UNIT 5 – DISCUSSION BOARD
Unit 5 Discussion Post
           In order to better understand Carl’s termination, it is best to ascertain the balance between the employer’s interest in maintaining its reputation and workplace policies and an employee’s right to privacy. The at-will dictation asserts that employers have a wide latitude to terminate the employment contract of their staff members for any conduct that violates company policy, even if the conduct occurs online and off-duty (Grantham & Pearson, 2021). However, it is important to note that the expectation of privacy on social media is still a grey area that still triggers controversial discussions.
           Carl’s expectations of privacy depend on the privacy settings of his Facebook account, which, in this context, were set to only allow his 20 friends or followers to view his posts. Legally, this can be a reason for a reasonable expectation of privacy, largely because Carl took steps to limit the number of people who can see or interact with his social media content. Seemingly, the Restatement of Torts asserts that there is a liability for intrusion upon seclusion only if the intrusion is deemed to be offensive by any reasonable individual (Bienstock, 2017). This is confirmed by Carl’s attempt to limit the number of people who can interact with his posts, an effort to maintain a private conversation within a small group.
           On the contrary, employment law also considers the nature of such content as posted by Carl and its impact on the employer. Guided by the National Labor Relations Board (NLRB) doctrines, it is suggested that certain online activity and posts by employees might not be protected if they do not relate to group activity among employees with regard to work conditions (Bienstock, 2017). Since Carl’s post was more of an expression of frustration and venting than a concerted effort to address his working conditions, it might fall outside the protections intended for collective bargaining issues or labor disputes.
           With reference to all this, Carl’s mentioning the name of the restaurant and disparaging customers puts him in a legal battle with the employer. The restaurant can argue that his actions have the potential to harm customer relationships and business reputation, thus justifying termination under company policy (Grantham & Pearson, 2021). An important factor to consider is whether Carl’s privacy settings and the nature of the post provide him with a shield against termination for his online rage. Indeed, Carl has a reasonable expectation of privacy, but the content and nature of his post and the likely impact it might have on the employer make it hard to go against a termination decision.
References
Bienstock, J. (2017). Managing employee speech on social media to protect reputation and brand: Overcoming the legal constraints established by the NLRB. International Journal of Business Strategy, 17(2), 23-32. https://doi.org/10.18374/ijbs-17-2.3
Grantham, S., & Pearson, M. (2021). Employment law – private versus professional social media risk. Social Media Risk and the Law, 119-129. https://doi.org/10.4324/9781003180111-15
Emma Colquitt
Reply
UNIT 5 – DISCUSSION BOARD
Wed 3/13/2024 10:44 PMLikeUnit 5 – Discussion Board Like PostFlagUnit 5 – Discussion Board Flag Post
Hello class,
Several factors must be considered in analyzing whether the restaurant’s termination of Carl violated his legal expectation of privacy. These factors include the content of Carl’s Facebook posts, his privacy settings, and company policies.
Firstly, Carl’s Facebook post contained negative remarks about the patrons he served and mentioned the restaurant by name. Although Carl may have expected privacy in his Facebook posts due to his privacy settings, which limited visibility to friends only, the content of his post becomes relevant in determining whether this expectation was reasonable.
Secondly, the fact that Carl mentioned the restaurant by name in his post could impact the reasonableness of his expectation of privacy. Even though his privacy settings restricted the audience to his friends, mentioning the restaurant’s name could reasonably lead to the post being seen by individuals beyond his friend list, such as coworkers or individuals with mutual friends who may work at the restaurant.
Thirdly, the restaurant’s policies prohibiting speaking disparagingly about customers and casting the restaurant negatively on social media networks are also relevant. These policies establish clear expectations regarding employee conduct and specify consequences for violations.
Considering these factors, while Carl may have had a reasonable expectation of privacy in his Facebook post due to his privacy settings, the content of his post and the mention of the restaurant’s name could reasonably lead to the post being brought to the attention of the restaurant manager. Additionally, the company policies regarding employee conduct on social media likely provide grounds for termination if violated.
Therefore, based on the circumstances described, it is reasonable to conclude that the restaurant’s termination of Carl did not violate his legal expectation of privacy. Given its content and potential impact on its reputation, the restaurant had legitimate reasons to become aware of and take action regarding Carl’s Facebook post.
