Saturday, May 30, 2020

Analyzing Netflixs Growth and Enrons Demise - Free Essay Example

Analyzing Netflixs Growth and Enrons Demise Using Scheins Organizational Theory When Reed Hastings and Marc Randolph founded Netflix in 1997, Blockbuster was humming along as the largest video rental company in the United States with a large physical footprint and excellent brand recognition. As a retailer at the time, qualities like these were generally indicative of a healthy business with a positive outlook. Blockbuster exploited their strong position in the video rental industry by stocking their stores with a sparse selection of films and charging onerous late fees among other things. Using a high-volume, low-price business model, Blockbuster was able to price other video rental stores out of the market and limit the number of competitors they had in the industry. Meanwhile, Netflix was struggling with how to make its grand idea of sending videos directly to customers work. Eventually they settled on sending DVDs to customers (a technology that had arrived in the U.S. only a year earlier) and using an innovative membership model. Initially this was perceived as a poor strategy as DVD players were prohibitively expensive and not many people would be able to afford them. This led to an opportunity for Blockbuster to buy Netflix for $50 million in 2000 when Netflix executives flew to Blockbuster headquarters in the midst of the tech bubble bursting, an event which resulted in Netflix struggling as a young company (Graser). Blockbuster ultimately declined Netflixs offer (according to Netflix officials present at the meeting, they were nearly laughed out of the office) to run its online service and in hindsight might have made one of the worst mistakes in business history. Instead Blockbuster opted to strike a deal with Enron to provide a video-o n-demand service using Enrons fiber optic cables (Graser). This deal fell apart in short order due to the acrimonious and distrusting nature of their relationship. Within the year Enron had filed for bankruptcy and several of the companys executives were scheduled to appear for congressional hearings meant to obtain information on the rampant fraud within Enron. In 2010 10 years after a fledgling Netflix had offered to collaborate with Blockbuster from a position of weakness Netflix was worth about $13 billion by market capitalization and Blockbuster was worth about $24 million and filing for bankruptcy (Graser). It is very tempting to attribute the upheaval of the video rental industry to the changing tides of the business and the role technology has played in these transitions. But looking just a little deeper suggests that something a lot more fundamental is the cause of this transition: one company was organized better (had a better culture) than the other and used the resourc es at its disposal more effectively to advance its plans. Technology might play a role, but doing something like ridiculing a competitor who flew in to meet with you says something about your company culture. Culture Edgar Schein summarized culture as a pattern of shared basic assumptions learned by a group as it solved its problems of external adaptation and internal integration, which, has worked well enough to be considered valid and, therefore, to be taught to new members (Schein, 1985) . Schein breaks this down in to three distinct levels for an organization: the organizations artifacts and behaviors, its espoused values, and the underlying assumptions shared by those within an organization. In 2004, Patty McCord, then Chief Talent Officer of Netflix, along with Reed Hastings, CEO of Netflix, wrote a PowerPoint deck that summarized the principles and values that underpinned Netflixs culture in its 12 year history. Since then, the deck has come to be known as the Netflix Culture Deck and has been shared more than 18 million times on the web. On the 6th slide of that deck, Enrons logo is at the top with the following text beneath it: Enron, whose leaders went to jail, and which went bankrupt f rom fraud, had these values displayed in their lobby: Integrity, Communication, Respect, Excellence. (These values were not, however, what was really valued at Enron) The irony in Enron, a company that ultimately folded due to rampant corruption and fraud, using the phrase ask why as its slogan has been pointed out repeatedly. The company chose this as its slogan because they were apparently interested in questioning conventional wisdom. There are dozens of points throughout Enrons existence in which questioning conventional wisdom likely wasnt the wise thing to do. The book/documentary Enron: The Smartest Guys in the Room looks at the key players in the companys history and some of the decisions they made from the infancy of the company through its death. One of the first times Enron decided to question conventional wisdom was