Discuss about the Strategic Informational Management.
The main problem associated with the TLR Software Company is the retention of their employees. Being the CEO of the company the researcher must take appropriate steps to penalize the employee as he has willingly breached the contract of employment. Being one of the ex employee of the company Mr James should not have been breached the contract purposely. Being the CEO the researcher can take help of a lawyer and sue Mr. James for fraudulent behavior and breaching of employment contract because not only Mr. James has breached the employment contract but also opted to join other organization. The TLR Company has taken various initiatives to fulfill all the demands of Mr. James, despite all their efforts Mr. James still left the organization just after two days of signing the contract. This signifies that Mr. James has received a hike in remuneration from other companies and decided in leaving the TLR Company despite being in a valid employment contract. The first and foremost step the CEO must take is that to follow proper legal actions against Mr. James and hire notable lawyers to assist them in this situation.
Breach of employment contract is defined as the broken contract between the employer and the employee without any justifiable reason and lawful excuse. Contract breaches leads to failure of business goals and objectives that leads to wastage of money and valuable time.
In this case study the researcher must take legal proceedings against Mr. James. The legal actions are as follows:
Choosing the correct court: The first step the CEO needs to follow before filing any complaint against Mr. James is to identify the right court to appeal. The CEO needs to consult with its lawyer to determine which court is the most appropriate in this case and choose them accordingly.
Providing Notice of Lawsuit: The next step is to provide notice of lawsuit to the employee breaching the contract. In any lawsuit, there is a specific rule that required providing other party with advance notice of the lawsuit and giving them adequate amount of time to respond. This is generally known as ‘serving’ the defendant.
Filing the Complaint Form: This step includes filing up a complaint form that the CEO will file with the court. It is mandatory to fill the document in writing before suing any person for the breach of contract. The complaint form may be hand written or typed according to type of court paper the lawyer is providing. The complaint form includes the name and address of the person in the contract. The description of the contract must be mentioned properly and how the defendant has violated the contract and the various damages the organization is suffering from it. It also consists of the amount of money the CEO will recover from Mr. James to recover all the losses caused by him.
Awaiting Summons: After the filing of complaint the court will issue a summon that consist of the file number of the lawsuit, names of both the parties and instructions to the defendant on responding to the summons.
Preparing for the hearing: There are many activities involved between filing of the lawsuit and attending the hearing. In this time, the CEO must consult with the lawyer and acquire information regarding the case. Making copies of the contract and preparing witnesses for the case is done by the lawyer to address the hearing properly.
Attending the hearing: After an adequate preparation for the hearing, the CEO needs to attend the hearing and discuss all the major losses the organization is suffering for Mr. James and ask the attorney to claim for damages.
The CEO will provide adequate measures to prove that Mr. James is guilty, the termination of contract will lead Mr. James towards legal proceedings, he will be charged with penalties, and he needs to settle all the damages claimed by the company.
The CEO needs to apply proper employee retaining strategy to minimize the reoccurrences of this situation. The CEO must take adequate measure before selecting any employee and providing training to them. Such as taking assurance of the employee that, he/she will complete the tasks mentioned by the employer on time and respect the organization contract accordingly. Gathering sufficient amount of information about the candidate and monitoring his work history respectively. That will provide a clear can concise idea about the behavior and character of the individual. True and fair view of employment contract must be specific to both the employer and the employee. Moreover, the agreement must be signed by both the parties with free consent, the conditions prevailing in the contract must be reasonable and the contract must provide adequate measures to safeguard the interest of the employee.
The TLR Company will have an adverse effect on this situation as the company was facing a huge loop as their lead developer resigned. Moreover, the company was recruiting and training new members for Mr. James the new lead developer of the company. After the breach of contract by Mr. James, the company is facing tremendous failure such as:
Decreasing performance: After this incident, the TLR Company is facing decrease in employee performance as they are lacking motivation from the employer and the situation of the organization is in panic. There is a huge workload in the organization but due to unrest in the organization culture the efficiency of the employees are being lowered and the productivity of the firm is facing extinction.
Increasing Costs: The major impact of the current situation is increasing high cost of the TLR Company. As one of the employees leave there is always an additional cost related to recruitment and training. However, in this case Mr. James left the company after all the demands of his was taken care of by the CEO that includes loss of money and time.
There are many consequences the software publishers are facing such as the sale of original software are getting lowered and most of the people are purchasing counterfeit software as they are available at a cheap price considered to the original ones. Most of the people do not have the skills and expertise to acknowledge the difference between the original and counterfeit software that leads increasing the sale of counterfeit software and original software publisher are facing huge trouble in conducting their business. There are also adverse impacts of counterfeit software on the end users they are as follow:
Crashes: Most of the counterfeit software is prone to crashes as they are fake in nature that crashes suddenly while installation and the user cannot claim or complain because it is a defective purchase and the software company does not liable for this type of crashes.
Bugs: Counterfeit software generally consists of lots of bugs, which remove automatically other programs that were previously installed in the system. In addition, updating of software is not valid in the case of counterfeit software.
Virus: All the counterfeit Software is downloaded from the internet, and piracy always leads to downloading of Trojan and spyware. By using this software, the users are prone towards computer viruses which results in data loss, theft of confidential data and poor efficiency of the system.
There are generally two types of business risks associated with using of counterfeit software in a business organization they are as follows:
Operational and Technical Risks: With the use of pirated software there is always a risk associated to loss of data damage as the counterfeit software does not provide security patches in the software and the system is vulnerable to security breaches. Lack of technical support is faced while using counterfeit software, as they do not provide upgrading option. The reputation of the organization is also being criticized, as the employee’s wants proper infrastructure in the organization.
