over the workplace, but be aware that conflicts are not always avoidable. Focus on listing to what others have to say and look for ways to solve problems and minimize tensions. Become More Empathetic Emotionally intelligent people are good at stepping into another persons shoes and understanding how they feel. Empathy is more than just recognizing how others are feeling, it also involves how you respond to these emotions. In the workplace, empathy allows you to understand the different dynamics between colleagues and supervisors. It also allows you to recognize who holds power and how it influences the behaviors, feelings, and interactions that flow from such relationships. See Things From the Other Persons Point of View It can be challenging at times, especially if you feel like the other person is wrong. But rather than let disagreements build up into major conflicts, spend time looking at the situation from anothers perspective. It can be a great first step toward finding a middle ground between two opposing points of view. Pay Attention to How You Respond to Others Do you let them have a chance to share their ideas? Do you acknowledge their input, even if you disagree? Letting others know that their efforts have merit often helps everyone feel more willing to compromise. Why Is It Important to Use Empathy in Certain Situations? Work on Your Motivation Another key component of emotional intelligence is something known as intrinsic motivation. People who have strong EQ tend to be more motivated to achieve goals for their own sake. Rather than seeking external rewards, they want to do things because they find them fulfilling and they are passionate about what they do. Money, status, and acclaim are great, but people who are highly successful in the workplace are usually motivated by something more than that. They are passionate about what they do. They have a commitment to their work, they love taking on new challenges, and their enthusiasm can seem contagious. They dont give up in the face of obstacles and they are able to inspire others to work hard and persist in order to achieve goals. Focus on What You Love About Your Work No matter how you feel about your job, there are probably going to be things about it that you love and things about it that you hate. In order to build your intrinsic motivation, try focusing on the aspects of your job that you truly enjoy. Perhaps you love the feeling of accomplishment you get when you complete a big project. Or maybe you love helping your clients achieve progress toward their own goals. No matter what it is, identify those components of your job and take inspiration from them. Try to Maintain a Positive Attitude Notice how optimistic people in the workplace tend to inspire and motivate others as well. Adopting this kind of attitude can help you feel more positively about your work. Understanding Intrinsic Motivation A Word From Verywell Emotional intelligence plays an important role not only in well-being but also in your success in the workplace. Fortunately, there are a number of lessons you can take from emotion psychology that will allow you to improve your EQ and foster greater emotional competencies t improve your work performance and career success.

Ethical Issues Faced By Enron Should Have Be Aware Of...

Facing Ethical Problems Head On Enron should have be aware of certain risk factors can lead to unethical behavior. Top management must adhere and emulate the highest ethical standards. In order to stop unethical behavior within an organization, there must be a way employees to discuss their experiences with someone outside the organization. This creates a firewall between employees and management where fear of retribution for their actions does not exist. Addressing unethical behavior quickly and thoroughly is imperative in order to move the company forward (Anand, Ashforth, Joshi, 2005). An organization should craft a Code of Ethics rooted in reality and with the input of employees, managers, and executives. A zero tolerance attitude and environment must prevail regardless of the cost or consequence if the code of ethics is breached. Enron had numerous opportunities to address and eradicate their ethical conundrums. Both management and employees chose to avoid tackling their issues as demonstrated by a survey conducted in 2007 by the Ethics Resource Center which noted that nearly half of Enron employees witnessed questionable ethical behavior and chose not to let management know of their discovery (Ethics Resource Center, 2007). Evaluations of job performance that perpetuate a win at all cost environment must be eradicated. Most organizations have some sort of rewards based system which demonstrates to the leaders and employees of an organization how to act,Show MoreRelatedEthics Is Boring And Uninteresting Essay1985 Words   |  8 Pagesnews. The ethical dilemmas that many face are not dilemmas that children could solve. They are complex issues that