Tuesday, October 29, 2019
The Whiteness Questions Reading + Questions Coursework
The Whiteness Questions Reading + Questions - Coursework Example According to the arguments presented in the article, it seems that many whites do not fully understand the meaning of whiteness in the American context. Even with this as the case, racism, gender discrimination, and imperialism still persists. Interestingly, the whites exhibit an identity that they cannot adequately explain. However, the race, gender, and the white-self factors hold the answer to the contemporary whiteness question. White people have defined themselves based on their white race and gender, but they have overlooked self-actualization relative to this race. The author argues that a good percentage of the white population is still struggling to understand the meaning of whiteness from a political and historical point of view. Amid this, whiteness continues to sink in the hearts of the whites, thus enabling them to understand the dynamics of whiteness and what comprises racism out of the whiteness question. It emerges from the reading that there are white people who have never considered the white to be a race. From this perspective, it can only be argued that a race comprises of people of color; obviously this not true. This indirect notion was to some extent uncomfortable at a personal level. It never occurred to me before that the whites do not fully understand their whiteness. On the other hand, the fact that there are white people who are always joining the civil rights pursuit in favor of people of color resonated with me. The whiteness question is undoubtedly important to address. The issues raised by this question affect whites and people of color in one way or another. However, there is an ultimate personal question and point of confusion when it comes to asserting who is really white and what exactly it takes to be white. What I do not understand is the ââ¬Ëpureââ¬â¢ aspect of whiteness. Personally, I have interacted with both whites and people of color from the North and South sides of the United States. From my experience, the
Sunday, October 27, 2019
Franchising as a Strategy for Small Business Growth
Franchising as a Strategy for Small Business Growth This paper is an investigation into whether franchising is as effective a method of expansion for a small business as it is for larger more established businesses. To test this theory a case study of two businesses was prepared, Interlink Express and the Cornish Oggy Oggy Pasty Shop. The case studies on the organisations were compiled from the information on their web sites. Both organisations are a member of the British Franchise Association. These case studies were compared to the literature on the topic. Through researching the topic one factor was revealed as being a major issue in franchising, this was the brand. Both the organisations that were studied are successful within their markets in the UK, and therefore proved to be good examples of franchising. The organisations had different motives for using this method for growth. The paper concludes that with the right brand, small business can be just as successful at franchising for expansion as their larger counterparts. Introduction This paper will investigate whether franchising is as effective a method of expansion for a small business as it is for larger more established businesses. There are many different methods that organisations can use to expand; some of these involve raising large amounts of capital, which is not always an viable option for the smaller business. Businesses whether large or small, must plan what their future needs will be, to move forward. Strategy is the direction and scope of an organisation over the long term: which achieves advantage for the organisation. The strategy answers both the questions where do you want to go? and how do you want to get there? Incorrect or too few resources is a major factor of failure for an organisationââ¬â¢s strategy (Mullins L 2005). Once an organisation has developed its strategy, it can then review the methods open to it for growth. Growth can be achieved by direct expansion, mergers with similar firms, franchising or diversification. Some companies choose to grow, not by developing in the conventional way, but by granting a license to others to sell their product or service. There are clear advantages to this, the market is tested, and larger well-established franchise operations will have national advertising campaigns and a solid trading name (Price, S. 1997). Franchising is basically the permission given by one person, the franchisor, to another person, the franchisee, to use the franchisors trade name, trade marks and business system, in return for an initial payment and further regular payments. In relation to any other small business, franchising has proved to be successful, with 96% of units still operating profitable businesses 5 years down the line. To test the theory on expansion and franchising a case study approach was chosen. Both organisations operate within the UK in different market sectors. The small business that was studied is the Cornish Oggy Oggy Pasty Shop, a local organisation from Cornwall; this organisation is expanding by franchising alone. The larger organisation chosen is Interlink Express; this organisation is well established and has its roots in other countries, therefore it is only their UK operation that was studied. Within the UK it has utilised franchising to successfully expand their operation. The backbone of the paper is the literature review. This discusses contemporary theory on organisational strategy, expansion methods and focuses on franchising within the UK. A lot of articles are written for the USA markets, these were not used as they had little relevance towards the UK. Franchises operations are apparent on every high street in the UK. One of the most important factors is the brand name. This what attracts and retains the customer therefore is it viable for a small business to franchise. The importance of the brand became apparent whilst researching