in 1987, about two years after the company was founded. It was revealed by employees of the company that there was a group of traders who had been stealing company funds and diverting them to offshore accounts. When Kenneth Lay, founder and then-CEO of Enron, was notified he decided not to fire the employees. The reason? Be cause they were making a lot of money for the company. In fact, instead of firing the traders Lay increased their trading limits (i.e. the amount of company funds they had access to). In this case, conventional wisdom dictates firing the employees who were caught stealing company funds, regardless of their contribution to the firms bottomline. Instead, Lay did a calculation and determined profits were paramount and that things like integrity were secondary (he only fired the employees after the board of directors found out about the incident. He feigned shock when they asked him about it)(Enron: The Smartest Guys). This calculation would eventually send Lay on his way to prison (he died of a heart attack 3 months before his sentencing hearing. He was found guilty on 10 counts of securities fraud) and would bring about the demise of the company he founded. Enrons problematic hiring and firing tendencies were a problem throughout its existence. This can partly be attributed to Jeffrey Skilling, then CEO/COO of Enron, who had a darwinian view of how the world worked, according to Bethany McLean, the Fortune reporter who co-wrote the book Enron: The Smartest Guys in the Room. According to Peter Elkind, McLeans co-author, Skillings notion of how the world should work really trickled down and effected everything about how Enron did business. Its this kind of thinking that brought about Enrons notorious rank-and-yank system for evaluating employees performance. Basically this system had employees evaluate and rank each other every year and assign their coworkers a ranking between 1 and 5. At the end of the evaluating process roughly 15% of employees were to supposed be ranked a 1 and therefore slotted to be fired. There was no rhyme or reason as to why this was done other than to satisfy Skillings personal values and to perpetuate what he de scribed as an aggressive culture (Sims and Brinkmann). Enron praised risk taking and it came to be central to their corporate strategy. While many of these risks were taken on disappointing and unfruitful business ventures, the culture or risk was cultivated by top executives with their actions outside of work. For example, Skilling liked to take trips with other executives, and occasionally clients, to rough locales to do dangerous things. Allegedly on one of these trips were they went motorbiking in Mexico, one of those attending required stitches, while another broke bones, and yet another was nearly killed when his jeep flipped. These types of stories made their way back to Enron and played a large role in how employees conducted themselves (Enron: The Smartest Guys). The fact that employees were evaluated by their peers caused a great amount of distrust and paranoia among employees (Sims and Brinkmann). When discussing the culture at Enron, Charles Wickman, a former trader there, said, If Im on my way to my boss office talking about my compensation and stepping on someones throat doubles it, well, Ill stomp on the guys throat, you know, thats how people were (Enron: The Smartest Guys). The negative effects of the hyper-competitive environment that Enron employees were working in quickly superseded any perceived positive effects of such a system. The aforementioned values posted in Enrons lobby were incredibly difficult to adhere to in such an environment. Like Enron, Netflix has sought to instill a high performance culture in which they expect a lot out of their employees. However, the ways they went about doing this are vastly different. In Netflixs culture presentation, seven aspects of their culture are identified. Some of them are Values are what we value, High Performance, Freedom and Responsibility, and Pay Top of Market. The rest of the presentation specifies exactly how those seven aspects would be applied at Netflix. On the High Performance slides, McCord writes were a team, not a family. Were like a pro sports team. Netflix leaders hire, develop and cut smartly, so we have stars in every position. While most sport teams do cut players every year, they dont set a percentage of employees to be fired and they dont have players evaluate each other creating a very uncomfortable environment like at Enron. Most times when teams decide to cut a player, its based on the fact that their skillset or their impact on the teams chemistry is no longer needed. If team management is satisfied with the composition of the team, its morale, and its performance they wont cut players (barring injuries or compensation disputes). Along these lines, when Netflix deems one of their employees