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HERE IS QUESTION 4 TO REFER TO

Advise Shania on which of the interested persons she should include in  her business, why, and in what role(s). If she chooses not to take in a  particular party, what reasoning should she give each person, if any?  Your analysis must include biblical perspectives, such as biblical  considerations of marriage and of business relationships with  non-believers.

 

Reply Prompt:

In preparing your replies, consider only the employee issues in  Question 4. Reply to the threads of 2 classmates who reached a different  conclusion than you did. Identify the points of difference in your  analyses and explain how your application of the relevant law to the  facts of this situation led you to a different conclusion.

Then,  assume that Shania opened her coffeehouse and became so successful that  she has 20 employees and needs to promote 1 of them to be the night  shift supervisor. The employee base is quite diverse; in fact, Shania  believes she should promote a racial or ethnic minority employee to  demonstrate how inclusive her business has become. Explore the legal,  ethical, and biblical issues if Shania makes her promotion decision  entirely on that basis. What are her options?

Each reply must be  supported by 3 scholarly sources, other than the textbook/course  materials. Each reply must be properly cited in current APA format.

Review  the Assignment Instructions for Discussion Board Forums, noting  especially requirements for word counts, scholarly sources, and biblical  worldview integration.

Submit your replies by 11:59 p.m. (ET) on Friday.

REPLY 1

SAMANTHA

Willenbring
DB 3

DB 3  Collapse

Discussion Board 3

Advise  Shania on which of the business forms under consideration best  accomplishes her business goals.  Thoroughly explain the reasons for  your recommendation.

Shania’s  business goal is to open a Christian coffeehouse near Denver Colorado.   Shania is considering several options, some of which are a few  franchise opportunities in which some would require her to adopt the  franchise name and trade dress and others would only require her to move  into a turn-key facility and agree to purchase a certain volume of  product every month for a period of at least 10 years.  Both franchise  options offer training for her and any staff she was to hire. Shania is  also considering organizing her business as a sole proprietorship, a  partnership, a corporation, an LLC, or even a joint venture.

A  sole proprietorship is perhaps not the best option since Shania would  be solely reliable for the business and anything that would happen in  the business.  “You are personally liable for any contracts, debts,  losses, and any other obligations associated with the business:  (Kubasek, Browne, Barkacs, Herron, & Dhooge, 2016, 462).  A  partnership doesn’t make much sense for Shania either because there  really aren’t any good candidates for her to form a partnership with.   That is, unless her husband Marvin would consider becoming a silent  partner.  Also, the coffeehouse seems more of a small business than a  corporation, so forming a corporation from the very beginning doesn’t  make much sense.  Additionally, for the same reasons as a partnership, a  joint venture doesn’t seem like the best option for Shania.

Shania’s  best options are to open a franchise or a limited liability company.   The idea of a franchise many seem like the best option since they offer  training and help with many of the aspects that Shania may be worried  about.  However, a franchise would not fulfil the goal of having her own  Christian based coffeehouse.  The best option for Shania is to form a  limited liability company (LLC).  This is an “unincorporated from of  business organization that many people see as combining the most  advantageous features of partnerships and corporations” (Kubasek et al.,  2016, p 469).

Advise  Shania on whether her company should become a franchise or should open  as an independent coffeehouse.  Explain your recommendation.

I  would advise Shania to open as an independent coffeehouse.  Independent  owners “are able to monitor their resources and revenues themselves”  whereas a franchisee would have to go through a management team  (Franchise & Independent, 2010, para 3).  This makes an “impact on  the bottom-line, especially during times of slow growth and movement”  (Franchise & Independent, 2010, para 3).  Additionally, it was found  that independent owners “understand the customer’s pulse better as they  establish a kinship with them” (Franchise & Independent, 2010, para  4).  This would certainly be an advantage for Shania since she wants to  open a Christian coffeehouse.  As a Christian she will know better than  anyone how her coffeehouse should do business.

Perform  a corporate name search on this website to determine if the name Shania  is considering is available for use in the State of Colorado.  Also  assess whether the name is available as trademark.  Even if the name is  available, advise Shania on whether it is a good choice.  Explain why or  why not.