this paper. Kotler (2000) described a brand as a ââ¬Å"name, term, symbol, or design (or a combination of them) which is intended to signify the goods or services of the seller or groups of sellers and to differentiate them from those of the competitorsâ⬠This brand is a valuable asset to all organisations when franchising. Although, the brand name is often not as strong with a small business as it is with their larger counterparts. Franchising originated from the USA, with major players such as McDonald entering the UK market. Franchising for the individual as a small business underwent massive growth in the UK until 2000. This growth has slowed down, but there are still plenty of opportunities for businesses to expand. This paper concludes that given the right small business, expansion is possible though franchising. This franchising must be controlled to uphold the organisationââ¬â¢s ethos, and the brand they trade with. This chapter discusses the research methods used for the project and the justification for the choice of methods. It discusses methods that were not used, with justification of why they were not included. Included is a critique of methods selected, and with hindsight identifies any changes that would have enhanced the research. This paper evaluates the growth in franchising in the UK, and whether this method of expansion is viable for small and large organisations. Selection of the topic was stimulated and formed out of awareness of the many franchised outlets. On nearly every high street there are numerous fast food outlets, which are franchised, more and more businesses are using this model to expand. The nature of the research was discussed with colleagues and fellow students this not only added practical ideas and suggestions, it opened new avenues of thought. This was the discussed with lecturers sounding out ideas, gauging opinions and clarifying the question. The research topic was still wide; therefore other methods were used to form the research question. Focusing in on the question was obtained by employing relevance trees, narrowing the research area. This gave direction to the research, although with reviewing the literature this changed several times (Buzan, J. 1995). Next, a research proposal was compiled, with the benefit of organising ideas and setting a time-scale for research. Theoretically, the proposal would highlight any difficulties with the research question and access to data. Creating a time-scale would focus on targets and meet deadlines in the completion of the paper. The literature review, discussing theories and ideas that exist on the topic formed the foundation of the paper. The findings from the research are then tested on theories for validity (Saunders, M. et al 1997). The literature review was challenging, there is very little research in books that focuses on small businesses and franchising. Journals and newspaper articles were the backbone for the review, together with Internet sites and reports. A lot published articles are written for the American Market, although they can give useful information, they refer to the American market (Saunders, M. et al 1997). Tertiary data sources, such as library catalogues and indexes were used to scan for secondary data. This produced journals and newspaper articles, and Internet addresses. With the amount of literature, it took time to sort out relevant material to the research. Narrowing down the search Bellââ¬â¢s (1993) six pointââ¬â¢s parameters was applied. Applying key words that were identified in the first search produced relevant and up-to-date material (Bell, J.1993). A limitation on the literature search was the amount of time to read all articles and books on the subject. Whilst reviewing the literature references to other publications were followed and reviewed. Bells checklist on identifying the relevance of literature found was a practical method to reduce the amount of reading (Bell, J. 1993). To compare two organisations it was decided to do case studies. The organisations chosen both offer franchising in the UK, actively promoting it on their web sites. The case studies of organisations will be reviewed and compared to the literature. The small organisation is expanding though franchising, the larger international organisation uses franchising as part of its overall strategy. These organisations have both applied the franchising business model to their expansion strategy. These organisations were selected from the British Franchise Association web site. Other methods of data collection were considered and rejected. Interviewing owners of franchises would not have revealed the overall organisational strategy, and the success of their expansion methods. The idea of Focus groups would have offered free flowing information; this could have been facilitated with discussion led by the researcher. This method was rejected due to the limited contacts within the chosen organisations; this also it could have been considered unethical to place pressure on their goodwill. The majority of information on their strategies is readily available on the organisations web sites. This information proved valuable when compiling the case studies. This section of the paper will discuss current theory on franchising and fundamental management theory. It discusses choices that are open to organisations when deciding on a strategy, for both small and large organisations. This section will focus on franchising in the UK; this information will be then compared to the case studies. Organisational strategy is the pattern of decisions that determines and reveals to stakeholders the organisations intent; this is achieved through their objectives, purposes, and goals. The organisation identifies where they strategically want to be, and introduces policies and procedures which put in place to achieve these goals. When the strategy is formulated, it will allocate the resources based on its relative internal competencies and shortcomings, and predictable changes in the environment. Strategies are developed at the top level of management, with instructions