to no longer be of use, they fire them with a generous severance package. Enron fired employees using a voting-based ranking system whereas Netflix provided employees who were being fired with the specific reason for them being let go. For example, in an interview with NPR, McCord discussed the case of a product tester who was made redundant due to her role being automated and what she said to the employee: Youre thewhy do you think youre the last one herecause youre the best. Youre incredibly good at what you do. We just dont need you to do it anymore (Henn). Netflix also mitigated the role that firing employees plays by hiring, rewarding and tolerating only fully formed adults (McCord).In the Harvard Business Review McCord writes, If your e careful to hire people who will put the companys interests first, who understand and support the desire for a high-performance workplace, 97% of your employees will do the right thing. Most companies spend endless time and money writing and enforcing HR policies to deal with problems the other 3% might cause. Instead, we tried really hard to not hire those people, and we let them go if it turned out wed made a hiring mistake (McCord). On the Values are what we value slides, McCord lists behaviors and skills that Netflix finds particularly valuable and also that they hire and promote people who demonstrate these nine behaviors and skills. Some of the behaviors listed are communication (you listen well instead of reacting fast, so you can better understand and you treat people with respect independent of their status or disagreement with you), innovation (you challenge prevailing assumptions when warranted and suggest better approaches), courage (you questions actions inconsistent with our values), honesty (you are quick to admit mistakes), and selflessness (you make time to help your colleagues). Another slide explained why Netflix doesnt like brilliant jerks, or in other words smart, productive employees with an abrasive streak. This is in contrast to Jeff Skilling at Enron who once said, I like guys with spikes. I like guys with something extreme about them (Enron: The Smartest Guys). To crystallize the differences between Netflix and Enron, we can look at the circumstances behind the departure of two high-level executives: Patty McCord at Netflix and Lou Pai at Enron. Lou Pai was appointed CEO of Enron Energy Services (EES), a subsidiary of Enron that it intended to use to sell energy directly to consumers. Max Eberts, a former employee in Public Relations at EES, described Pai as a mysterious figure. Kind of like an invisible CEO (Enron: The Smartest Guys). This might be due to the fact that Pai spent significant amounts of time at strip clubs, both during and after work. According to Peter Elkind, He was [at the strip club] almost every night after work and sometimes he would bring traders along with him there were rumors that he brought strippers up to the trading floor. Aside from his questionable morals, EES lost hundreds of millions of dollars in the time Pai was CEO between 1997 and 2001 (losses that were hidden by fraudulent accounting practices). His tim e at Enron came to a mysterious end when he resigned for no apparent reason. There is a theory that this happened when his wife learned of his relationship with a stripper, leading to her wanting a divorce. In order to meet the terms of the divorce settlement, Pai needed a significant amount of cash and as result sold about $250 million in Enron stock. Instead of being fired or reprimanded for his questionable actions and the demonstrably poor performance of his divisions, Pai had the opportunity to resign and leave with $250 million dollars from the sale of stock with a high price, due largely to the fact that buyers of the stock werent privy to the companys fraud. Lou Pais departure from Enron doesnt remotely resemble Patty McCords departure from her post of 14 years at Netflix. Unlike Pai, McCords contributions† being instrumental to shaping the culture at Netflix among other thingswere hugely beneficial for her company and helped its progress. Per Netflixs system, McCord was rewarded for her contributions throughout tenure there (Pay Top of Market from the presentation went through how Netflix evaluated compensation every year and increased pay for the best employees), but when her talents were no longer required she was let go. According to Steve Henn at NPR, McCord was let go because she backed a disastrous plan to split Netflix into two companies one for DVDs and one for streaming. Customers would have to pay more, and many just hated it. Eight-hundred-thousand cancelled their subscriptions. To put it simply, McCord did her job poorly resulting in damage to the company and she was dealt with accordingly. So to summarize, at Enron, the absentee CEO whose divisions lost hundreds of millions of dollars over a four year period