“The Gathering Place” is the name Shania is considering for her  coffeehouse.  Upon research, the name “The Gathering Place” is not a  trade name or registered as a trademark.  However, “The Gathering Place”  is a corporation and is at least part name of several different  companies.  For this reason, Shania should look into other names.   Perhaps names with a stronger Christian meaning connotation.  Shania’s  coffeehouse should stand out among others as a Christian business and  this starts with the company’s name.

Advise  Shania on which of the interested persons she should include in her  business, why, and in what role(s).  If she chooses not to take in a  particular party, what reasoning should she give each person, if any?   Your analysis must include biblical perspectives, such as biblical  considerations of marriage and of business relationships with  non-believers.

The first person that has shown interest in Shania’s business is her  husband Marvin.  Marvin would like to make a contribution of capital to  the business but does not want to participate in any of the business  operations of the coffeehouse.  This would be good for Shania, since as a  new small business owner, she could use as much capital assistance as  she could find.  Additionally, even though it is not stated, one would  assume that her husband is a Christian as well, meaning his beliefs  would align with Shania’s.

Shania’s  sister, Kelsey is a new Christian and has expressed interest in the  coffeehouse because she has been looking for a reason to get out of the  house, since she is a stay at home mom of two children.  While Kelsey  falls in line with Shania’s ideal employee because she is a Christian,  there is one major problem.  Kelsey’s husband does not want her to get  involved with the business.  As we know, the Bible tells us how sacred  marriage is and that the importance of wives submitting to their  husbands.  “Wives submit yourselves to your own husbands as you do to  the Lord.  For the husband is the head of the wife as Christ is the head  of the church, his body, of which he is the Savior.  Now as the church  submits to Christ, so also wives should submit to their husbands in  everything” (Ephesians 5:22-24, New International Version).  Since  Kelsey’s husband does not want her to get involved in the business,  Kelsey should not be considered as a possible option.

Another  possible person for Shania to consider including in her business is her  neighbor, Carlos, a non-Christian.  When considering going into  business with non-believers, Shania should look to the Bible for  guidance.  Paul writes, “do not be yoked together with unbelievers.  For  what do righteousness and wickedness have in common?  Or what  fellowship can light have with darkness?” (2 Corinthians 6:14, New  International Version).  “The underlying principle here is that whenever  a relationship, be it personal or business, is such that a believer’s  testimony to Christ’s goodness and faithfulness could be harmed,  damaged, or comprosmised, then that relationship should be avoided”  (Business Partnerships, 2017, para 1).  The fact that Carolos thinks the  “Christian thing” has potential is a huge red flag for Shania to  consider.  Additionally, “a recent trend has been for employers to  consider employee’s lifestyles when deciding whether to hire or retain  them” (Kubasek et al., 2016, p 550).  Since, Shania wants to open a  Christian coffeehouse, her business success will have a lot to do with  the overall morals, integrity and beliefs of her employees since they  will be a direct reflection of the her and the coffeehouse.

Finally,  “more than any other factors, the commitment to and the practice of a  religious faith are strong determinants of personal values” which in  turn “provides the background for ethical evaluation and influences both  attitude and behavior” (Wong, 2008, p 171).  With this in mind, Shania  should really choose her employees wisely and not just because they are  family, a friend, or neighbor.  She should also discuss the reasons why  she does not want them to participate in the business.  For Kelsey, she  should discus the implications of marriage and what it should mean to  her.  For Carlos, she should just let him know that since his beliefs do  not align with hers, she cannot take the chance of the possible  negative effects to her and her business.

References

Business Partnerships between Christians and Non-Christians. (2017). Focus on the Family. 

Retrieved from https://www.focusonthefamily.com/family-q-and-a/life-challenges/business-partnerships-between-christians-and-non-christians

Franchise & Independent Retail – Learnings from Success Stories” Regional Retailers Conclave.