to the lower levels of management to implement them. Johnson Scholes (1997) concluded ââ¬Å"strategic intent is the desired future state of the organisationâ⬠¦which seeks to focus the energies of the members of the organisation (Johnson J Scholes K 1997:15). All organisations require strategic plans to move them forward; some are needed to overcome specific problems within the organisation or the market place. These are long term management decisions that are aimed to place the organisation where the members have decide will be the most strategic place for them. It is the matching of the organisation to the environment; this will lead to ââ¬Å"strategic fitâ⬠This is the ideal environment for the organisation to operate within (Reader, A 1998). Managerial decisions are made to identify what is required to implement the new strategy. Are new resources are required? I.e. property, finance or employees, then the risk should be assessed for its long-term value to the organisation. Strategies should not only be considered on how they will affect existing resource capabilities, but also if needed new resources and how they will be controlled. The costs to the organisation should be weighed against the long-term gains, and if needed it can be reviewed, accessed and amended accordingly (G, Johnson K, Scholes, 1997). Therefore strategic decisions will affect the operational level of an organisation, which needs to be in tune with long term goals of the organisation. This factor is important in decision-making; firstly if the operational level is not in line with the strategic level this can cause conflict and jeopardise the strategy, secondly it is at the operational of an organisation that the real strategy is achieved. Procedures and policies should be constantly reviewed, to ensure correct implementation of the strategy (G, Johnson K, Scholes, 1997). Strategy is the direction and scope of an organisation over the long term: which achieves advantage for the organisation through its configuration of resources within a changing environment, to meet needs of the markets and fulfil stakeholder expectations. The strategy answers both the questions where do you want to go? and how do you want to get there? The first question is answered when the goals are set; the second is answered when the strategies are planned. The traditional approach basically focused on the first question although equal importance should be given to both questions. Incorrect or too few resources is a major factor of failure for an organisationââ¬â¢s strategy (Mullins L 2005). A portfolio analysis will review the current position of the organisations products within the chosen markets. Ansoff (1987) developed a product growth matrix, which reviews current products and their markets; this will also highlight new markets that entry to can be considered. Ansoff considered reviewing the portfolio ââ¬Å"as only one part of the equation for a successful strategyâ⬠To formulate a successful strategy more than one review of their current position will clearly identify any problematic areas. The greater the information gathered the greater the chance of success of a new strategy (Ansoff (1987) cited in Groucutt, J. et al 2004:212). Organisations need to continually review their strategic position, and then decide how and when to grow. Robbins (1995) defined growth (expansion) as improvement in operation of an organisation, including in general measurements, such as more revenue, increase staffing and market share. Growth can be achieved by direct expansion, mergers with similar firms, franchising or diversification (Robbins, S 1995). The traditional growth moves for organisations are acquisitions, mergers, international expansion, or price increases, these it is argued have largely run out of steam. Therefore for most organisations pursuing new growth opportunities should be the number-one priority. Growth moves fall along a spectrum, ranging from traditional product innovation ie. improving features and brand extensions to longer-term strategies such as taking core capabilities to new markets. Managing new growth requires an active feedback loop of constantly monitoring the progress of each initiative, its changing probability of success, and its shifting risk profile (Burnes, B. 2000) Mergers and acquisitions were an enormous factor of the 1990s growth, as MA activity grew sevenfold from 1994 to 1999. But acquisitions rarely produce new value and sometimes lead to disaster. International markets, are often viewed as a rich field for growth, in reality they hold little opportunity for future sustained gains in many industries. Markets in Western Europe and Japan are as competitive and mature as in the United States. And emerging markets, are characterized by weak consumer and industrial purchasing power, inefficient distribution channels, and protectionist laws that favour local players (Burnes, B. 2000) Mergers combine two or more companies into a single corporation. In business, a merger is achieved when a company purchases the property of other firms, thus absorbing them into one corporate structure that retains its original identity. This differs from a consolidation, in which several concerns are dissolved in order to form a completely new company, or a takeover, which is a purchase of a company against its will. In a merger the purchaser may make an outright payment in cash or in company stock, or may decide on some other arrangement such as the exchange of bonds. The purchaser then acquires the assets and liabilities of the other firms. When two companies directly competing with each other merge, it is horizontal integration; when suppliers and customers merge, the process is vertical integration (Johnson, G Scholes J 2004). Growth through price increases worked over the past decade in industries such as airlines, chemicals, financial services, and consumer products, as underlying demand was bolstered by the 1990s economic expansion. But in all of these industries, companies have run out of room to push through reflexive price increases as demand has slackened and competition