wasnt fired but instead was allowed to leave with hundreds of millions of dollars shortly before the company collapsed, and the executive at Netflix who fundamentally transformed how her company operated over a fourteen year span and aided in its significant growth was let go after backing a bad plan once. It doesnt take much more than that to see why one company failed miserably and the other one has been very successful. According to Edgar Schein, there are six culture embedding and reinforcing mechanisms that determine an organizations culture: (1) deliberate role modeling, teaching, and coaching; (2) how leaders recruit, select, promote, and excommunicate; (3) how leaders allocate rewards and status; (4) how leaders allocate resources; (5) how leaders react to critical incidents and organizational crises; (6) what leaders pay attention to, measure, and control on a regular basis. (Schein, 2010, as cited in Ganon M., et al). In my opinion, Enrons collapse can be attributed to poor use of these mechanisms resulting in a culture that severely hurt the company. For example, on the role modeling and teaching mechanism, Enrons C-suite wasnt exactly a paragon of moral behavior and caution. There are several instances that demonstrate this. The incident in which Enrons founder Kenneth Lay essentially rewarded the thieving traders in 1987, implying to other employees that unethical behavior is alright as lo ng as you dont get caught and you are making executives richer. There are also the questionable actions of Jeff Skilling with his dangerous trips and Lou Pai with his stripper obsession and basically absconding with $250 million. On recruitment and excommunication, [Enron CEO] Skilling perpetuated a focus on short-term transactional endeavors from the very beginning by hiring employees that embodied the beliefs that he was trying to instill: aggressiveness, greed, a will to win at all costs, and an appreciation for circumventing the rules (Sims and Brinkmann). Employees were fired using the rank-and-yank rating system which was ineffective and bred a counterproductively hyper-competitive workplace. On the allocation of resources and rewards, the company consistently gave resources and rewards to the worst actors in the company. The way to obtain resources and rewards in Enron was to be an aggressive fraud, as in the case of Andrew Fastow, the CFO that set up the fraudulent partnersh ips that hid Enrons losses and made him $30 million richer by skimming funds, or like all the other executives that partook in those activities. On reactions to crises, when Enron executives learned that the companys fraudulent activities would be exposed within a matter of months, they kept this information to themselves and began to secretly sell their stock. The employees who had their live savings invested in Enron stock, as Enron suggested they should do, were left with nothing when the companys stock price tanked (Enron: The Smartest Guys). Applying Scheins six mechanisms to Netflix provides a much different picture. According to the Promotion and Development slides of Netflixs culture presentation, they dont like the idea of mentors. Instead they like to surround employees with stunning colleagues and challenging work. For this, employees have the founders of the company to look to, especially Reed Hastings, and (for most of the companys history) executives like Patty McCord as teachers and role models. They built a company that has consistently driven innovation in the entertainment industry from being the first to ship DVDs, to developing a streaming platform which they shrewdly built by collaborating with major studios for programming, to then reducing their dependence on those studios by introducing their own programming. Also, the company doesnt tolerate behavior that takes away from the working environment. One can look to the firing of Chief Communications Officer Johnathan Friedland after he used a racial slur in a meeting to see an example of that (Sandberg and Goldberg). In addition to firing people that dont match their values, Netflix fires people if their contributions are no longer necessary or if they perform poorly, as in the case of the product tester who was fired due to her role being automated or when Patty McCord backed a plan that led to 800,000 subscription cancellations. The company gives it resources and rewards to the super productive superstars that best embody the seven aspects of their culture and consistently demonstrate the nine behaviors and skills listed in their culture presentation. And on reaction to crises, the company has consistently reacted in a manner consistent with their beliefs. For example when the company lost 800,000 subscribers due to a proposed plan, instead of flailing and hurting the company further they walked the plan back and fired the executives responsible for the plan in the first place.

