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BUS315 Graded Project: Research Memorandum

Legal Environment of Business : BUS315 Graded Project: Research Memorandum

Lesson 7 Overview

To complete this project,

you’ll prepare a written

memorandum. The memo is

addressed to your

supervisor, a law partner in a

small law firm. In the

memorandum, you’ll describe

which form of business

organization you feel would be best for a new client.

7.1 Prepare a written memorandum by applying your knowledge and following the instructions Research Memorandum

READING ASSIGNMENT

Your project must be submitted as a Word document (.docx, .doc). Your project will be individually graded by your instructor and therefore may take up to five to seven days to grade. Be sure that each of your files contains the following information:

Your name Your student ID number The exam number Your email address

To submit your graded project, follow these steps:

Log in to your student portal. Click on Take Exam next to the lesson you’re working on. Find the exam number for your project at the top of the Project Upload page. Follow the instructions provided to complete your exam.

Be sure to keep a backup copy of any files you submit to the school!

Procedure

To complete this project, you’ll first do some research. Then, refer to

your textbook for review; you’ll apply the principles of business

organizations and employer-independent contractor relationships. Use

the information provided below to prepare your memorandum.

Goal

Your goal for this project is to complete a well-written memorandum to

your supervisor which addresses two legal issues:

1. The appropriate form of business organization for your client

2. What’s required to make sure your client’s independent contractor

agreement is viewed as a legally enforceable independent

contractor agreement and not as an employment agreement.

Remember not to use too much legalese in your memo. You’re writing to

your supervisor, who has knowledge of the subject matter. However,

you must completely explain what the law is for each type of business

organization you’re considering, and the reasons you’ve selected one

type of business organization as best for your client. The same complete

explanation is required when discussing the issue of your client’s

independent contractor agreement.

The Project

Memorandum

You’ll respond to the memorandum received from your supervisor.

To: Student

From: Supervisor

Re: New Client, Career Institute of America, Inc. (CIA)

Date: December 6, 20—

Facts

We’ve just met a new client, the founder and CEO of Career Institute of

America, Inc. (CIA). Although the business was formed a year ago as a

nonprofit corporation, they’re not sure they’re happy being a nonprofit.

CIA is a classroom and online education organization that specializes in

training students in the U.S. auto industry, one of this country’s largest

industries. The client would like to retain most of the ownership and

control of the company, since it is really his enterprise. He also has

some concerns about the independent contractor agreement, which

instructors must sign when they agree to work for the company. He

wants to be sure they’re viewed as true independent contractors, and

not construed as employees of the company.

Note that most of the company’s income is from online training courses.

You should also know that they received a U.S. Department of Labor

retraining grant for the instruction they’re currently providing, a type of

grant awarded only to nonprofit educational organizations. Since this

was a one-time grant, they must now make their income from tuition for

online courses and in the two small classrooms where they teach

traditional courses. This is why they’re not necessarily opposed to

changing their form of business from a nonprofit organization to a for-

profit business.

You should further know that the employment contract they provide to

their instructors looks as if it was designed by an amateur and may not

comply with the legal requirements for a valid independent contractor

agreement.

Research Assignment

Research the two areas of law described below and prepare a

memorandum addressing each area so the client can be properly

advised on how to proceed.

1. First, determine the limitations of a nonprofit corporation in the state

of Delaware, the state in which CIA was formed and is doing

business. You should also review the law for nonprofit and for-profit

corporations, as well as limited liability companies, to determine the

best form of business for the client.

Consult the listing of Delaware statutes on the Delaware state website at

http://www.corp.delaware.gov/DElaw.shtml (www.corp.delaware.gov/DEl

aw.shtml) to assist you in your research. For more general information

concerning nonprofit corporations, for-profit corporations, and limited

liability companies, the following websites can assist you:

http://www.law.cornell.edu (www.law.cornell.edu)

http://www.freeadvice.com (www.freeadvice.com)

http://www.findlaw.com (www.findlaw.com)

http://www.nolo.com/legal-encyclopedia (www.nolo.com/legal-ency

clopedia)

http://www.hg.org (www.hg.org)

Combine this information with what you know about business

organizations and what the client wants, so you can

recommend the best form of business organization for CIA at

this time.

2. The second issue concerns the contract signed by CIA instructors,

who teach the programs and grade the students’ papers.

Research employment and independent contractor agreements

using the websites listed above or on search engines such as

Google or Bing. Since the agreements will be signed by client’s

instructors located in other states, we want to use the general law

dealing with such agreements rather than state-specific. Be sure to

identify each of the key elements necessary for the agreement to

be viewed as an independent contractor agreement and not an

employment agreement, as well as any other suggestions you

might have for the client in connection with their instructor

contracts.

Here are some helpful hints:

Remember that the project requires that you use the memo

format provided and that you research both issues requested:

the most appropriate form of business organization to meet the

client’s needs and the requirements for an agent to be deemed

an independent contractor and not an employee.

First locate the law for each of the two issues.

Next, analyze the information you found and apply it to the

needs of the client.

Both your research and your analysis should then be

summarized and included in your memo.

Writing Guidelines

Prepare your answers in well-organized paragraphs, and use these

writing guidelines:

1. Type your submission double-spaced, in a standard print font of

size 12. Use a standard document format with one-inch margins.

Don’t use any fancy or cursive fonts.

2. Include the following information at the top of your submission:

Name and address, student number, course title and number, and

project number.

3. Read the assignment carefully, and address the issues suggested.

4. Be specific. Limit your submission to the topics raised.

5. Include a reference page that lists websites, journals, or any other

references used in preparing the submission. Remember, if you

use someone’s words or ideas, you must cite them directly in your

memo.

6. Proofread your work carefully. Check for correct spelling, grammar,

punctuation, and capitalization.

For this project, please use the following format for your legal

memorandum:

To:

From:

Re:

Date:

Summary of Applicable Facts:

Issues:

Law:

Analysis:

Grading Criteria

The following is a breakdown of how your project will be graded:

Excellent Good Proficient NeedsImprovement

Content (70 Points)

The student provides a clear discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing specific information from the text, assigned websites, and other sources; stays focused on the assigned issues; writes in his or her own words; and uses quotation marks to indicate direct quotations.

The student provides a discussion of the assigned topic or issue; addresses the subject in complete sentences; supports his or her opinion by citing information from the text, assigned websites, and other sources; writes in his or her own words; and uses quotation marks to indicate direct quotations.

The student provides a discussion of the assigned topic or issue; writes in his or her own words; and uses quotation marks to indicate direct quotations.

The student does not provide a discussion of the assigned topic or issue, or is too disorganized and rambling; does not write in his or her own words.

Written Com- munication (25 Points)

The student includes an introduction, analysis, and conclusion supporting his or her positions; uses correct grammar, spelling, punctuation, and sentence structure; provides clear organization; and makes sure the paper contains no typographical errors.

The student includes 2 of 3 elements needed to support his or her positions; uses mostly correct grammar, spelling, punctuation, and sentence structure; provides clear organization; and includes less than 2 typographical errors.

The student includes 1 of 3 elements needed to support his or her positions; has errors with grammar, spelling, punctuation, and sentence structure; and includes less than 5 typographical errors.

The student does not include any clear introduction, analysis, or conclusion; has many errors with grammar, spelling, punctuation, and sentence structure; and includes more than 5 typographical errors.

Format (5 Points)

The project is double- spaced and typed in size 12 font; uses the correct memorandum format provided in the instructions; and includes the student’s name, address, student number, course title and number, and assignment number.

N/A N/A

The project is incorrectly formatted using the wrong font and size; the memorandum format is not used; or does not include the required student information.