has intensified (Johnson, G Scholes J 2004). For a small set of companies new growth is not an immediate concern, as their current growth strategies remain robust. But for most organisations pursuing new growth opportunities is the number-one priority. Today most products, even complex ones such as PCs or airplanes, are largely undifferentiated in terms of performance; so improved product functionality offers little. Fortunately, in most industries a wide range of higher-order customer needs is go unmet. These needs involve the broader economic issues surrounding the product rather than the strictly functional needs met by the product itself (Burnes, B. 2000). Growth moves fall along a spectrum of categories, ranging from traditional product innovation moves such as improving features and brand extensions to longer-term strategies such as taking core capabilities to new markets. Most companies tend to over-invest in areas they are familiar with and have well-established processes and systems (Johnson, G Scholes J 2004). Over the past two decades, the franchising industry has experienced a phase of renewed expansion and continued growth, the advent of new forms of franchising has further added to this growth. Globalisation accounted for much of franchising expansion between the 1960s and the 1980s, new industry segments, such as funeral homes and car repair garages, have been adopting franchising as a means to conduct business based on its standardisation promise. The expansion of older industry segments into non-traditional sites, such as airports, colleges, and hospitals, has allowed for another push in the growth of franchise systems. Through all of these developments, a major portion of the more recent growth can be attributed to the emergence of franchise owners who own more than the traditional single outlet (Grà ¼nhagen, M and Dorsch, M 2003). Brands A valuable asset to all organisations, is the brand name of the product, this is then a vital component when franchising. Kotler (2000) described a brand as a ââ¬Å"name, term, symbol, or design (or a combination of them) which is intended to signify the goods or services of the seller or groups of sellers and to differentiate them from those of the competitorsâ⬠(Kotler (2000) cited in Groucutt, J et al 2004:275). The brand is part of the products tangible features, it is the verbal and physical clues that help the consumer identify what they want and to influence choice (Groucutt, J et al 2004). The actual word ââ¬Å"brandâ⬠is derived from a Norse word which means to ââ¬Å"burnâ⬠. It is assumed that this means to imprint ideas or symbols on a product. This then gives the product identification and leaves a lasting mark on the consumer (Groucutt, J et al 2004). Because product features are easily imitated brands have been considered a marketers major tool for creating product differentiation. Even when differentiation based on product characteristics is possible, often consumers do not feel motivated or able to analyse them in adequate depth. Therefore the combination of brand name and brand significance has become a core competitive asset in an ever-growing number of contexts. Brands incite beliefs, evoke emotions and prompt behaviours (Aaker, D. (1991) cited in Kotler, P Gertner, D. 2002:249). Once a brand is established it requires nurturing, to bring out the full potential and add value to the organisation. Kashani (1999) believes that powerful brands are built over time through a conscious management effort. This is achieved through strategic decision-making and appropriate actions. All brands ââ¬Å"need to be based on values and attributes that are permanent and, purposeful and fundamental to its strategyâ⬠(Kashani (1999) cited in Groucutt, J et al 2004:285). Therefore by creating such values in an organisation it will provide direction and a future for the brand. A brand with strong ââ¬Å"brand equityâ⬠is a valuable asset to an organisation. This asset is difficult to measure; although it has emerged as key strategic asset. A powerful brand enjoys a high level of consumer awareness and loyalty, with the organisation benefiting from lower marketing costs relative to revenues. Consumers expect more outlets to carry strong brands; therefore the organisation has more leverage when bargaining with retailers. This all adds to the ââ¬Å"brands equityâ⬠, which needs to be managed by the organisation (Kotler, P. et al 2005). This brand asset management is a concept that is closely related to positioning, since certain brands are central to a companys current and future performance. They need to be managed, enhanced and protected as assets. This allows brand names like Coca-Cola, Sony, Intel and Disney to extend into new product categories, and produce product variants and services (Kotler, P. 2004). What is Franchising? The term franchising has been used to describe many different forms of business relationships, including licensing, distributor and agency arrangements. The more popular use of the term has arisen from the development of what is called business format franchising. Business format franchising is the granting of a license by one person (the franchisor) to another (the franchisee), which entitles the franchisee to trade under the trade mark/trade name of the franchisor and to make use of an entire package, comprising all the elements necessary to establish a previously untrained person in the business and to run it with continual assistance on a pre determined basis (Kotler, P, et al 2005). The principle is simple; some companies choose to grow, not by developing in the conventional way, but by granting a license to others to sell their product or service. There are clear advantages to this, the market is tested, and larger well-established franchise operations will have national advertising campaigns and a solid trading name Some franchisors can also help secure funding and discounted bulk buy supplies for outlets when you are in operation (Price, S. 1997). Each business outlet is owned and operated by the franchisee; however, the franchisor retains control over the way in