Wednesday, November 27, 2019

The Technology Industry an Example of the Topic Science and Technology Essays by

The Technology Industry In the technology industry, operation and financial aspect is definitely are major concern of the web corporations. In this industry, the actual business practice is widely influence by various forces in able survive its competition. Nevertheless, the technology is one of the most influential industries on its stakeholders. Need essay sample on "The Technology Industry" topic? We will write a custom essay sample specifically for you Proceed Operation in technology industry, on the other hand, was constantly influenced by the ever changing condition of the industry. Web Corporation's operating power can be enhance through continuous update and upgrade of its system. With the fact that technology industry is obsolescence in nature, web corporations must effectively update their operating system in able to stay influential and in power over their service and its competition, Operating leverage in this industry will be determine through the quality of the operating system to provide high standard service in its clients. Financial leverage, however, depends on the performance of the web operating system, on which profitability will be determine through the performance of the entire web operation. Meaning, financial leverage links on the condition of the whole web operating system. If the web operation is influential, there is a huge possibility the financial status of the company is on higher profitability, on which as well the definition of Web Company's financial leverage. In most cases, higher leverage is detrimental for the firm or company in relation to sales damages. In technology industry, improvement and innovation are amongst the primary higher forces, on which affects the web corporations on its operation and sales. On the case of Inktomi, the high leverage of competition and software innovation are the primary forces that affects them badly in their sales, on which resulted to sales decrease. These forces are detrimental due to the fact that in technology innovation and continuous software development is a must in able to maintain profitability. It affects them due to the fact that influential web operation is a sign of profitability, when in fact theirs are no longer influential, which affects them on sales. In addition to this, technology is one of the industries, which has been recording fluctuations in its business. In able for "Inktomi" to stay influential financially, they must take advantage of the higher leverage to improve their opera ting system and software, to prevent decreases in their revenue or sales. In the end, operating leverage is the area where financial managers have more control. on which these company officials has the key to improve, develop and innovate the entire web operating system in able to achieve higher profitability. The best thing web financial managers can do is to spend their budget wisely for the improvement of their operating system or software, in able to establish web profitability and generate sales through reliable and influential operating system. Reference Electronic Industries Alliance (2004), The Technology Industry at an Innovation Crossroads: Retrieved May 16, 2008 from http://www.eia.org/docs/innovation_playbook.pdf

Sunday, November 24, 2019

Law and Natalie Attired Case Essay Example

Law and Natalie Attired Case Essay Example Law and Natalie Attired Case Paper Law and Natalie Attired Case Paper Law and Natalie Attired Case BY Jae1214 TO: Alexis Schlamberg FROM: RE: Natalie Attired Case DATE: November 19, 2013 Statement of the Facts Natalie Attired, 23, was fired from her position as a waitress at Biddys Teahouse for having a visible tattoo. The owner, Biddy Baker fired Miss Attired because she would not remove the tattoo and feared that an employee having a tattoo that was visible would upset her more mature patrons, which would affect profits. No documentation could be provided that showed a loss of profits. Ms. Baker did state hat two patrons asked to be reseated the day before she was terminated. Natalie stated that there was not an employee handbook or stated to by Ms. Baker that tattoos were not allowed. However, she did state that a co-worker, a year earlier, did tell her to make sure it is placed where the sun does not shine because Biddy baker would not be happy. In July of 2010, Miss Attired applied a claim for unemployment and was denied by the New Mexico Unemployment Security Board because her actions were because of misconduct. Issue Does Miss Attireds actions meet the criteria of misconduct in NM Stat S 51-1-7 (West) Short Answer Rule of law An individual shall be disqualified for and shall not be eligible to receive benefits: (2) if it is determined by the division that the individual has been discharged for misconduct connected with the individuals employment; or Analysis While the law does state that any employee that is terminated for misconduct will not receive benefits. The question remains does this apply to this case? When examining case law in this area there seems to be a very cut a dry way the courts ave ruled. Simply put does the NMUSB have the right to disqualify Miss Attired established in the Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc. , 555 P. 2d 696 (N. M. Sup. Ct. 1976). The court created a precedent that misconduct is determined to be . misconduct s limited to conduct evincing such willful or wanton disregard of an employers 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 arelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employers interests or of the employees 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. When reading what the court deemed to be misconduct the question remains does the tattoo that Miss Attired bought and would not remove mean she was intently going against her employers wishes if there is no written rule or employee handbook to follow and does evidence need to be supported that there will be a loss of business as Ms. Biddy is claiming there will be. When examining and case of Its Burger Time, Inc v. New Mexico Department of Labor Employment Security Department, Board of Review et. al, 769 P. 2d 88 (N. M. Sup. Ct. 989), the courts have stablished that evidence must be shown that a loss of business is in direct correlation to the act deemed as misconduct. Conclusion Miss Attireds case will be overturned based on the criteria that misconduct cannot be established as willful or wanton disregard of the employers wishes because there was not an employee handbook. Other evidence that will be considered and supported is that the employer could not show a loss of business or p atrons to her establishment and therefore the tattoo had no affect on her business which does not support being misconduct.

Thursday, November 21, 2019

Unconscionable contract Essay Example | Topics and Well Written Essays - 250 words - 1

Unconscionable contract - Essay Example The rationale behind the doctrine of unconscionability is to circumvent the enforcement of unfair contracts. In the case at bar, Amy, who was a college student, was led to believe by the salesman that the home theater system, Alpo Model XL2, costs $3,000, when in truth and in fact, the actual standard cost of the theater system is only $1,000. The price given by the salesman was two times higher than the prevailing standard cash market price of the item bought by the buyer. Hence, the â€Å"rent-to-own† contract signed by Amy is considered unconscionable. Under the law, Amy has the remedy to demand the return of the excess $2,000 since the contract price is unconscionable, excessive and unfair on her part. Here, the salesman acted in bad faith at the time of the signing of the â€Å"rent-to-own† contract. Therefore, in order to cure the damage caused to the buyer, Amy can go to court and have the contract declared as unconscionable and oppressive, since there was a violation on the part of the salesman to fulfill his obligation in good faith in accordance with their contract. She can legally demand the refund of excess payment of $2,000. â€Å"It is the judge who has the power to declare whether or not a contract is unconscionable, and not the jury† (Emanuel,