Saturday, May 16, 2020

Anabolic Steroid Miracle Drug Or Dangerous Way For Athletes

Anabolic Steroid: Miracle drug or Dangerous Way for Athletes to Cheat? Trevor Holmes May 1, 2015 Rock Port High School Abstract Anabolic steroids have been around since the 1950s. They are used in many ways, both medical and recreational. Steroids have negative side effects as well as positive benefits. Steroids users range from professional athletes to males with AIDS that suffer from muscle dystrophy. When forming an opinion on steroids, remember to listen to the facts and remember there are many uses for Anabolic steroids. Anabolic Steroids: Miracle Drug or Dangerous Way for Athletes to Cheat? Anabolic steroids have been around since around 1935. Ever since steroids were invented, there has been much controversy over them. The fact of the matter is that steroids can be harmful and even fatal, however often times they are not as harmful as people tend to think. If used correctly in the right doses they can also be extremely beneficial in many ways. Anabolic steroids have a wide range of uses, from medical to recreational, with many benefits and negative side effects. Before one learns about steroids and the history of them, one should know what was going on before the male sex hormone was discovered. One would be surprised to see all the things people used to do. Athletic doping has been around since the 1800s; however, athletes have gotten a lot better at it. Before there were steroids and blood doping and things likeShow MoreRelatedAre Steroids as Bad as We Think?1132 Words   |  5 PagesAre Steroi ds Bad? Anabolic steroids are one of the most thought about drugs when talking about gaining weight and muscle. Steroids have been around for years and athletes today continue to use these illegal performance enhancing drugs. But are they really that bad for you? Steroids not only have terrible side effects but they are also becoming more and more common around the world today with pro icons using them and the existence of them. People use steroids for many reasons whether it isRead MoreLong Term Dangers Of Steroid Abuse2099 Words   |  9 Pages Long Term Dangers of Steroid Abuse Anabolic Steroids are commonly viewed as a miracle drug in order to increase muscle growth and definition, but what most users of the drug don’t know are the life altering effects that prolonged use can cause. When the drug was released in the late 50’s by scientists working for the Soviet Union, they had no idea what the lasting effects were going to be. At first the drug seemed to be almost a miracle, it helped the Soviet weightlifting teamRead MorePsychological Effects of Using Anabolic Steroids Essay1240 Words   |  5 Pages Anabolic Steriods. What are they? Where do they come from? Why are they used? From amateurs to pros, from body builders to football players and every sport in between, Steriods, or quot;roidsquot; as they are referred to, have been in the circle of athletes since the 1950s. 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Other athletes began to follow in the Soviet Union’s steps by implementing performance enhancing drugs into their training regimen in order to compete with the soviets. In 1972 the olympic community first implemented drug testing to check for higher testosterone levels to try and combat the use of PED’s. In turn that led toRead MoreEssay Steroids2867 Words   |  12 Pagesfixes to their problem. Many people see Steroids as an answer to their problems. Steroids can make you more fit for athletic competition and make the body more muscular which is considered appealing. Many people turn to steroids because they think it will give them solutions to t he problems they have with society. Many people also fail to see that there are natural ways to enhance athleticism and muscle size that are legal and do not threaten good health. Steroids may seem practical in the short termRead MoreThe War On Drugs And Its Effects On American Soil1608 Words   |  7 PagesIt goes without saying that the influx of drugs in America has resulted in legislative actions to halt the consumption, possession, and sales of most drugs. The extent to these measures are better known as â€Å"The War on Drugs;† a term coined in June of 1971 by former President Richard Nixon. The war on drugs is indeed a war; it induces biased, civil attacks on minority groups in America, executed by law enforcement officials through criminal racism. In the course of my paper, I will explain the factsRead More The Miracle Cure or Nightmare Drug? Essay3213 Words   |  13 PagesThe Miracle Cure or Nightmare Drug? I. Introduction It is pretty safe to say that the majority of the population, if given the opportunity, would like to be in good physical shape. For men it’s the perfect â€Å"V† shape, with muscles so finely sculpted, Michelangelo himself would be hard-pressed to mold a finer figure out of clay. For women, the desired look is the â€Å"hour glass† figure, with voluptuous breasts, thin and firm abs, and sharply defined legs. Of all those who desire to have

