Dis 1 Responses What to do
Review the initial posts made by your peers, and note whether the responses relied upon a different section of the Constitution or amendment than your response.
If your peer chose to focus on a different section of the Constitution or amendment than you did, discuss how that section of the Constitution relates to any example of a business situation from your professional life (past, present, or future).
If your peer chose to focus on the same section of the Constitution or amendment that you did, then compare and contrast the different applications of that section of the amendment to your respective examples from your own professional lives.
Suggest analytical differences that could lead to different outcomes. Point out ways in which the Constitution or its amendments might limit or protect business that your peer did not already identify.
Res 1
LW
The First Amendment to the United States Constitution in simple terms protects freedom of press, religion and, speech. Formally identifiable in the constitution the First Amendment states; Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances (U.S. Const. amend. I
Freedom of speech and press have direct correlation with limiting and protecting business in legal matters and also production matters. Business and different corporations have in the recent years relied heavily on the influence of press and speech. Corporations in modern society now have heavy influence on our day to day lives and even can influence legislation or culture. This because the driving enforcer of a business is the freedom of expression, 1st amendment. To put this into perspective, Facebook and Amazon are both business corporations. These corporations, whether we believe it or not have a heavy influence on the average Americans day to day life. Presently I have an event decoration business that freedom of press protects me to market wherever I would wish.
R2
ZG
The first amendment protects individuals and business. There is a freedom to express themselves and their beliefs, as long as it is not discrimination. There are separate laws against discrimination. Today, I learned that the first amendment does not protect or apply to employees working for private or small businesses. As long as there isnt any discrimination, the employees is able to terminate or have causes for action plan for an employee due to inappropriate speech. Employees not in private companies are covered under the amendment. An employer can terminate an employee in the private space due to violations or speaking inappropriately .
America is a melting pot of wonderful culture and diversity. Personally, I believe that everyone has the right to their own beliefs, opinions , religion, and way of life. Everyone should be kind, treat others with respect, and focus on their own life. In the world that we live in today, it seems like a huge concept. There are challenges , obstacles, and issues that arise among people. A lot of people choose not to speak about certain things at work, they dont like to mix business and personal. Some people believe that their opinions might be used later on against them, this is more of an unethical thing to do. But, humans make judgements. Is the employee being punished or treated differently for expressing thoughts based on religion ? Under the amendment, people are protected. People are protected if they have any safety or compliance concerns. In addition, if there is any sexual or any other form of harassment. They are and should take steps to report.
Describe an example of how the section of the Constitution or its amendment that you have chosen could be applied to your professional life (past, present, or future).
The private sector should have a little more protection for the business and its employees. Previously, I worked for a huge specialty pharmacy and currently for a pharma company. Both corporations are protective and supportive to their employees. The last year has been an adjustment for the whole world. COVID has impacted countless lives. In addition, there have been a lot of other events in the country in the last year. There were a lot of tough times, tough conversations for a lot of people join their personal lives. I mention this because my company had calls on diversity and calls to check in with the national teams. They made it a safe place to support and start conversations that employees might want to have. Our company is international, a lot of diversity in all of the teams. It is nice that there can be a lot of peaceful conversations. There were some people that thought there were a lot of diversity conversations and they felt left out. But there were a lot of people who were supported and heard. I hope my post makes sense, I tried to relate the protection of speech and race to current events. Thank you all for a great first week.
Discussion 2 res what to do
Address students who made the same choice that you did regarding whether to choose the LLC as the organizational form for their business. Using the information from the course textbook and the article, play the role of devils advocate and argue why some other type of entity (C corporation, S corporation, or LLC) would be a better choice.
R1
Joy,
It’s an interesting concept that forming a limited liability company makes setting up a business easier, such as less paperwork, fewer restrictions and requirements and just the creation of the LLC, but isn’t setting up a sole proprietorship business even easier? What are/is the main reason(s) an LLC is more desirable than a sole proprietorship?
You held that you would choose an S Corporation because an LLC due to the benefit of paying myself wages and get a cut of profits that I cannot perform with a Limited Liability Company. I will not choose [an] LLC because there is limited access to these benefits. Can you expand, with support, as to why you cant get wages and profits from an LLC?
There are different types of membership allowed within an S Corporation as compared to a C Corporation. Can you expound on the differences between the two types of corporations? What is your analysis as to why these differences are in place with these corporation entities?
I look forward to your response.
Kim
R2 RT
When an LLC is established, it is viewed as a separate business owner from the individual owners. There are many routes a business owner can choose from and one popular option that many choose is the LLC. According to Taulli (2016), LLC is traded as a pass-through entity that is the profits and losses go directly to the owners. This is stated to make preparing a tax return easier for a single member. Another benefit to the LLC that makes it popular is the limited liability protection for personal assets and the ability to elect to be taxed as a C-corporation or an S-corporation. The S-corporation for small businesses may not have more than 100 shareholders, compared to the C-corporation that has an unlimited number of shareholders, both domestic and foreign (Seaquist, 2012). For most states, for an LLC, you just need to pay a fee, file the articles of the organization, which can be done online, and this process makes it easier for individuals to access. If I were operating a small business, I would choose the LLC over the C or S corporation. The reason behind my choice is personal asset protection; as others may have but unlike the S-corp, Im not bound to 100 shareholders. The benefit of being a separate business entity is that for some reason I end up in legal trouble or sued, the collector or plaintiff can only go after my business assets provides good protection. I also would have the choice to elect to be taxed as a C or S corporation.
During the uprising of a business, it is critical to determine the type of business/entity license that will be critical to the success of the business. There are many entrepreneurial spirits in our country which aspire to calculate towards a business that is profitable by any means. However, at certain points, it can be to the detriment of the business depending on the need or future trajectory of the original companies game plan.
AM
It would be my estimation that it would be more profitable and beneficial for a small business owner to execute on the limitations of an LLC. Meaning they would obtain a Limited Liability company license, as it is one of the most popular business entities because of its flexibility in business structure and the ability to protect ones personal assets.
With an LLC (Limited Liability Company) it would be a more popular business decision due to the fact that it has a less rigid structure in taxation and political elements as it pertains to disbursements. For instance, an LLC would not have a large quantity of stakeholders or a board of directors which would directly impact the success of an organizational launch. Much of the alternative, C-corporation or S-corporation, larger corporations will experience the slowdown of the corporative opinion versus being able to move forward and execute effectively for a smaller business.
However, the above is to not to previously state that an LLC is not a viable option for a larger progressive movement. In any instance, take the current medicinal vaccination being disposed to the states for COVID-19. It is a widely prosecuted and publicized entity that has taken shape in the medical field. Due to its sensitivity and situation, this is not an entity that would benefit from staying in the realms of an LLC and would need to be/is a larger corporate dynamic of execution.