require serious thought about consequence and resolution. McLemore explains that his book is a guide for ethics in a world where people believe they are ethical experts. The correct decision for an ethical dilemma is not always clear. McLemore hopes that with this book one can address ethical dilemmas with sophistication. Companies like Global Crossing, Enron, and WorldCom have becomeRead MoreThe Failure Of The External Audit Function2628 Words   |  11 PagesQ1 Accounting firms have evolved during the last three decades to the point where they become so diversified and generated more earnings as opposed to what they have traditionally offered in basic services. This development carried their culture toward profit maximization and cost efficiency, they started to operate similar to every other business where competition and customer satisfaction and retention are paramount. Business ethics, individual ethics, and public interest orientation were decliningRead MorePharmaCare Analysis Essay3093 Words   |  13 PagesThree ethical issues relating to marketing and advertising are Truth in Adverting and Marketing, Advertising and Marketing Harmful Products and Advertising and Marketing Tactics. The FDA (Food and Drug Administration) has requirements for truth in advertising and the FTC (Federal Trade Commission) enforces the provisions of this act. Marketing and advertising is an effective way to introduce products or services and to increase sales. However it could also be a tool company’s use unethically. AnyRead MoreEnron Case7190 Words   |  29 PagesThe Enron Accounting Scandal Presented By: Jennifer Buondonno Nirmala David Robert Pufky Matt Rollings ENRON Page 1 of 27 Table of Contents Executive Summary†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..3 (I) Introduction to the Enron case and the organizations involved†¦Ã¢â‚¬ ¦. 5 Background information industry†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 5 Organizations and officers involved†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..6 Accounting firm and partners involved†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.8 Enron’s industry†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 9 Enron’s injured parties†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Read MorePost Enron Changes in Accounting Firms4183 Words   |  17 PagesMajor changes in rules and regulations Since the Enron collapsed an array of new laws and regulations has been adopted to tighten corporate oversight. US offices were the first one to come out and implement the policies. Almost all of the firms had their headquarters in the US and they replicated their headquarters policies to a good extend in other offices around the world. Also other governments and regulatory bodies around the world came out with their country specific rules and regulations whichRead MoreThe Role of Audit in the Collapse of Enron and Lehman Brother2959 Words   |  12 PagesCHALLENGES AND RESPONSIBILITIES 4 RESPONDING TO THE CHANGES 4 Research Studies 4 Response to Surbanes-Oxley Act 5 Response to the European Commission’s proposals 6 Enron Failure 6 Arthur Andersen failure 6 Lehman Brothers failure 6 Ernst amp; Young failure 7 Detection of fraud 7 Going Concern 7 MINIMISING LITIGATION RISK 7 Obstruction of Justice 8 Consultancy service 8 Conservative Audit 8 Conclusion 8 References 9 EXECUTIVE SUMMARY In the UK, European Union and the UnitedRead MoreWaste Management33554 Words   |  135 Pagesliability c a S eS inc lu de d in t hiS Se ction 4 89 99 4.1 Enron Corporation and Andersen, LLP Analyzing the Fall of Two Giants . . . . . . . . . . . 4.2 Comptronix Corporation 4.3 Cendant Corporation . . . . . . . . . . . . . . . . . . . . . . Identifying Inherent Risk and Control Risk Factors . . . . . . . . . . . . . . . . . . . . . . . . 111 119 127 137 Assessing the Control Environment and Evaluating Risk of Financial Statement Fraud . . . . . . . . . . . . . . . . Read MoreChapter 9: Behavioral and Organizational Issues in Management Accounting and Control Systems16548 Words   |  67 PagesChapter 9 |Behavioral and Organizational Issues in Management Accounting and |[pic] | |Control Systems | | QUESTIONS 9-1 In the context of a management accounting and control system, control refers to the set of procedures, tools, performance measures, systems and incentives that organizationsRead MoreEssay about Corporate Ethics Program3992 Words   |  16 Pagesconcern with the ethical accountability of companies has continued to grow. Consumers increasingly look to support and buy from companies that make ethical decisions. 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The Feasibility of Prolonged Space Travel - 1363 Words

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Legal Writing Free Essays