which products and services that are marketed and sold, and controls the quality and standards of the business. The franchisor will receive an initial fee from the franchisee, payable at the outset, together with on-going management service fees, usually based on a percentage of annual turnover or mark-ups on supplies. In return, the franchisor has an obligation to support the franchise network, notably with training, product development, advertising, promotional activities and with a specialist range of management services (Kotler, P, et al 2005). Franchising is essentially the permission given by one person, the franchisor, to another person, the franchisee, to use the franchisors trade name, trade marks and business system, in return for an initial payment and further regular payments. In a UK franchise industry currently worth à £9.1 billion and comprising 718 franchised units (Nat West UK British Franchise Association Annual Survey of Franchising 2004). In relation to any other small business, franchising has proved to be successful, with 96% of units still operating profitable businesses 5 years down the line. Only 66% of small firms survive the first 3 years (Small Business Service Report 2005). There is (some) evidence to suggest that franchises are less likely to fail than other types of small business organisations (Small Business Service Report 2005). A franchise is defined as a long-term, continuing business relationship in which for a consideration, the franchisor grants to the franchisee a licensed right, subject to agreed requirements and restrictions, to conduct business utilising the trade and/or service marks of the franchisor and also provides to the franchisee advice and assistance in organising, merchandising, and managing the business conducted to the licensee (Price, S. 1997). The franchisor develops a special product, service, or system and gains national recognition. The franchisor then grants a right or license to small, independent businessmen throughout the country to merchandise this service or product under the national trademark and in accordance with a proven, successful format. This increases the franchisors exposure for more national business and gives the franchisee a greater chance for success in a given field with a smaller amount of capital investment (Price, S. 1997) Code of Ethics for Franchising The UK Code of Ethical Conduct in franchising takes as its foundation the Code developed by the European Franchise Federation. In adopting the Code, the Federation recognised that national requirements may necessitate certain other clauses or provisions and delegated responsibility for the presentation and implementation of the Code in their own country to individual member National Franchise Associations. The Extension and Interpretation, which follows the European Code, has been adopted by the British Franchise Association, and agreed by the European Franchise Federation, for the application of the European Code of Ethics for Franchising by the British Franchise Association within the United Kingdom of Great Britain and Northern Ireland (www.thebfa.org). The European Franchise Federation, EFF, was constituted on 23rd September 1972. Its members are national franchise associations or federations established in Europe. The EFF also accepts affiliates, i.e. non-European franchise associations or federations, and other professional persons, interested in or concerned with franchising. Affiliates have no voting rights and cannot be appointed officers of the EFF (www.thebfa.org). The EFF also comprises a Legal Committee, composed of two lawyers from each national member association or federation and highly qualified in franchise matters. The EFF has, furthermore, installed a Franchise Arbitration Committee, which is at the disposal of parties preferring to submit their disputes to the latters determination. The evolution and the ever-growing importance of franchising in the EC economy as well as the EC Block Exemption Regulation for franchise agreements, entered into force on 1st February 1989, prompted the EFF to revise its existing Code of Ethics (www.thebfa.org). The motives differ between small and large organisations when they are using franchising for growth. Franchising is fast becoming one of the most popular entry mode strategies for international retail companies when moving into international markets. Though initially slow to respond to this practical phenomenon occurring in the international retailing domain, the academic community has also been gradually turning its attention to the nature of international franchising, in the context of retailer internationalisation (Quinn, B Alexander N 2002). Despite this increase in the practical use of franchising, academic attention has only recently been afforded to the nature of international franchising in the context of retailer internationalisation. Control is an issue of serious concern for international franchise companies. It is becoming a particularly important issue for international organisations as they continue to employ franchising as a mode of expansion in internationally diverse economies, and in locations geographically distant from the home market (Quinn, D Doherty A 2000). In terms of market entry mode strategies available to international retail companies, franchising has proved an increasingly popular mode of operation in recent times (Burt, 1993 cited in Quinn, D Doherty A 2000) Franchising has historically been a favoured mode of expansion among service sector companies, particularly the fast food restaurant business. However, a diverse range of retail companies has become aware of the advantages for international expansion, which the franchise strategy may bring. Therefore, the strategy has been adopted not only by niche retailers, for example, Benetton, Body Shop and Yves Rocher, but also other retailers such as Casino (France), GIB (Belgium) and UK variety stores Marks Spencer and BhS, where it has been employed as only one of a range of entry strategies (Quinn, D Doherty A 2000). Studies have identified how complex the