Financial Risks: While purchasing software the user become the owner of the copyright. Moreover, they are liable to copyright license with the right to use the software under certain predetermined conditions and copying, distributing and installing software other than the prescribed methods the users are breaking the law. In most of the cases, organizations are caught using counterfeit software that leads to paying substantial damages and legal costs. Huge fines are been charged by the law enforcement data protection bodies leaving the business open to major financial penalties.
If the employee of the organization installed counterfeit software in the organization without letting the employer know, he/she will defiantly be found responsible for this behavior. Being the manager of the company, it is necessary for an individual to rectify all the defects in the operational system of the organization. If an employee is using counterfeit software in doing daily job, he/she is risking the whole organization to data loss and tampering. As an employee represents the business, it is necessary for the manager to take adequate step to know what their employees are doing and take appropriate action in solving if there are any problems. If the employee is using a counterfeit software and he/she undergoes a huge amount of data loss the management will question both the manager and the employee and the manager will be found guilty for not doing his/her work effectively and there is lack of effectiveness in the role of manager. The researcher thinks the employer is very liable for this action of the employee.
The researcher agrees with the statement about the software policy because all the included points are true and many software publishers are facing problems from software policy. The software industry major threat is piracy, which imitates parallel software, and the importance of the original software is degraded. Due to counterfeit software, the software publishers are facing huge losses over potential profits, the research and development of software are being harassed and the innovation of new generation software is being compromised.
Yes, the Oman Government has the ability to go after the software pirates, with implementing new laws to punish anyone who is contributing in software privacy and making the people aware more about pirated software and their consequences. Critically analyzing the appearances of counterfeit software and providing the customers adequate information to identify them.
References:
Chan, Ricky YK, Katherine HY Ma, and Y. H. Wong. “The software piracy decision-making process of Chinese computer users.” The Information Society 29.4 (2013): 203-218.
Driouchi, Ahmed, Mingzhu Wang, and Tarik Driouchi. “Determinants of software piracy under risk aversion: a model with empirical evidence.” European Journal of Information Systems 24.5 (2015): 519-530.
Gantz, J., et al. “The Dangerous World of Counterfeit and Pirated Software How Pirated Software Can Compromise the Cybersecurity of Consumers, Enterprises, and Nations… and the Resultant Costs in Time and Money. External Publication of IDC Information and Data.” (2013).
Issa, Mustafa Rashid. “Damages and Compensation in Case of Breach of Contract.” International Journal of Social Science Research 3.1 (2015): 190-201.
Jacobi, Osnat, and Avi Weiss. “The effect of time on default remedies for breach of contract.” International Review of Law and Economics 35 (2013): 13-25.
Jones, Capers. “Minimizing the Risk of Litigation: Problems Noted in Breach of Contract Litigation.” Software Quality Professional 17.1 (2014).
Kim, Yesol, et al. “Machine learning-based software classification scheme for efficient program similarity analysis.” Proceedings of the 2015 Conference on research in adaptive and convergent systems. ACM, 2015.
Li, Hong. “ANTI-COUNTERFEIT METHOD FOR A SELF-SERVING RETAIL WEBSITE.” U.S. Patent No. 20,160,104,192. 14 Apr. 2016.
Markovits, Daniel, and Alan Schwartz. “(In) Efficient Breach of Contract.” (2016).
McKendrick, Ewan. Contract law: text, cases, and materials. Oxford University Press (UK), 2014.
Mowday, Richard T., Lyman W. Porter, and Richard M. Steers. Employee—organization linkages: The psychology of commitment, absenteeism, and turnover. Academic press, 2013.
Sablynski, Chris J. “Job embeddedness and enthusiastic stayers: Management consulting strategies for employee retention.” Academy of Management Proceedings. Vol. 2014. No. 1. Academy of Management, 2014.
Saltan, Andrey, et al. “A Dynamic Pricing Model for Software Products Incorporating Human Experiences.” International Conference of Software Business. Springer International Publishing, 2016.
Stone-Gross, Brett, et al. “The underground economy of fake antivirus software.” Economics of Information Security and Privacy III. Springer New York, 2013. 55-78.
Tangthong, Sorasak, Jirasek Trimetsoontorn, and Nutthawut Rojniruntikul. “HRM Practices and Employee Retention in Thailand–A Literature Review.” International Journal of Trade, Economics and Finance 5.2 (2014): 162.
Yoo, Chul-Woo, et al. “The effect of deterrence policy in software piracy cross-cultural analysis between Korea and Vietnam.” Information Development 30.4 (2014): 342-357.
Essay Writing Service Features
Our Experience
No matter how complex your assignment is, we can find the right professional for your specific task. Contact Essay is an essay writing company that hires only the smartest minds to help you with your projects. Our expertise allows us to provide students with high-quality academic writing, editing & proofreading services.
Free Features
Free revision policy
$10Free bibliography & reference
$8Free title page
$8Free formatting
$8How Our Essay Writing Service Works
First, you will need to complete an order form. It's not difficult but, in case there is anything you find not to be clear, you may always call us so that we can guide you through it. On the order form, you will need to include some basic information concerning your order: subject, topic, number of pages, etc. We also encourage our clients to upload any relevant information or sources that will help.
Complete the order form
Once we have all the information and instructions that we need, we select the most suitable writer for your assignment. While everything seems to be clear, the writer, who has complete knowledge of the subject, may need clarification from you. It is at that point that you would receive a call or email from us.
Writer’s assignment
As soon as the writer has finished, it will be delivered both to the website and to your email address so that you will not miss it. If your deadline is close at hand, we will place a call to you to make sure that you receive the paper on time.
Completing the order and download