Wednesday, May 6, 2020

Literary Analysis Of The Sun Also Rises - 1355 Words

The Great War of 1914-1918 had numerous consequences: millions of people died and the world was permanently altered. One of the most significant results of World War 1 was the formation of a â€Å"lost generation.† This term, first coined by author Gertrude Stein in conversation, refers to the young post-World War 1 men who were emotionally damaged by the horrors experienced during combat and as a result aimlessly wandered through life with a depressed attitude toward the world (â€Å"The â€Å"Lost Generation† 1). Author Ernest Hemingway, who was himself a member of the Lost Generation, perfectly encaptured the post-war lifestyle of a WW1 veteran in his novel, The Sun Also Rises. The story is narrated by Jake Barnes, a newspaper writer living in Paris,†¦show more content†¦Barnes’ use of alcohol began during the war, while trying to escape the stress of the unknown threats, and continued after the war’s conclusion. By drinking, Barnes is able to forget his melancholy post-war attitude towards the world. The dependence on alcohol is a side-effect of the mental damage Barnes sustained from the war. Drinking is also how Barnes’ friend Campbell copes with his outlook on the world after the war. After discussing his fiancee, Brett, and her relationship with a bullfighter, Campbell, also a WW1 veteran, exclaims, â€Å"‘I think I’ll stay rather drunk. This is all awfully amusing, but it’s not too pleasant. It’s not too pleasant for me’† (Hemingway 205). In order to deal with the stress of having his fiancee in a relationship with a bullfighter, Campbell decides to drink. He prefers to remain in a state of intoxication because it keeps him from thinking about his relationship issues with Brett and his other problems with the world by giving him a sweet escape. Hemingway’s use of the drinking motif, especially shown through Barnes and Campbell, demonstrates how the psychologica l and emotional damage of the war has caused the Lost Generation to become dependent on alcohol in order to cope with their depressed attitude toward the world. In addition to the drinking motif, Hemingway’s writing style conveys the theme of negative views towards the world created from the emotional suffering of World War 1. ThroughoutShow MoreRelated Ernest Hemingway Essay868 Words   |  4 Pages Ernest Hemingway: A Literary Marvel â€Å"One generation passeth away, and another generation cometh; but the earth abideth forever . . . The sun also ariseth, and the sun goeth down, and hasteth to the place where he arose . . . The wind goeth toward the south, and turneth about unto the north; it whirleth about continually, and the wind returneth again according to his circuits . . . .All the rivers run into the sea; ye the sea is not full; unto the place from whence the rivers come, thither they returnRead MoreThe Great Gatsby Compared to The Sun Also Rises793 Words   |  3 Pagesmoney. As we know, people of the ‘lost generation’ were not the happiest and had quite careless lifestyles. In this novel, even though characters are not poor, still, the only meaning of life they have left is wild and free lifestyle and love. Author also did not leave out the meaningless relationships to the society and conventions. One of the main characters, Jay Gatsby, a mysterious, wealthy man living in luxurious mansion in Long Island, throwing parties almost every weekend for people he doesn’tRead MoreErnest Hemmingway: Shifting Gender Roles in The Sun Also Rises782 Words   |  3 Pagesatrocious nature of war as a Red Cross ambulance driver in the Europe during World War I aided and further influenced his literary capturing of warfare and how it had affected the â€Å"Lost Generation†. Hemingway himself popularized this term, it indicates the coming of age generation during World War I. Ashley Torres, author of â€Å"Gender Roles Shift in Ernest Hemingway’s The Sun Also Rises† claims that the â€Å"Lost Generation† mirrors the disenchanted and hopeless attitudes generated by the war. Although theRead MoreWriting Styles Of Ernest Faulkner And The Sun Also Rises By Earnest Hemingway And As I Lay Dying1528 Words   |  7 Pagesdifferent events and characters into play. T his is particularly true with the authors William Faulkner and Earnest Hemingway. Their writing styles are exponentially different, but both authors use their differing styles to their advantage. In both The Sun Also Rises by Earnest Hemingway and As I Lay Dying by William Faulkner, characters face issues such as feeling alienated and lost. The characters