(2010). Business of Fashion.  Retrieved from  http://go.galegroup.com.ezproxy.liberty.edu/ps/i.do?p=BIC&u=vic_liberty&id=GALE%7CA224496680&v=2.1&it=r&sid=summon#

Kubasek N. K., Browne, M.N., Barkacs, L., Herron, D., & Dhooge, L. (2016). Biblical

worldview edition of dynamic business law. N. J. Kippenhan (Ed). New York, NY: McGraw Hill Education

Wong, H. M. (2008). Religiousness, love of money, and ethical attitudes of Malaysian

evangelical christians in business. Journal of Business Ethics, 81(1), 169-191. doi: 10.1007/s10551-007-9487-0

REPLY 2

 

Donald M. Schmidt

Liberty University

Abstract

Starting a business is a tricky, complicated, stressful and the most adventurous thing one person can seek after in life.  Our friend Shania is on a mission to start her own Christian Coffeehouse in hopes to make her mark in the local community.  She  faces challenges of starting up with opposing views from her husband,  staffing the coffeehouse, deciding to go franchise or independent, and  if she should go sole proprietorship.  Through  this journey we will review and analyze her way forward comparing and  contrasting the goals and decisions that lay in front of Shania. Some of  the most important decisions will be her approach with like-minded  coworkers and coworkers whom are non-believers and what roles and  conflicts they may play in the coffee house. Overall Shania will have to  choose what her mission statement will be and have that be her guidance  heading into this venture.  This will be a fun ride of contracts and compare between religious and moral convictions and avoiding illegal discrimination.

Starting and Naming a Business for Shania Jackson

The beginning of opening a business is heavy and critical when making decisions on location, name, staffing, and funding.  During  the research of opening a business you will see opportunities to go  franchise or go independent, a very hard thing to compare and contrast  over.  Staffing is difficult because what image is going to reflect you and what are you ok with?  Who do you hire and who do you deny?  All  these decisions will reflect your brand and image in the community and  will either lead to buy in or rejection depending on the local market  and influence.  Calling the  Christian Coffee house “The Gathering Place” will be researched to see  if it’s an original name for the location or not as well.

The Gathering Place

Shania  would like to call the Christian Coffee house “The Gathering Place”.  That is great she has a name in mind but we need to ensure we have a  name not already in use.  Using  the Secretary of State Colorado website, we can see that the name “The  Gathering Place” is used but nothing is on there for a coffee house.  Although there is a Church called “The Gathering Place” and it’s a trade name.  The  Church there is a refuge for woman, children, and transgenders so if  this is going to be a conflict with religious beliefs about gender the  name will or may cause some conflict of a coffee house with the same  name.  How will the community  look at a coffee house with the same name of a Church with a refuge for  transgenders? The general view of Christians and Transgenders is  captured in this phrase The  Christian worldview is one that acknowledges that creation has been  disrupted and is not the way it once was, nor how it will eventually be  in the New Creation (Genesis 3; Romans 8; Revelation 21). No part of our  existence in the universe has been left undisturbed by sin’s  effects. (Walker, 2017)The general rule for opening a business is to  make a name that is not normally shared to avoid any intellectual  property issues along with misunderstandings on what your business  stands for.  In contrast to  this idea since Shania is a mature Christian she may not want to back  down from this name and may want to call the coffee house this based  solely on her strong religious beliefs.  If  her moral and religious convictions are that strong she should call her  coffee house “The Gathering Place” and have it support all walks of  life as refuge of good coffee and a relaxing environment.

Franchise or not to Franchise?

To leap into a franchise to stay independent and grow your business other ways is a difficult decision.  According  to CEO Mark Siebert of iFranchise Group “There is little difference  between establishing a good franchise program and establishing a good  dealer program”. (Daley, 2016)  The problem with a franchise is the “increased control” that will be in place in other locations.  A  question to ask if this coffee will reflect Christian views and have a  Christian vibe to it how will it do in other locations that do not have a  Christian view? (Daley, 2016)Shania Jackson seems that she is looking  to open a coffee shop locally with some of her friends and a franchise  might be above her head.  She  may want to open up a LLC and use the name “The Gathering Place” first  and establishes some experience if after such time she wants to venture  out she may consider some different names and then she can use her LLC  as collateral for the Franchise rather than her house or other liability  items that means she could lose if the franchise fails.  Another reason to keep it simple is the lack of support and potential conflict from her spouse.  Marvin  her spouse is open to provide contribution of capital to the business  but is also a non-believer and believes his wife should be home raising  their two kids. This conflict can cause issues in the beginning and  during the operations of the business, or in another view point she can  get it started and if successful hire a manager to run the coffee house  while she raises the children.  Most  importantly there is some issues that are not laid to rest yet that can  potentially become an issue in the future, therefore a local shop for  now is a better idea than a franchise at the current moment.

