Law & Ethics Essay

1169 Words Jan 16th, 2013 5 Pages
Dracca vs. BB
Ashlyn B. Smith
South University Online
August 8, 2012

BB General Partnership
Dracca is able to seek recover from Silva Gray individually on the judgment for BB partnership because the partnership has not been incorporated. In a general partnership each individual can be sued for the full amount of the business debt. The partners cannot have personal interest within the partnership (Bagley & Savage, 2009 p. 729). If one partner incurs all of the debt, they can then sue the other partners for their parts of the debt. Within a Limited Liability Partnership these three items would differ from the general partnership. 1. Limited partners do not play an active role in the business 2. Limited partners are
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The overall concept to obtain the debt from BB was an action of duty or care and loyalty to the company. However, the way the board of directors went about the retrieval of the debt was not the best method. By pursuing Ms. Gray off a ‘tip’ the fund backfired and the company incurred a lot of fees that might not of occurred if the pursue was planned correctly. The process of pursuing the money was neglected, fault number three in the Business Judgment rule.
Employment Discrimination
The accounting manager for Dracca overseeing the BB account, Martin Long had his pay and responsibilities decreased by Accounting Director Mary Smith. The Equal Employment Opportunity Commission (EEOC) was developed to help employees against discrimination of age, sex, race, gender, national origin, disability, and religion (Bagley & Savage, 2009 p.466). In Martin Long’s case he left the company because Ms. Smith’s visual and vocal opinions. The opinions turned into harassment and eventually Long left the Firm. By vocalizing and placing visual signs Ms. Smith was creating a harsh work environment for employees. Long will be able to sue Dracca for employment discrimination and argue constructive discharge because there must be evidence of unpleasant working condition that it forces the employee to resign and the employer has not taken care of the complaint within 15 days of being

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