'Business Entity Case Study Essay\r'

'Lou, Jose and Miriam privy go into blood line in the form of a corporation, or partnership, or LLC where Miriam provides mo geltary big(p), season Lou and Jose provide manpower. An operating musical arrangement or purchase-option agreement should be established low which Lou and Jose could each buy a regulate portion of the barter at a predetermined cost. If they choose to establish a corporation, they buttocks elect to be taxed as an S corporation where they testament not pay tax at the incorporate level. The taxes result be paid at the individualised level to avoid reiterate taxation. One function that should be guard against is entering into a future agreement where manpower or future personal effort will be exchange for shares or capital contributions. This is because capital contributions must have present value. Furthermore, Miriam must be aware that any present move out of her capital contributions to either Lou or Jose capital account or shares, could be co nsidered as a gift, and could subject Miriam to gift taxation. Also, it could be viewed as taxable income to Lou and Jose, which would reduce their net investment value (Hartman, 2006).\r\nExtermination descent\r\nBased on the fact that bluff wants to establish the extermination business in many different places, the first thing he motifs to think of is that his business should be a corporation. His plan will not qualify for a modified partnership. The altogether option available to free-spoken is the corporate option because vocal plans on establishing the business nationwide. Projecting the expected offshoot rate of the business, it may be ruff to file for a standard C corporation which will allow his business to take in more than 30 investors which will likely occur establish on franchises or other opportunities by which he bum acquire investor money for the business. One of the primary reasons is to remove his cause personal liability by qualification the family a intelligent entity of its own. cad must pay careful worry to the fact that he will be using chemicals in homes and they must be properly tested and approved for habitual use. He must throw original that all the chemicals meet the requirements of requisite to be used in people’s home.\r\nBecause of this, it is important for Frank to have soulfulness who can take the metre to operate the validity of each product that he uses to underwrite its safety. Furthermore, he must ensure that he has adequate liability policy to cover lawsuits should someone be injure by a chemical or by an employee in the home of a customer. The liability indemnification would be necessary to cover the cost associated with checkup bills or a lawsuit associated with an action taken on someone’s property.\r\nThis insurance should be in place from day one and Frank must make sure that all employees are cover by such an insurance policy. Frank will have some time before he needs to stres s on supererogatory use of goods and services laws. The previous(predicate) stage of the business will not require a lot of story works and legal actions. As the smart set grows to more than 50, it will require additional investments of time and money to ensure the company is operating within its legal boundaries. At that point the company will need to have some sort of legal representation to ensure the actions taken by the company are done in an appropriate and legal manner (Mallor, 2003).\r\n tress Scenario\r\nUnder the Civil Rights pretend of 1964, a person cannot be discriminated against in drill ground upon race, color, nationality, religion, sex age or disability, except where an employer would suffer an undue asperity if it were required to employ under the homophobic condition, and where no reasonable readjustment of the employee is possible.\r\nIn the case of Michelle who is pregnant, it presents an identifiable undue misadventure to the employer, because shoul d she or her fetus be wound during the surgical process of the jackhammer, the employer would be subject to a workers’ compensation claim. In addition, because the job requires the operation of the jackhammer, there is no reasonable accommodation that the employer can possibly provide, which would not proscribe the employee from working. Therefore, even though the employer would discriminate against Michelle, it is not unresistant under either the Americans with Disabilities serve or under the Civil Rights Act which will be favoritism found on disability and sex respectively. In the case of Eric, him not having a lavishly indoctrinate diploma excludes him from consideration for employment. However, as a person 40 historic period or older is protected by the Age Discrimination, because it is difficult for older employees to mystify high school diploma if they do not possess it already.\r\nThis implies that, Surebuild could be probable for age discrimination, if the company uses the lack of a diploma as the reason for denying Eric. In the case of Felipe who does not speak English, Surebuild could be held liable for discrimination if English is not a requirement for the performance of the localise he is applying for. Surebuild could be charged with discrimination against race, and nationality. Considering Nick, he has a high school diploma, and is well qualified for the job found upon his education. The problem he has is that, he has no experience and he is also epileptic. However, the ad does not state experience with a jackhammer as a requirement.\r\nThe and issue at hand is his epileptic condition. Surebuild can deny Nick for employment and will not be liable for discrimination against him for being disabled. This is because he can have a ictus in the middle of the operation of the jackhammer and that can cause injury not only to himself but to others as well. However, if Nick can show proof or medical records that suggest that his illne ss is controlled by a certain medication and that he will not have a seizure while operating the machinery, then he should be qualified for the position. If Surebuild refuses to employ him based on his illness, the company will be liable for discrimination against the disabled (Mallor, 2006).\r\nReferences:\r\nHartman, L. P. (2005). opinion in Business Ethics (3rd Ed.). Columbus, OH: The McGraw-Hills Companies.\r\nMallor, J.P., Barnes, J.A., & international ampere; Bowers, T.L. (2003). The Ethical, Global, and E-Commerce Environment (13th Ed.). Columbus, OH: The McGraw-Hills Companies. *\r\n*\r\n*\r\n'