Michael T. Zugelder

Determinants of Ethical Behavior: A Study of Autosalespeople

This study proposes a model that explains the ethical behavior of automobile salespeople in terms of their ethical perception, legal perception, method of compensation (commission-based or salary-based), age, and education. The model is estimated by using five scenarios that involve ethical issues commonly found in the automobile industry and responses from 184 automobile salespeople in a mid-Atlantic metropolitan area. The findings suggest that ethical perception is the most important determinant of ethical behavior. Also, method of compensation is a major determinant in four of five scenarios, and legal perception in two out of five scenarios. However, age and education are not significantly related to ethical behavior. A discussion of the results, limitations, and implications is presented for managers.

Legal issues associated with international Internet marketing

Marketing organizations are establishing Websites at an unprecedented rate. Despite this rapid growth, many firms are developing Websites with an inadequate understanding of the domestic and international legal issues associated with having a presence on the Internet. This lack of knowledge can result in firms facing expensive and time‐consuming litigation. We therefore present the major legal issues that may arise as a result of creating, maintaining, and protecting Websites. In particular, we discuss and provide managerial recommendations regarding consumer protection, defamation and disparagement, intellectual property violations, and jurisdictional issues for international Internet marketers.

Trade secret management in high technology ☆: A legal review and research agenda

Abstract Given the importance of trade secrets to the success of high technology employers and the concurrent responsibility of managers for their protection, the present article reviews the existing trade secret legal environment to identify important issues and principles to guide high tech managers in meeting their responsibility. Based on this review, organizational and human resource management research issues are posed to suggest an agenda for investigating the impact of trade secret law on individual firms, innovation processes in the high technology sector, and the ability to attract and retain knowledge workers engaged in trade secret sensitive jobs.

Evaluating Pay-for-Performance Systems: Critical Issues for Implementation

Most organizations use a merit pay or pay-for-performance system (PFP) to improve employee performance. Despite its popularity, a PFP system can be difficult to implement. Success depends on several issues. These include adequate funding, suitable job characteristics, and appropriate performance feedback. Moreover, even under the best circumstances, PFP systems may cause unintended consequences such as dysfunctional behavior, unethical conduct and even employment discrimination. Still, when the critical issues for proper implementation are appropriately addressed, a PFP system is and should continue to be a successful management tool to enhance employee performance in the workplace.

Small business and the Americans with disabilities act

Abstract This is the third in a series of BH articles featuring various aspects and implications of the Americans with Disabilities Act. In the November–December 1996 issue, William Roth and Richard Morfopoulos focused on job analysis and the ADA, while Philip C. Grant discussed definitions of essential and marginal job functions in our March–April 1997 issue.

Balancing Civil Rights With Safety at Work: Workplace Violence and the ADA

Workplace violence has become an increasingly common occurrence in recent years. During the years 1992–1996, there were over 5,000 job-related homicides in the United States, and in 1996 alone there were 1,364 nonfatal assaults committed by coworkers or former coworkers. Although it would be both inaccurate and inappropriate to suggest that these acts have generally been committed by persons suffering from severe emotional and mental disorders, this is clearly one of the possible explanations. In light of these facts and given the recent Equal Employment Opportunity Commissions Guidance on the Americans with Disabilities Act and Psychiatric Disabilities, the obligations and prerogatives of employers in terms of hiring and posthiring actions need to be discussed. This paper examines the legal issues, the EEOCs Guidance, and offers specific suggestions for developing an effective hiring process, as well as methods to use when dealing with current employees who pose a threat of violence because of mental and emotional disorders.

Emerging Jurisdictional Issues in Online Marketing

Jurisdiction entails the power of a court to hear a given case and to require that businesses and/or individuals try the case before the court and face its judgment. This paper examines online jurisdictional issues to help marketers avoid problems that can arise from jurisdictional exposure.

Valuation of Spouse and Survivor Benefits In a Defined Benefit Retirement Plan

A search of the forensic economic literature fails to disclose any discussion of the proper methodology for valuing the loss of survivor benefits in a defined benefit retirement plan when a wrongful death event occurs. A first approximation, which might be used to calculate a widows loss of retirement benefits resulting from the wrongful death of her spouse, is the retirees benefit payments minus his personal consumption (or maintenance allowance) minus the widows survivor benefit, if there is one. Economic analysis reveals that while the actual payment to the retiree includes the spouses benefit if the retiree does survive, it fails to include the spouses expected survivor benefit in the event that the retiree does not survive. This omitted benefit is significant and should be included in valuing the spouses expected benefit from the total retirement plan and the widows loss. Legal analysis reveals that the widows benefit is essentially the same as proceeds from privately purchased life insurance, which in common law would be considered a collateral source and protected from disclosure at trial or offset against an award. However, tort reform efforts over the past 30 years have led many states to modify or even repeal the traditional collateral source rules. Therefore, the widows benefit may or may not be considered in valuing the loss of retirement, depending on the jurisdiction, the cause of death (e.g., medical malpractice), and even the interpretation of the collateral source rules by the trial judge. If it is determined that the collateral source rule excludes introduction of the survivor benefit, a reasonable alternative for the plaintiff would be to claim the loss as the retirees gross benefit minus his personal consumption weighted by the joint probability of survival.

Jurisdictional Issues for Electronic Marketing

ABSTRACT As the Internet continues to grow as an important marketing channel, the laws governing this medium require attention. Once a website goes “live,” a continuous presence is established anywhere a consumer can access the Internet and the possibility arises of being sued in a remote state or foreign country. Jurisdiction entails the power of a court to hear a given case and to require that businesses and/or individuals try the case before the court and face its judgment. An understanding of online jurisdictional issues can help marketers protect their online interests and avoid costly lawsuits. This paper considers the current body of law about jurisdiction to better understand how it may impact online business and marketing practices. Suggestions are offered to help online marketers prevent problems that can arise from jurisdictional exposure.