in As I Lay Dying deal with their issues through more complex thoughts and irrational actions, which is illustratedRead More Hemingway and Fitzgerald Essay1423 Words   |  6 PagesHemingway and Fitzgerald Ernest Hemingway and F. Scott Fitzgerald, the parties of one of the most famously infamous relationships in literary history met for the first time in late April 1925 at The Dingo Bar, a Paris hangout for the bohemian set. In his novel A Moveable Feast (published posthumously) Hemingway describes his first impressions of Fitzgerald: â€Å"The first time I ever met Scott Fitzgerald a very strange thing happened. Many strange things happened with Scott, but thisRead MoreThe Dependence On Futility : An Analysis Of Brett Ashley1004 Words   |  5 PagesShivani Kapur Mrs. Moore AP English V 18 December 2014 The Dependence on Futility: An Analysis of Brett Ashley In The Sun Also Rises, Ernest Hemingway employs metafiction to reveal the nature of World War One and its effect on individual ideals. Narrating the novel from the first person perspective of the protagonist, Jake Barnes, Hemingway clearly contrasts between fiction and reality. Although the reader has a limited perspective on the events in the novel, the lack of emotional connection betweenRead MoreAnalysis of the poem Still I Rise1268 Words   |  6 Pages2014 An Analysis of the poem Still I Rise by Maya Angelou African Americans have been oppressed for centuries. Despite this discrimination, people of this race have fought hard for their freedom and respect. This pursuit of equality is evident inMaya Angelou’s poem, â€Å"Still I Rise†. Angelou integrates numerous literary ideas such as various sounds, poetry forms, and key concepts.The poetic devices incorporated in Maya Angelou’s work, â€Å"Still I Rise†,heightens theRead MoreI Have A Dream Rhetorical Analysis1346 Words   |  6 Pagesâ€Å"I Have a Dream† Rhetorical Analysis The speech â€Å"I Have A Dream† was voiced by activist Martin Luther King Junior on the Lincoln Memorial during an era in which blacks suffered prejudice in America, a place in which whites could enjoy the land’s opportunities and freedoms but blacks could not. Martin Luther King’s speech was intended to express his present and future aspirations towards the upheaval concerning the inequality and racial injustice that the nation was experiencing however, lackingRead MoreLoving Un Truth, and Fain in Verse My Love to Show1407 Words   |  6 PagesLoving un truth,and fain in verse My love to Show Philip Sidney Analysis 1: Like other creative persons of the period, Sidney also came under the influence of sonneteering. Thus a series of sonnets addressed to a single lady, expressing and reflecting on the developing relationship between the poet and his love grew up. Though the story does not have to be literal autobiography and questions of ‘sincerity’ are hardly answered, Sidney’s love for Stella, on the artistic level, has been traced toRead MorePoem Analysis On His Coy Mistress By Andrew Marvell1319 Words   |  6 Pagesdoom of death, and hopes to transcend contemporary abilities to live forever in the love of another. While Marvell’s primary purpose in writing this piece may have been to woo a young maiden, he made a far more significant contribution to the era’s literary culture in the process. Marvell most directly addressed â€Å"To His Coy Mistress† to a woman he intended to court, as he spends a majority of the piece lamenting that he didn t have time sufficient to praise her features. In the opening stanza, Marvell

Tuesday, May 5, 2020

Whistleblowers and the False Claims Act 2012

Question: Describe about the Whistleblowers and the False Claims Act 2012 ? Answer: Key characteristics of whistleblower The whistleblowers are the range of employees present internally and externally in the organisation who takes the responsibility of reporting any misconduct of the supervisors to the other related parties. The number of whistleblowers is decreasing in the public sector organisations. Hence to increase the instances of whistleblowing and reduce the instances of fraudulent activities, the SEC has introduced the award payout system for the whistleblowers within the public sector (Welsh Bayliss, 2012). As per the reports of The Guardian, last year in April 2014, a heart specialist doctor serving at the Walsgrave Hospital in Coventry and a member of the NHS Trust, publicly aired his concerns about the lack of care and rising number of patient deaths in the hospitals. The Whistleblowing doctor expressed his concerns about the lack of post-operative care in NHS and Walsgrave and the concern over the patient safety and overcrowding of patient beds leading to death caused by congestion and breathing problems. As a result, of the Whistleblowing, the doctor was dismissed from NHS trust and hospital services (Campbell, 2014). However, as an effect of the whistleblowing, the Commission for Health Improvement and the NHS trust evaluated the existing operations in the hospitals and were bound to support the actions of the doctor. The allegations and dismissal of the hospital authorities against the doctor cost the hospital 6 million of the public fund (Meese, 2012). Justification of whistle blowing The analysis of the above case shows that the whistleblower was completely justified in his approach of highlighting the issues prevailing within the hospital premises. In the recent case of the reporting by the whistleblowing doctors, the hospital faced the death of two patients due to the lack of post-operative care and congestions of beds leading to inappropriate health conditions. In this case, the doctor was rightful in his approach to notifying the concerns publicly. As per the Patient Safety and Quality Improvement Act 2005, all hospitals should adopt care and maintain quality services in their conduct of treating the patients within the hospital premises. Kestenbaum, (2012) stated that whistleblowing is important in case of healthcare organisations because, the lack of whistleblowing within the healthcare will result in increased level of corruption that will finally result in the reduction of the dignity and health of the patients in the healthcare organisation. Thus, protec ting the patients from harm and ensuring the dignity of the care, an open and transparent culture should be maintained within the healthcare organisations. Protection under the Sarbanes-Oxley Act The Sarbanes-Oxley Act of 2002, which is commonly known as the Public Company Accounting Reform and Investor Protection Act sets out the legislations for the employees of the public limited companies who provide evidence of fraud to the public about the organisation. Section 806 of the Sarbanes-Oxley Act provides the legislations for the protection of the whistleblowers in the public limited companies. Section 1514A of the act further provides the legislations for the civil protection to the employees against their retaliations. The provisions of Section 1514A state that the publicly traded companies cannot dismiss suspend, harass, discharge or demote a whistleblower (Campbell, 2014). For being eligible under the Sarbanes-Oxley Act 2002, the whistleblowers must fulfil the following conditions: The whistleblower should be an employee of a publicly traded company registered under the section 12 of the Securities Exchange Act 1934 The whistleblower must have complained about a senior employee within the organisation believing that a violation of any rule or regulation of the SEC has taken place (Lopez, 2013) The whistleblower can also complain about the grounds of any violation of federal and criminal provisions relating to banks, emails or wire fraud Sarbanes-Oxley Act specifies that whistleblower complaints should be legally made confidential and anonymous so that the company officials should not have any information about the employee who has complained about the supervisors and organisational policies. The incorporation of this legislation further helps the whistleblowers within the organisation to avoid any mistreatments from the employers. Further section 806 of the act states that if the whistleblower is mistreated within the organisation, then the employee may file a complaint with the Department of Labour within 90 days of the mistreatment. If the complaint of the employee against the mistreatment of the organisation becomes successful under the act, then the employee is entitled to receive monetary compensations, reinstatement and damage compensation from the management of the organisation. In the given case, a doctor is also entitled to receive monetary compensation from NHS trust funds for bullying and dismissing the d octor from his services (Azlin Farhat, 2012). References Azlin, K., Farhat, V. (2012).Whistleblowers and the False Claims Act 2012. New York, NY: Practising Law Institute. Campbell, D. (2014).Whistleblowing heart doctor who aired hospital safety fears wins tribunal case.the Guardian. Retrieved 28 July 2015, from https://www.theguardian.com/society/2014/apr/17/legal-victory-heart-doctor-whistleblower-hospital-safety-fears Kestenbaum, N. (2012).Internal investigations, 2012. New York, NY: Practising Law Institute. Lopez, I. (2013).Dog Whistle Politics. Oxford University Press, USA. Meese, T. (2012). Blowing the whistle.Dental Nursing,8(3), 125-125. doi:10.12968/denn.2012.8.3.125 Mutigwe, E. (2013).An Ubuntu/Hunhu Appraisal of the Ethics of Whistle blowing. Saarbrucken: LAP LAMBERT Academic Publishing. Welsh, P., Bayliss, S. (2012). Whistle-blowing explained: to be or not to be a whistle-blower, that is the question.The Veterinary Nurse,3(2), 122-126. doi:10.12968/vetn.2012.3.2.122