555 P. 2d 696 Supreme Court of New Mexico. Zelma M. We will write a custom essay sample on Legal Writing or any similar topic only for you Order Now MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC. , Defendant-Appellant. No. 10847. Oct. 27, 1976. Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D. J. , reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J. , held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits. Reversed. Attorneys and Law Firms *576 **697 Heidel, Samberson, Gallini Williams, Jerry L. Williams, Lovington, for defendant-appellant. Gary J. Martone, J. Richard Baumgartner, Joseph Goldberg, Albuquerque, for plaintiff-appellee. OPINION SOSA, Justice. This case presents the issue of whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. On June 4, 1974, petitioner-appellee Zelma Mitchell was terminated for alleged misconduct from the Lovington Good Samaritan Center, Inc. On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits. Finding that Mrs. Mitchell’s acts constituted misconduct, a deputy of the Unemployment Security Commission disqualified Mrs. Mitchell from seven weeks of benefits pursuant to s 59-9-6(B), N. M. S. A. 1953. On July 24, 1974, Mrs. Mitchell filed an appeal. The referee of the Appeal Tribunal reversed the deputy’s decision and reinstated these benefits to Mrs. Mitchell on August 28, 1974. On September 13, 1974, the Center appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N. M. S. A. 1953. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-96(K), N. M. S. A. 1953. On January 16, 1976, the District Court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell. From the judgment of the District Court, the Center appeals. The issue before us is whether Mrs. Mitchell’s actions constituted misconduct under s 59-9-5(b), N. M. S. A. 1953. Mrs. Mitchell started work at the Center in Lovington on July 4, 1972 as a nurse’s aide. After approximately one year on the job in addition to her normal duties she also served as a relief medications nurse two days per week. On June 4, 1974, she was terminated. The testimony concerning the events leading up to her termination that day is somewhat contradictory but basically is the following. Mrs. Mitchell arrived punctually to work at three p. m. The director of the Center, Mr. Smith, questioned her about why she was already filling in her time card. Mrs. Mitchell answered that she filled in eight hours, which she would work that day as long as she did not ‘break a leg or die. ’ Mr. Smith replied, ‘Well, I’m not so sure about that. ’ Mrs. Mitchell then became defensive and stated that she had supported him when the Director of Nurses, Mrs. Mary Stroope, sought to have him fired as director. Mrs. Stroope, in the vicinity, overheard this comment, denied it, and called Mrs. Mitchell a liar. At various times during this exchange Mrs. Mitchell referred to Mr. Smith, Mrs. Stroope, and others as ‘birdbrains. This occurred in a crowded area where the Center’s employees were checking in and out, so Mr. Smith told both to go into his office. There, Mrs. Stroope apologized to Mrs. Mitchell for calling her a liar and Mrs. Mitchell apologized for saying that Mrs. Stroope had circulated a petition to replace Mr. Smith. However, tempers soon flared again and Mr. Smith resolved to fire Mrs. Mitchell. Mrs. Mitchell then demanded her check. Mr. Smith paid her for that day, a week’s vacation, and another week’s salary for being terminated, which he was not required to do since Mrs. Mitchell failed to give him two weeks’ notice. 577 **698 Appellee Mitchell argues that the events of June 4, 1974, do not constitute misconduct within the meaning of s 59-9-5(b), supra. Appellant Center argues that these events were the last of a series of acts of misconduct, and the ‘birdbrain’ incident should be considered the ‘last straw’ resulting in her termination. Mitchell counters that the prior acts of misconduct should not be considered. The alleged acts of prior misconduct are the following. On April 2, 1974, Mrs. Mitchell went to work at the Center out of uniform (she wore gold pants rather than navy blue). On that day the Federal Regulation Inspectors visited the Center. Mrs. Mitchell stated that she did not know that the federal inspectors would be there that particular day. The Director of Nurses reprimanded her and told her to go home and to change into the proper attire, which Mrs. Mitchell refused to do. The following day Mrs. Mitchell again came to work out of uniform but this time she was directed to go and did go home to change. On May 24, 1974, Mrs. Mitchell was switched from medications to the floor routine. Angered, Mrs. Mitchell refused to give medications, even though the charge nurse and Mrs. Stroope explained to her that the reason for the switch was that she was familiar with both jobs whereas the replacement nurse, Carol Skurlock, was unfamiliar with the floor routine. Mrs. Mitchell stated that she did not like being replaced by a ‘white’ nurse’s aide (Carol Skurlock). Mrs. Mitchell considered herself and Carol to be just ‘birdbrain against birdbrain,’ apparently because neither she nor Carol was a licensed nurse. From