expansion practiced in small busines is and how it can strategically gain a competitive advantage over a competitor. Although these studies have also conluded that expansion is often seen as peripheral to some small firms requirements. Research has found some small businesses use sophisticated marketing strategies and others use no form marketing (Klemz, B and Boshoff, C 2001) The small firm has always been viewed as the budding large firm, and Alfred Marshalls analogy of the young plant in the nursery seedbed is applicable today as it was in the nineteenth century, of course most of these tender young shoots are destined not to survive. Marketing of products and service can develop the business, increasing turnover and profit (Alfred Marshall cited in Day J 2000). Smaller firms share a number of characteristics differentiating them from larger organisations, that lead to marketing problems. These include, limited customer base, limited activity, fewere resourcrs, owner/managers marketing competency, no formalised planning and evolutionary marketing, and, innovation, niches and gaps. The relationship and affinity that many SME owners/managers have with their customer base has frequently been cited as an advantage. It is considered that the best strategy a small business can adopt is to fully appreciate and exploit any existing customer base, prior to attempting an expansion of this base (Klemz, B and Boshoff, C 2001) One argument with marketing in SME,s is that it differs from the larger organisation, it requires more intuitiveness, creativeness, networking is of higher importance and more about operating under extreme time pressure. Day J (2000) stated, ââ¬Å"Encouraging small firms to act both intuitively and flexibly is not tantamount to condoning sloppy and careless thinking, nor equally, is it an excuse to impose rigid and conservative business school models on themâ⬠Therefore the smaller businesses require their own models to be based on (Day. J. 2000:1036) For these SMEââ¬â¢s to reach international achievement, they not only have the appropriate product and strategy, but the decision makers must have the appropriate attitudes as well (Calof, 1994). It is these attitudes that determine how decision makers perceive the benefits, costs and risks of internationalisation (Calof (1994) cited in Chetty, S and Campbell-hunt.C 2003). These attitudes that will shape international decisions are based on the decision-makers past experiences (Chetty, S Campbell-hunt. C. 2003) Resources or the allocation of resources are a key factor to the success of any marketing strategy. There are a number of different theorisations of processes of development in a firms international operations. Cavusgil and Nevin, (1981) considered ââ¬Å"internationalisation to be a gradual, sequential process through different stages, with the firm increasing its commitment to international operations as it proceeded through each stageâ⬠The most often used model is the Uppsala process model. It emphasises learning by focusing on market knowledge and commitment. To minimise risk and overcome uncertainty, it says that firms internationalise in a step-by-step process. As firms gain market knowledge they commit more resources to the market (Cavusgil and Nevin, (1981) cited in Chetty, S and Campbell-hunt,
Friday, October 25, 2019
Vice-Principal :: essays research papers
Introduction The doctrine of employment-at-will emerged in the nineteenth century in the United States in a climate of unbridled, laissez-faire expansionism, social Darwinism, and rugged individualism. It is often referred to as Wood's Rule, named after Horace C. Wood, who articulated the doctrine in an 1877 treatise Master and Servant. No doubt the title of the treatise says all that need be said regarding Wood's view of employment relations and, unfortunately, the view shared by most of his legal contemporaries (Mauk, 1985). According to Wood, an employee must be free to quit at any time, otherwise there is the possibility of involuntary servitude, which is prohibited in the Thirteenth Amendment to the U.S. Constitution. The doctrine of mutuality of obligations then required a symmetrical right of the employer to terminate the employee at any time. At- Will Employment: Definition and Application In its narrowest sense, the doctrine of at-will employment only speaks to when an employment contract can be terminated: the contract can be terminated at-will of either party, i.e., at any time. A separate issue is why (i.e., for what reasons) the employment contract can be properly terminated. From the beginning, the concept of at-will employment meant that the employment contract could be terminated for any reason by either party (Mauk, 1985). Most employees of state governments in the USA are not at-will employees. And most members of labor unions in the USA are covered by a written contract, called a "collective bargaining agreementâ⬠that contains a clause specifying that their employment can be terminated only for just cause. This clause makes union members not at-will employees. Recognizing that this rule of law is too harsh, courts in the 1960s began to develop an exception to the absolute right of an employer to terminate an at-will employee, in cases where the employer violated a clearly expressed public policy. The process of developing the public-policy exception to at-will employment accelerated during the 1980s and 1990s, not only with judicial recognition of public policy, but also legislatures passing statutes providing whistleblowers with protection from retaliatory discharge (Mauk, 1985). At St. Thomas the Apostle school, we have a part ââ¬â time Day Care provider, who works for our after school program and might be fired at the end of this school year. She has displayed unethical behavior towards co-workers, unprofessional attitude toward parents and students, and illegal actions by displaying negligence to safeguard students under her care. Therefore, a panel of several administrators has met to discuss the different legal issues that might arise before termination is announced to her this June.