Berry Law. (2024, January 30). When do you have a reasonable expectation of privacy from police searches? https://jsberrylaw.com/blog/when-do-you-have-reasonable-expectation-of-privacy-from-police-searches/
Sableman, M. (2016, July 12). Do you have privacy rights on social media?. Lexology. https://www.lexology.com/library/detail.aspx?g=e8b…
Unit 5 – Discussion Board
Accounting for Managers(ACG510-2401B-02)
Eduardo Deulofeu
Reply
UNIT 5 – DISCUSSION BOARD
Wed 3/13/2024 8:46 PMLikeUnit 5 – Discussion Board Like PostFlagUnit 5 – Discussion Board Flag Post
Hello Class,
I personally think that the statement of cash flow is a critical component of a company’s financial statements, it provides essential insights into the financial health and operational efficiency of a company. It is segmented into three primary activities: operating, investing, and financing. Among these, the operating activities section is arguably the most pertinent for the external evaluation of a company’s financial health.
1. Indicates Core Business Viability: The cash flow from operating activities is a direct reflection of the company’s core business operations’ profitability and sustainability. It shows how much cash is generated from the company’s primary business activities, excluding the effects of financing and investment activities. This measure is crucial for investors and creditors as it indicates whether the company can generate sufficient cash to sustain and grow its operations without relying on external funding. A positive and growing operating cash flow suggests a viable, potentially expanding business, whereas a negative cash flow might signal operational troubles or challenges in maintaining profitability.
2. Informs About Liquidity and Solvency: Operating cash flow is a key indicator of a company’s ability to meet its short-term liabilities and commitments. Consistent positive cash flow from operations ensures that the company has enough liquidity to cover its operating expenses, which is vital for maintaining solvency. This is crucial for creditors and investors who are concerned with the company’s ability to continue as a going concern and meet its short-term obligations.
3. Enhances Comparability and Reduces Manipulation: Compared to other sections of the cash flow statement, operating cash flow is less susceptible to distortion or manipulation because it is closely tied to the day-to-day activities that are central to the business. Unlike earnings, which can be affected by various accounting policies and non-cash transactions, cash flow from operating activities provides a more straightforward and comparable measure of financial performance across different companies and industries.
In conclusion, while the investing and financing sections of the cash flow statement also provide valuable insights, the operating section offers the most direct and unaltered view of the company’s financial health and core business strength, making it particularly relevant for external evaluation.
Jacquelyn Evans
Reply
UNIT 5 – DISCUSSION BOARD
Fri 3/15/2024 8:46 PMLikeUnit 5 – Discussion Board Like PostFlagUnit 5 – Discussion Board Flag Post
Greetings classÂ
When assessing a company’s financial health and performance, certain activities on the cash flow statement hold relevance for external evaluation. Here’s an argument for why Operating Cash Flow (OCF) is the most pertinent section for such evaluation, supported by three key points:
True Measure of Cash Generation
OCF provides a clear picture of the cash generated or consumed by a company’s core operating activities, excluding non-operating items and accounting adjustments. As Warren Buffett famously stated, “Operating earnings are what count mostÂ… You’re looking for a business with a high return on capital employed and not a high return on stock price” (Buffett, 1995). OCF aligns with Buffett’s emphasis on the fundamental profitability of a business, making it a crucial metric for external evaluation.
Indicator of Financial Health and Sustainability
A consistently positive OCF indicates that a company’s operations are generating sufficient cash to cover operating expenses, capital expenditures, and debt obligations. As Joel Greenblatt, a renowned investor, noted, “Cash flow tells the truth” (Greenblatt, 2005). Positive cash flow from operations demonstrates the company’s ability to sustain its business operations, invest in growth opportunities, and withstand economic downturns.
Basis for Valve Creation and Shareholder Return
OCF serves as the foundation for creating shareholder value and delivering returns to investors. As stated by Philip Fisher, a prominent investor and author, “The best time to sell a stock is almost never. The best time to buy isÂ… when the company’s long-term prospects are clearly superior to the current valuation” (Fisher, 2003). Positive operating cash flow enables companies to reinvest in the business, pay dividends, or repurchase shares, thereby enhancing shareholder wealth over the long term.
In conclusion, operating cash flow is the most pertinent section of the cash flow statement for external evaluation due to its reflection of a company’s cash generation from core operations, indication of financial health and sustainability, and role in value creation for shareholders. By focusing on OCF, external stakeholders can gain valuable insights into the underlying performance and potential of a company.