May 24 to June 4 Mrs. Mitchell refused to perform her duties as a relief medications aide. On May 15, 1974, and other days, Mrs. Mitchell sang while counting medications and was not very co-operative, which caused Betty Clarke, R. N. , to complain that Mrs. Mitchell’s actions were unethical and time-consuming. The term ‘misconduct’ is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N. W. 636, 640 (1941) examined the misconduct subsection of its unemployment compensation act, found no statutory definition of misconduct, and formulated the following definition: . . ‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intenti onal and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute. We adopt this definition. Applying this definition of misconduct to the facts of the case before us, we hold that Mrs. Mitchell’s acts constituted misconduct. *578 **699 Mrs. Mitchell’s insubordination, improper attire, name calling, and other conduct evinced a wilful disregard of the interests of the Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totality Mrs. Mitchell’s conduct deviated sufficiently to classify it as misconduct under the above test. Appellee’s argument that the ‘last straw’ doctrine should not be used is hereby rejected. The district court is reversed and the decision of the Commission is reinstated. McMANUS and EASLEY, JJ. , concur. 764 P. 2d 1316 Supreme Court of New Mexico. Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents– Appellees. No. 17721. Nov. 30, 1988. The District Court, Bernalillo County, Ross C. Sanchez, D. J. , upheld administrative decision denying unemployment compensation to claimant. Claimant appealed. The Supreme Court, Ransom, J. , held that incident precipitating claimant’s termination demonstrated willful disregard for her employer’s interests. Affirmed. Stowers, J. , specially concurred and filed opinion. Attorneys and Law Firms **1317 *759 Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc. , Albuquerque, for petitioner-appellant. Connie Reischman, New Mexico Employment Sec. Dept. , Albuquerque, for respondents-appellees. OPINION RANSOM, Justice. An administrative decision of the New Mexico Employment Security Department denying unemployment compensation to Billie J. Rodman was reviewed on certiorari by the district court. Rodman now appeals to this Court from the order of the district court affirming the administrative decision. Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a â€Å"third corrective action† notice. Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work. At issue is whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51–1–7 of the Unemployment Compensation Law. The Department reasonably summarizes the substantial evidence as follows: Rodman was reprimanded in June of 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. The formal reprimand set forth conditions to prevent further corrective action. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, â€Å"[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with. † Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem. On February 15, 1987, Rodman began work at 1:00 o’clock in the afternoon. She had spoken to her boyfriend’s mother earlier in the day to tell her that she did not want him to use her car as she had broken off their relationship. The boyfriend’s mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant eft the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co-worker, a registered nurse, that she was leaving. Rodman testified, â€Å"I didn’t want any kind of confrontation at the desk, so I went downstairs. † Before she left her desk, Rodman called the employer’s security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the l obby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to return the keys, but the boyfriend jumped into the driver’s seat, locked the doors and drove off. About thirty-five minutes later, Rodman returned to her work station, after having changed her torn shirt. She resumed working, but, as the shift progressed, more telephone calls were received for her in the department. The supervisor became frustrated with the volume of calls and the behavior of Rodman. It was determined that Rodman should be sent home. Thereafter she was terminated. The Appeals Tribunal of the Department of Employment Security found on the basis of the evidence that the appellant had proven unwilling to restrict her personal contacts while at work, as requested by her employer. The hearing officer dismissed as without **1319 *761 merit Rodman’s contention that she could not stop her acquaintances from calling or visiting her at work. The hearing officer concluded that Ms. Rodman’s behavior was unreasonable, had caused many problems for her work section, and constituted misconduct connected with work under Section 51–1–7(B). The Meaning of â€Å"Misconduct† in New Mexico’s Unemployment Compensation Law. Given the remedial purpose of the Unemployment Compensation Law, New Mexico courts, like most jurisdictions, interpret the provisions of the law liberally, to provide sustenance to those who are unemployed through no fault of their own, and who are willing to work if given the opportunity. Wilson v. Employment Sec. Comm’n, 74 N. M. 3, 14, 389 P. 2d 855, 862–63 (1963); Parsons v. Employment Security Comm’n, 71 N. M. 405, 409, 379 P. 2d 57, 60 (1963). Like most states, New Mexico also provides that an employee who is determined to have been discharged for â€Å"misconduct† is ineligible for unemployment compensation benefits. 