Thursday, October 24, 2019
Social Policy Dissertation
Overview of Area The New Deal for lone parents has focussed on the notion of making it easier for lone parents to return to work. The underlying aim of the policy has been stated to be making it easier for parents, particularly lone parents, back to work by making the issues relating to childcare easier to overcome. Despite this seemingly strong policy to improve the work prospects of parents, there are concerns that this agenda could have negative repercussions on other welfare areas such as the quality of childcare being provided to young children (DfEE, 1998). Lone parents in particular present a policy challenge as there is a need to ensure that whilst putting parents in a position that they are able to take up employment this should not be done in such a way that forces parents into work when they would be better employed providing childcare at home. Looking at the wider issues associated with the New Deal policy including the impact on childcare and child development enables a detailed policy analysis to be undertaken and recommendations for the future to be made(Zaslow, et al 2002). Thesis to be Tested The current New Deal agenda focuses too heavily on getting as many parents, particularly lone parents, into work. A failure to grasp the wider issues including the impact on the child of being in childcare from a young age and social factors such as the benefits of entering back into the workplace has resulted in the policy being less effective than the original aims would suggest it could be. Reform is needed to look at the wider issues and to ensure that the New Deal does not focus on short term gains with long term costs (Josh and Verropoulu, 2000). Potential Problems Issues relating to lone parents returning to work are often very individual with the policy being effective for one scenario but not for another. Gaining an overall perspective is therefore potentially difficult as one size does not fit all and several approaches may be necessary to answer the thesis question presented above. Indicative Bibliography (this is merely a starting point and will be added to considerably during the thesis itself) Department for Education and Employment (DfEE) (1998) The National Childcare Strategy. London: HMSO. http://www.dfee.gov.uk/childcare/content3.htm Dunifon, R., Kalil, A., and Bajracharya, A. (2005), ââ¬ËMaternal Working Conditions and Child Well-Being in Welfare-leaving Familiesââ¬â¢, Developmental Psychology, Vol 41(6), pp.851-59. DWP (2007), In work, better off: next steps to full employment, London: Department for Work and Pensions, The Stationery Office. Josh, H. and Verropoulu, G. (2000) Maternal Employment and Child Outcomes: Analysis of Two Birth Cohort Studies, London: The Smith Institute. Kaestner, R., Korenman, S. D., and Oââ¬â¢Neill, J. (2003), ââ¬ËHas Welfare Reform Changed Teenage Behaviors?ââ¬â¢, Journal of Policy Analysis and Management, vol. 22(2), pp.225-248. Millar, J. and Ridge, T. (2008), ââ¬ËRelationships of Care: Working Lone Mothers, their Children and Employment Sustainabilityââ¬â¢, Journal of Social Policy, vol. 33(1), pp.103-121. Zaslow, M., Moore K., Brooks J., Morris P., Tout K., Redd Z., and Emig C. (2002), ââ¬ËExperimental studies of welfare reform and childrenââ¬â¢, Children and Welfare Reform, vol. 12 (1), pp.79-98.
Wednesday, October 23, 2019
Ivan Ilyitch and Wasted Lives Essay
The stories dealt with in this paper seek happiness in the wrong places. They stress the failures of modern life, the falsity of success and the elusiveness of happiness when it is not grounded in virtue. Virtuous and simple living are the last things to be discussed in these stories, but happiness is searched for according to the easiest and most sensual manners possible. Modern society has failed to bring happiness and fulfillment, and these stories speak as to why. What is terrible about modern life is the definitions of happiness and fulfillment based on money and social standing. It is roundly condemned by journalists and moralists, but remains as powerful as ever as motivating factors in behavior. In Tolstoyââ¬â¢s famous Death of Ivan Ilyitch, the filmââ¬â¢s hero, Ivan, is a lawyer, a member of the prestigious judicial council (127) who has recently taken ill, as lies in his last few hours considering his life. His main concern throughout his life is what Tolstoy calls comme il faut, that is, the maintaining of appearances regardless of circumstances. Even his marriage was based on social standing and on the opinions of high society, rather than love (130). In ââ¬Å"The Necklace,â⬠the young woman wants the necklace that nearly destroys their life solely so that she will look like a successful person at the party given by the Ministry of Education. It ends in disaster as the necklace is lost. After being passed over for several promotions, Ivan was sent to a remote outpost in ââ¬Å"the country,â⬠where he quickly fell into boredom and ennui. He then left his family to go back to his Petrograd post, because high society is the only place he felt comfortable. His social cues came from that society. After falling while decorating his houseââ¬âdecorating solely for the approbation of the same societyââ¬âhe developed what appears to be cancer, and quickly died, mirroring the life and death of Aurora in Terms. The will cannot bring happiness and human life often has a rhythm of its own that cannot be controlled by the state, social institutions or an overprotective mother. It is in this interval that he meets Gerasim, a simple peasant without pretense or guile, the opposite of Ivan (148). Gerasim was Ivanââ¬â¢s assistant when he was ill. Gerasim cared not for society, but for the simple hard work that typified the peasant. He was a ââ¬Å"naturalâ⬠man rather than Ivan, the ââ¬Å"artificialâ⬠one. But in Chapter IX is where a ââ¬Å"voiceâ⬠begins to speak to Ivan, speaking to him about life. Happiness is based on simplicity, not on the worship of the status quo and the domination of social norms. The artificial world of high society was not joyous, but merely a set of obligations. ââ¬Å"And that deadly official life, and anxiety about money and so for one year, and two, and ten, and twenty, always the same thingâ⬠(157). But