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Question: Portray about the Phoenix Software Project Management? Answer: Presentation: The phoenix venture is a novel made on bu...

Monday, January 27, 2020

Social Networking Playing A Role In Our Generation Media Essay

Social Networking Playing A Role In Our Generation Media Essay Social networking websites play a major role in our generation as time increase. Social networking is all around us any where we go. One Famous website consider a social networking website is schoolnotes.com .Websites like Facebook allow for relationships to be created on their website. Thiers is a lot of hidden benefits you may not see at first. Small and invisible things like these websites builds creativity and help develop computer skills in younger generation as well as old. When there is good in something there are lots of negatives that come with these kinds of websites such as; the information post on theses website causes a danger for the user. These websites can also be used for evil with crimes such as cyber bullying. These social networking websites come with many benefits such as reconnecting family and many down falls for example these websites have many sexual predators Networking Today. The way Social networking works is fairly new to this generation but is greatly embrace at a rapid speed. These websites work by you signing up to their website. Once you are stored in their database you can add friends you know by searching for them. Once you find your friends that you know you are part of their network and they are as well a part of you network. From this connection you can see who else is in your friend network and see if you know them. You can even see who is in your friends friend network Social Networking in Plain English. These websites just connect different users who know each other together with the middle man being the website removing the position of a postal service. This can be problematic too because different people can search and find you and add you. This can be very bad allowing all your information posted on these websites to be view to many unwanting people. The first of its kind was sixdegree.com social networking.  and followed other major we bsites for example Facebook, MySpace, eHarmony. A major websites implanted in our life is YouTube. YouTube  is a video-sharing Web site on which users can view, upload, and download video (YouTube). Social networking websites can be used to build relationship with other users with the user accessing the website Networking Today. Websites like MySpace and Facebook can be international accessed for almost any country. Many families in other countries can communicate with distant family in real time. From personal experience of being an immigrant in the United States of American i can personally say that this feature is very helpful. This feature that allows me to keep international connects with my family in Trinidad helps keep the bond that was broken with the migration. These features are available absolutely free with these websites. Many of my friends are created in school, but these websites offer a whole new way to communicate with these individuals. Instead of text messaging or emailing students can communicate real time using IM or Instant Messaging. These services are free to the standard user. This website gives a user the ability to learn new information about their fri ends and find out what might be the best present for their birthday the next time. Social Networking websites also builds creativity in students in many ways. Websites like MySpace give the ability to anyone to create and edit photo and videos for the world to see, rate, or comment on the image they created. Other opportunities rise from these websites like the way of being invited to a social event and entertain and have fun meeting new people. Social networking websites is close to eliminating the social hierarchy in high schools allowing everyone to talk and share information about their selves. Social networking has many opportunities to be very potential. President Barack Obama used websites like these for his presidential race social networking. The President right now gives weekly updates on Youtube about what was accomplished the current week in the White House. This is very important because it involves the youths in more important subject matters and gets them involved in what the government is doing. This is why the President chooses Youtube because it has a larger group of youths accessing this website. Fans can also find these websites of great benefit for their craving desire for their favorite musician, actor, and other symbolic figures of their choice. Many celebrities create their profile on websites like twitter and keep their fans updated with the latest information happing in their life and upcoming performances to keep their fans updated and interested in events. As for the good in anything there is always a bad. The bad in these websites is mostly concentrated on the privacy and security of the user. Websites like Facebook state in their term and conditions for all signing up users WE TRY TO KEEP FACEBOOKà ¢Ã¢â€š ¬Ã‚ ¦SAFE, BUT YOU USE IT AT YOUR OWN RISK (Facebook). This statement must be put heavy on the scale of signing up for one of these social networking websites. All the information anyone posts on these websites is saved and poses a danger to the user. Whichever information you post on these sites you leave a virtual footprint. This footprint can be easily tracked back to your exact location. Any one that can view a photo or video of you on these websites or on a computer to be in general can save it their computer and print this image and share around or save it for their own sake. Plus that embarrassing picture or video of you gulping down a keg of beer even has the potential to mess up your next job interview or review. Companies looking to hiring can view these embarrassing moments and have doubts in hiring you leaving you looking for a new job opportunity Networking Today. Many sexual predators also prey on these can of websites to manipulate their victim into thinking they are safe and friendly. There is no way of blocking these can of inhumane acts when signing up. Anyone can create a fake user name and convince their victims to meet them. Many shows like Dateline: To catch a predator gives us a glimpse on how easy someone can manipulate young teens into setting up conference with them to do sexual activities. MySpace identified 90,000 registered sex offenders with profiles on the site (Networking Today). Cyber bulling is the official name for when kids go on these websites and make fun at other children, these the acts can lead fatal (Cyber bullying). Cyberbullying is what I like to call killing the youths from the inside out. Teens go on to these websites and just taut and make fun of other children to make them depress and keep them down. This constant barrage of false lies and abuse can easily lead to suicide. This soon became a true reality check for Tina and Ron Meier when their daughter Megan Meier han ged herself after being cyber bullied. Not only are teens are doing these crimes adults too. It is also said that the use of Social Networking websites can lead to the brain disorders in children. When workers using these websites during work hours they cost their business millions of dollars. A 2007 study found that workers using Facebook in the office were costing Australian businesses up to $4.5 billion (US) per year Networking Today. The productivity of the workers drop immensely when they search the internet all day talking on websites like Facebook, MySpace, Twitter and not complete their daily task Networking Today. These companies are now forced to emplace proxy servers and remote computer monitors to view if their workers are staying on task. They servers can cost millions annually to install and maintain. In many ways social networking websites affect our daily life today. Whether for the good or the bad these websites are here to stay. These website help children in poverty ,with the access, to the internet to build basic knowledge on how to operate computers and design pictures and edit videos. Websites like MySpace help develop many computer fields skills like edit, write, and understand HTML with picture and video editing. Social Networking Websites does not even charge the user any money to learn these skills. The user learns these skills by the interface provide by these websites to customize their own homepage. However certain websites like Facebook does not offer much customization of the user page. In contrast to these wonderful befits these websites can cause personality and brain disorders in kids (Derbyshire). They also have many of evil people with access to these websites. If they have access to these websites that means they have access to our children and their profile information. In addition when some teen post information like school, location, age, grade and other information about themselves on these websites they are opening the doors to sexual predators. These website cannot offer real protection to our children on these websites and they hold no responsibility for anything that happens on their website. Work Sited Page Cyberbullying. What Is Cyberbullying?. 12/7/2009 http://www.ncpc.org/cyberbullying David Derbyshire, Social Websites Harm Childrens Brains: Chilling Warning to Parents from Top Neuroscientist,  Daily Mail,  Feb. 24, 2009   Facebook. Social Networking Website. 12/7/2009 . Jones, Steve. YouTube.  World Book Advanced. World Book, 2010.  Web.   7 Jan. 2010.(Book) Networking Today. Are social networking sites good for our society?. 12/7/2009 . social networking.  Grolier Multimedia Encyclopedia. 2010. Grolier Online. 7 Jan. 2010 . Social Networking in Plain English. Common Craft. 1/7/2010 .(Video) Word Count: 1,591