51–1–7(B). Two purposes are served by this statutory bar: first, it prevents the dissipation of funds for other workers; second, it denies benefits to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior that they have given up any reasonable expe ctation of receiving unemployment benefits. Given the remedial purpose of the statute, and the rule of statutory construction that its provisions are to be interpreted liberally, the statutory term â€Å"misconduct† should not be given too broad a definition. Accordingly, in adopting the majority definition of the term, this Court wrote in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability * * *. M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Where an employee has not acted with the requisite degree of â€Å"fault† under Mitchell, he or she has not sacrificed a reasonable expectati on in continued financial security such as may be afforded by accrued unemployment compensation benefits. It is therefore possible for an employee to have been properly discharged without having acted with such willful or wanton disregard for an employer’s interests as would justify denial of benefits. This Court recognized in Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 689 P. 2d 286 (1984), that even an act of willful disobedience which leads to termination will not always rise to the level of â€Å"misconduct† when the act is an isolated incident in an otherwise favorable employment history and the incident does not cause a significant disruption of the employer’s legitimate interests. Trujillo v. Employment Sec. Dep’t, 105 N. M. 467, 472, 734 P. 2d 245, 250 (Ct. App. 1987) (where employment contract gave employer the right to draft employees to work overtime in emergency situations significantly affecting the employer’s interests, it was â€Å"misconduct† for appellees to have refused to report for overtime work). Alonzo and Trujillo demonstrate that there are two components to the concept of misconduct sufficient to justify denial of benefits. One is the notion that the employee has acted with willful or wanton disregard for the employer’s interests; the other is that this act significantly infringed on legitimate employer expectations. *1320 *762 Totality of circumstances and the â€Å"last straw† doctrine. Often, the courts have been confronted with a series of minor infractions by the employee, where each incident showed a willful disregard of the employer’s interests, but no single incident was serious enough to justify denial of benefits. In su ch cases, courts have applied a â€Å"totality of circumstances† or â€Å"last straw† test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc. 89 N. M. 575, 555 P. 2d 696 (1976). Rodman recognizes the â€Å"last straw† doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the â€Å"last straw† which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final incident. The Department contends that it is immaterial whether the precipitating act was a willful or intentional violation of the employer’s rules, where the record indicates that the claimant had a history of previous acts which demonstrate a willful or wanton disregard for the employer’s interests, and the employer discharged the employee for the accumulation of events, including the precipitating event. Fort Myers Pump Supply v. Florida Dep’t of Labor, 373 So. 2d 429 (Fla. Dist. Ct. App. 1979). Although Fort Myers does offer support for the appellee’s position, we believe termination for a series of incidents which, taken together, may constitute â€Å"misconduct† is distinguishable from termination for a single incident following one or more corrective action notices. In the latter event, as here, we hold that the â€Å"last straw† must demonstrate a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied. If substantial evidence existed that Rodman’s conduct on February 15, considered in light of the totality of ircumstances including her previous history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employer’s interests, then Rodman’s benefits were properly denied. Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the district court to decide t hat Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests. Therefore, the decision of the district court is affirmed. IT IS SO ORDERED. WALTERS, J. , concurs. STOWERS, J. , specially concurs. 