this was the life of success, of high society, of the elite: and it failed to make Ivan happy. The move from childhood, with its simple joys, to that artificial world of elite adulthood was correlated with the falsity of his happiness and the deadening of joy. This is also to be seen in ââ¬Å"Araby,â⬠where children are the only ones left with imagination as they come of age. The complex and hypocritical world of high society deadened him and his life. This story about a dying man looking at his life seems to be well read, but never heeded. Ivan is all of us who equate success with money and social standing, who view childhood as ââ¬Å"trivialâ⬠and the approbation of institutions as central. Ivan conformed his entire life, from his marriage to political views, around what was dominant in high society. In this process, he was successful, but not happy. If anything, the two concepts exist in an inverse relation. Success in modern life is not a happy life. It is unhappy because ultimately, it is one set of obligations after another. Money is always a problemââ¬âinvestments, the market, inflation, taxes, economic cycles all contribute to the anxiety of all but the most wealthy of moderns. Social life, as in Ivan, is a bore, with a set round of obligatory social relations and gatherings, all of which seem to set the ââ¬Å"successâ⬠class apart from the commoners. But Ivan, through the example of Gerasim, sees that the simple peasant, the agriculturalist, without the social obligations of the Petrograd lawyer, is happy, joyful and finds a great deal of satisfaction in labor and its invigorating aspects so common in farm work. But labor, in modern life, is something to be avoided rather than embraced and farm work is seen as ââ¬Å"backwardâ⬠in the prejudice of moderns. In the film Terms of Endearment, the parallels are subtle, but present. Aurora is the protective mother, always concerned for the ultimate happiness of her daughter, Emma. Onceââ¬â¢s Emmaââ¬â¢s first romance fails, and Aurora seems pushed out of her life, the latter finds romantic comfort with a married, ââ¬Å"successfulâ⬠man, a banker, Sam Burns. At the same time, Aurora, after remaining sexless for many years, has a whirlwind relationship with an ex-astronaut, Garrett Breedlove. It is hard to see the placement of the false society here, as is the case with The Necklace and A Good Man. Both Emma and her mother live within the false society of modern life, believing that sex and finding the ââ¬Å"rightâ⬠man will bring happiness. Virtue is not mentioned, nor the life of the mind, but happiness is defined solely in respect of an other, a romantic, sexual relationship that is supposed to make people happy. Both characters, Aurora and Emma, are trapped and the free sex that exists throughout the movie is a conformist device, not a rebellious one. If anything, the fact that Aurora dies of cancer tells her that happiness cannot be found in this life, for even if Aurora was right all along, and Emma was her best friend, she still would have died a miserable death. Having sex with the drunken Breedlove has changed nothing. This film seems to be a set of negative examples: overprotection does not lead to protected children, and sex does not lead to happiness, nor does romance. If anything, it is a veiled attack on the modern obsession with the sexually carnal, that promises pleasure and happiness but usually ends with emptiness. Such is also the final scene in ââ¬Å"Araby,â⬠where the fair itself, symbolizing all sexual and sensual, is a disappointment. The build up the young boy has created in himself was far too high for actual reality. Sex is modern life is often considered this Holy Grail of acceptance that often leads to disappointment. The Necklace, a short story by Guy de Maupassant, has far more parallels with Tolstoy than Terms. The single reality is that the necklace is part of the world of falsity within which Ivan and his ilk live. The very fact that the necklace itself is a cheap fake is part of the schemeââ¬âit matters not if the object is genuine, it does its job of making the world think that you belong and that youââ¬â¢re part of the ââ¬Å"successfulâ⬠club. The obligation that Ivan finds in his life is mirrored in the coupleââ¬â¢s having to work for a decade to repay the alleged price of the genuine necklace, which never even existed. The necklace is the ultimate attack on the falsity of ââ¬Å"successfulâ⬠lifeââ¬âthe necklace exists solely to convince others of something, but it is not even real. At the same time, the labor that has gone into paying for the non-existent real necklace speaks of the waste and profligacy of the wealthy, who normally pay huge sums for such trinkets, and call it happiness or success. The young boy in ââ¬Å"Arabyâ⬠though that his love interest and the fair at Araby would provide this. All these sorts of things provide is emptiness. ââ¬Å"A Good Man is Hard to Findâ⬠is a far more subtle work, centering around a self-centered grandmother that speaks of The Misfit, a killer who is allegedly making his way though to Florida, where her family wants to go on vacation. The family eventually makes their way to Tennessee where, in an accident caused by a hidden cat, the disabled car is sat upon by the Misfit and his group, who eventually murders the entire family when the grandmother yells out that the Misfit is here, hence, necessitating the Misfitââ¬â¢s murder of his identifiers. There is a hint that the Misfit is in fact the grandmotherââ¬â¢s son, and the grandmother, possibly attempting to save her own life, attempts to calm of Misfit by touching him, which leads to a scene where the murderer hesitates, but soon steps back to shoot her. It seems that Terms and Good man are highly parallel, showing an overprotective parent seeking happiness in all the wrong places. Where The Necklace and Ivan are centered around the concept of falsity and the lies and hypocracy of modern life and its arbitrary definition of ââ¬Å"success. â⬠All four are concerned with happiness broadly speaking, but only Tolstoy holds out the hope for any real happiness, a happiness that can only be gained by simplicity and a return to the land. Modern behaviors cannot understand this.
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