Whom to hire and whom not to hire?

Another part of a difficult decision for Shaina Jackson is whom to hire.  Lets look at a few of her considerations.  First  up is her sister Kelsey, she shares the same Christian values even  though she is new she is onboard with the same values and share the same  views towards the business.  The  other consideration is Carlos who is a non-believer but wants to make  money and believes the coffee shop will be a good idea in a local market  with many churches and Christian values.  Carlos  uses an example of the Mormon church, which is comical since don’t  drink coffee or caffeine, however Mormons do classify themselves with  Christians in fact they “unequivocally affirm themselves to be Christians”. (n.a  LDS.org). Shania should hire both Carlos and her sister Kelsey based on  Agency between her as the business owner and the employees.

In  an agency relationship, “the agent is authorized to act for and behalf  of the principal who hires the agent to represent the principles  interest” (Kippenhan, 2017)  In  other words Shania will have both Kelsey and Carlson serving coffee and  provide excellent customer service in a local coffee shop with  Christian values. Carlos doesn’t seem as if he will have a hard time as  long as he is being paid another point is this will be a contractual  relationship so Carlos will be required to keep up his part of the duty  to be paid. (Kippenhan,  2017) Its important to remember the third party will be the customers  and if the customers are happy then the principal and agent will fulfill  the contractual obligations and be able to carry out the duties  entrusted in both parties these will encompassed the duty of loyalty and  care.  The ideal agency  “partner is as plugged into the brand, market, and community” as the  Owner, you want them to update you on the market not the other way  around. (Parisi, 2018)

Biblical World View.

Heading back to the fact Shania is a mature Christian she will have a world view of Christian values in her business.  First of which she will consider is hiring like-minded people like her sister.  In 2 Corinthians it states “Do not be yoked together with unbelievers.  For what do righteousness and wickedness have in common? Or what fellowship can light have darkness?  (2  Corinthians 6:14). Shania will or may use this scripture to help her  guide here through the process of hiring more people and she may have  success in a local market with a high Christian market, but going back  to a possible franchise this approach may have to change or become more  leant when dealing with other locations with the franchise.  Remember  more controls on a franchise will be costlier if she decides to go that  route. This scripture gives us the guidance to have the right people  with the right values to move forward with a contract and a duty of  loyalty and care keeping Shania’s best interest at heart.

According  to our text, “Paul offers the perfect job description for an employee  grounded in the Bible, with an attitude governed by a union with  Christ” (Kippenhan, 2017)It states “Complete my joy by having a common  purpose and a common love, by being one in heart and mind.  Do  nothing out of rivalry or vanity; but in humility, regard each other as  better than yourselves-look out for each other’s interest and not just  for your own (Phil, 2:2-4) (Kippenhan, 2017)  This  scripture defines the term of Agency from our text sets the standard  for Shania to keep in mind for her employees and customers to complete  the formula of Agency.

Conclusion.

In  conclusion, I would advise Shania on forming her business goals to help  her meet her Christian values of both home and business.  She should go with a independent coffeehouse to start off and can always branch off into a franchise later.  Her  name can be “The Gathering Place” however I would advise to be careful  not to infringe on any intellectual property this name may bring to the  area but still her values at heart can still benefit from the Church in  the local area and market.  Overall,  I believe Shania has the support enough to get things moving and, in  the meantime, while conducting she will gain the trust of her husband  and Carlos on her journey, the funny thing about this thing we call life  and religion is that everyone is on a different part of the journey and  it would be nice to have a place for all of us to gather for a cup of  coffee.

References

Bibliography

Daley, J. (2016, December 8). To Franchise or Not to Franchise. Retrieved from entrepreneur.com: https://www.entrepreneur.com/article/285121

Kippenhan. (2017). Biblical Worldview Edition of Dynamic Business Law.McGraw-Hill, Inc.

Parisi, M. (2018, October 1). A perspective on Small Agencies. Medical Marketing & Media, pp. Vol 53 Issue 10, p14-14.

Walker, T. (2017, Juluy 28). The good Book. Retrieved from Thegoodbook.com: https://www.thegoodbook.com/blog/news/2017/07/28/transgender-debate/