769 P. 2d 88 Supreme Court of New Mexico. In re Claim of Lucy APODACA. IT’S BURGER TIME, INC. , Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. No. 17952. Feb. 22, 1989. Employer filed writ of certiorari to challenge Employment Security Department’s award of unemployment compensation to fast-food restaurant employee who refused to retint her purple hair. The District Court, Dona Ana County, Lalo Garza, D. J. reversed award of benefits. Employee appealed. The Supreme Court, Ransom, J. , held that evidence supported Department’s award of benefits. Reversed and remanded. Attorneys and Law Firms **89 *176 Jose R. Coronado, Southern New Mexico Legal Services, Inc. , Las Cruces, Connie Reischman, New Mexico Dept. of Labor, Albuqu erque, for respondents-appellants. Kelly P. Albers, Lloyd O. Bates, Jr. , Las Cruces, for petitioner-appellee. OPINION RANSOM, Justice. A determination by the Board of Review of the New Mexico Employment Security Department awarding unemployment compensation to Lucy Apodaca was reversed by the district court on certiorari. Apodaca appeals the district court decision, arguing that the court erred in finding the administrative determination was unsupported by substantial evidence and was contrary to law. We conclude substantial evidence supports the Board of Review decision that the conduct leading to Apodaca’s termination did not constitute misconduct warranting denial of unemployment compensation under Section 51–1–7(B) of the Unemployment Compensation Law. Accordingly, we reverse the district court. Apodaca was employed as a counter helper from August 1986 to August 1987 with It’s Burger Time, Inc. Apodaca’s supervisors had no complaints concerning the performance of her work. Several times during the summer of 1987, Apodaca approached the store manager, John Pena, to ask how the owner, Kevin McGrath, would react if she were to dye her hair purple. Pena did not at first take the question seriously. When Apodaca persisted, Pena told her that he would have to ask McGrath. Apparently, he never did so. After several weeks, Apodaca went ahead and dyed her hair. McGrath saw Apodaca’s tinted hair for the first time at work two days later. He instructed Pena to give Apodaca a week to decide whether she wanted to retain her new hair color or her job. In a letter to the Board of Review, McGrath wrote that he had a good sense for community standards and believed he could not afford to wait until â€Å"this incident [took] it’s [sic] toll on my business. † Apodaca had signed the company handbook upon being hired, which instructed employees about acceptable hygiene and appearance. The handbook said nothing specific about hair color. Pena relayed McGrath’s message to Apodaca and suggested she make up her mind quickly so he could find someone to replace her if necessary. Two days later, Apodaca told Pena she had decided to keep her hair the way it was. She was then terminated and applied for unemployment benefits. The Department initially determined that Apodaca was ineligible for compensation because she had been terminated â€Å"for refusing to conform to the standards of personal grooming compatible with the * * * work [she was] performing. † The claims officer concluded this constituted misconduct under Section 51–1–7(B). Apodaca appealed to the Appeals Tribunal, which affirmed the denial of her benefits after a hearing. She appealed the Tribunal’s decision **90 *177 to the Department’s Board of Review. After reviewing the record of the hearing, the Board concluded that the employer failed to show how the color of Apodaca’s hair affected its business; therefore, her refusal to return her hair to its original color did not rise to the level of â€Å"misconduct† required for denial of her benefits. For review of the Board’s decision, the employer filed a writ of certiorari with the Dona Ana County District Court. The district court determined Burger Time’s request to Apodaca to change the color of her air was reasonable and enforceable and Apodaca’s refusal of that request was misconduct. The court concluded that the Board of Review’s decision was not supported by substantial evidence and was contrary to the law and reversed the decision granting Apodaca her benefits. This appeal followed. In reviewing the district court decision, we look first to see whether the court erred in concluding that the Department’s decision was unsupported by substantial evidence. Because we conclude that the court erred in this determination, it is unnecessary for us to examine the findings and conclusions adopted by the court. Misconduct and the employer’s interest. Both Apodaca and Burger Time agree that the definition of â€Å"misconduct† as used in Section 51–1–7(B) is to be found in this Court’s opinion in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability. * * [M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Apodaca d oes not deny that her refusal to redye her hair was an intentional and deliberate act. At issue in this case is whether an employee who refuses to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards has engaged in misconduct. The employer argues, and the district court apparently agreed, that so long as the request is reasonable and the employee is given adequate time to comply, refusal amounts to â€Å"insubordination and misconduct. † We disagree. In Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 772, 689 P. 2d 286, 288 (1984), we recognized that termination for an isolated incident which does not â€Å"significantly affect[ ] the employer’s business† may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P. 2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N. M. 467, 471–72, 734 P. 2d 245, 249–50 (Ct. App. 987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Hum an Resources Dev. , 32 Cal. App. 3d 180, 107 Cal. Rptr. 92 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf. Lattanzio v. Unemployment Comp. Bd. of Rev. , 461 Pa. 392, 336 A. 2d 595 (1975) (claimant’s refusal to report back to work was for good cause when employer demanded he shave beard but no evidence supported contention that requested alteration in appearance was essential to performance of duties other than employer’s vague assertion that claimant’s â€Å"modish† appearance might reflect unfavorably on business). In this case, there is absolutely no evidence that the color of Apodaca’s hair significantly affected Burger Time’s business. McGrath and Pena both testified they received no customer complaints regarding the color of Apodaca’s hair. Apodaca’s immediate supervisor, testifying in her behalf, reported that the only comments she heard were compliments and that Burger Time’s customers had readily registered complaints in the past when they found something amiss. Under these circumstances, the Board of Review could properly decide that Apodaca’s refusal to retint her hair did not rise to the level of misconduct. Burger Time argues that none of our previous cases require an employer to demonstrate its business was affected by an employee’s refusal to comply with a request from the employer. However, it is well established in New Mexico that the party seeking to establish the existence of a fact bears the burden of proof. See Newcum v. Lawson, 101 N. M. 48, 684 P. 2d 534 (Ct. App. 1984); Carter v. Burn Constr. Co. , 85 N. M. 27, 508 P. 2d 1324 (Ct. App. ), cert. denied, 85 N. M. 5, 508 P. 2d 1302 (1973); Wallace v. Wanek, 81 N. M. 478, 468 P. 2d 879 (Ct. App. 1970); cf. Moya v. Employment Sec. Comm’n, 80 N. M. 39, 450 P. 2d 925 (1969) (when claimant sought to establish that he ought not be disqualified from receiving benefits because the position for which he refused to interview was not suitable employment, he bore burden of proof on this issue). In this case, pursuant to Department regulations requiring an employer to report why a claimant was fired or have that claimant’s benefits charged against the employer’s account, Burger Time submitted a letter stating that Apodaca refused to comply with company grooming standards. At each subsequent stage of the administrative process and before the district court, Burger Time sought to establish that Apodaca was terminated for misconduct. It therefore fell upon Burger Time to show that Apodaca’s refusal to change the color of her hair amounted to misconduct under the standard considered in Alonzo and Trujillo. This, Burger Time failed to do and thus failed to meet its burden of proof. Moreover, Apodaca presented uncontroverted testimony that no customers complained, and some complimented her for her hair. We do not question Burger Time’s right to establish a grooming code for its employees, to revise its rules in **92 *179 response to unanticipated situations, and to make its hiring and firing decisions in conformity with this policy. However, as we noted in Rodman, â€Å"It is * * * possible for an employee to have been properly discharged without having acted [in a manner] as would justify denial of benefits. † 107 N. M. at 761, 764 P. 2d at 1319. 2 Definition of misconduct and the right to terminate. Although not directly presented on appeal in this case, we note that in their decision letters both the Appeals Tribunal and the Board of Review used the following definition: â€Å"The term ‘misconduct’ connotes a material breach of the contract of employment or conduct reflecting a willful disregard of the employer’s best interests. (Emphasis added. ) We rejected this definition in Rodman, 107 N. M. at 763, 764 P. 2d at 1321, as inconsistent with the Mitchell standard requiring a willful or wanton disregard of the employer’s interests. The use of the term â€Å"or† implies that any breach of the employment contract sufficient to warrant discharge of the employee serves as adequate grounds for denial of benefits, whether or not the employee acted in a willful or wanton manner. Where an employee has not acted with the requisite degree of ‘fault’ under Mitchell, he or she has not sacrificed a reasonable expectation in continued financial security such as may be afforded by accrued unemployment compensation benefits. † Id. at 761, 764 P. 2d at 1319. The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review. IT IS SO ORDERED. How to cite Legal Writing, Papers

The charge of alliance with the Red hell Essay Example

The charge of alliance with the Red hell Paper I intend to study the Crucible by Arthur Miller. I will be looking at act 3, through the eyes of a director. The character I will mainly be focusing on is Abigail Williams, a late teen who had committed adultery with the well thought of, John Proctor. The play was written in 1952 and was an allegory of the political state of America under the supervision of Senator Joseph McCarthy. The play was set in 1692 in a god-fearing, puritan village that was isolated in the east of Massachusetts. This play is based upon the Salem witchcraft trials, two centuries before the book was written and therefore the location of the play was thought of to be masking the anti-communist message it was portraying. The basis of the play is of a group of young female teens that had danced in the woods within the hours of darkness. Yet because of the beliefs that these acts were closely related to witchcraft, the readings of the bible would instruct them to hang all those who participated. Yet to avoid their own prosecution the blame was passed to many innocent people, including a West Indian slave, who because of her colour and belief in spells was an easy target and another was the wife of John Proctor. John himself then becomes the main suspicion of practicing witchcraft after the tables are turned once again. He was asked to give names of those he knows of having connections with the devil to save his own life, he refused to answer their questions as did Miller when he was summoned before McCarthys House Un-American Activities Committee. We will write a custom essay sample on The charge of alliance with the Red hell specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on The charge of alliance with the Red hell specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on The charge of alliance with the Red hell specifically for you FOR ONLY $16.38 $13.9/page Hire Writer This was very similar to the condition of America around the early 1950s when the country was in a situation of corruption. Many innocent people had come to a gritty end, after scapegoats that were part of McCarthys House Un-American Activities Committee, could prove them guilty on the flimsiest of evidence. Stage Design I have chosen the below layout because I believe it gives the best possible chance for all of the characters to be seen and heard clearly throughout this act. Dramatic Techniques As a director the dramatic techniques of Miller will be incorporated into my play while personal techniques will be added to feed the requirements of a 21st century audience. Throughout the play Millers techniques seem very precise in the movements and the way characters express themselves. In Act 1, Miller adds instructions about the amount of light pouring through a narrow window. Therefore showing he considered the smallest of techniques to be important. Not only does he describe the objects in the house but also the mention of the clean air gives a more defined feel. He then follows to describe the positions of the opening characters; Reverend Parris kneels beside the bed, evidently in prayer and his daughter Betty Parris is lying on the bed, inert. Following these directions, right the way through act 1 Miller tries to sum up the feelings about the devil and the contrast between good and evil as he questions whether diabolism is a holy practice. Miller then tells of how we can now consider the devil as a necessary part of a respectable view of cosmology, therefore really establishing the idea of good and bad religion fully into the play. During act 1, Miller compares the relationship with people and the devil with a professor at his university and the pupils he taught. He then makes the crucial comparison about America around his era. He quotes; and in America any man who is not reactionary in his views is open to the charge of alliance with the Red hell. Political opposition, thereby, is given an inhuman overlay Therefore backing up his theory of McCarthys scapegoats and his own personal experiences, they incorporate into the success of this scene. Once again Miller describes the basic techniques to introduce act 2, he describes the position of the furniture, the date, and he also describes an action of John Proctor to ensure the audience understand he is at home. He directs Proctor to lean his gun against the fire as he swings a pot from underneath. He smells whats in the pot, and then tastes it. He then adds a pinch of salt and tastes again. We then hear the footsteps of Elizabeth. Other techniques and statements are made throughout the act, but none have the similarity in length as those we see in act 1 that set the scene.