Sunday, January 19, 2020

Kenneth Branagh’s Hamlet

Kenneth Branagh’s 1996 adaptation of Hamlet is a great way to enjoy the popular Shakespeare play. While I found the film to be quite lengthy, I thoroughly enjoyed seeing a film version of the story I only knew a little bit about from reading an excerpt of Hamlet in high school. I think Kenneth Branagh did an excellent job in making the screen play into a movie. Everything in every scene couldn’t have been done more perfectly. Better yet is the cast, with actors like Kenneth Branagh himself, as Hamlet, Kate Winslet as Ophelia, Billy Crystal, and Robin Williams among many other great actors.The tragedy starts with just that, tragedy, the death of Hamlet’s Father, the king. The movie starts out with the watchmen on duty seeing an apparition of some kind, which they later learn is Hamlet’s deceased father. The watchmen decide to tell Hamlet of this strange apparition after Hamlet’s mother, the queen’s wedding to her brother in law. While the wedd ing is going on and after the ceremony, Hamlet is clearly distraught. The queen is marrying Hamlet’s father’s brother only two short months after his father’s sudden death.The watchmen tell Hamlet of the strange apparition that is haunting them nightly and Hamlet is curious, he wants to see it for himself. In my favorite scene of the entire movie, Hamlet runs through the foggy woods that night, yelling, screaming for his father’s tragic passing. He gets a response from his father’s spirit; his father’s voice speaks in the most bone chilling voice. He tells Hamlet that his death was â€Å"most cruel and most unnatural† and he makes this very clear, saying it more than once. He says his brother snuck up on him while he was asleep in the orchard and poured a leprous mixture into his ear.The King’s own brother committed the deed that made him fall ill and die almost immediately. Before disappearing into the night, the apparition sa ys to Hamlet â€Å"Remember me! † This experience is of course very emotional for Hamlet. Hamlet wants to avenge his father’s death. He decides the only way to wear on the new king’s conscience is to put on a play that is basically the story of his father’s betrayal by his brother and the queen for having married him. While this is going on, everyone is saying Hamlet has gone â€Å"mad† because of his erratic behavior, but attributes it to his being love sick over his girl friend, Ophelia.Hamlet loves Ophelia, and she loves him, but her father forbids her to see him any longer. Hamlet is enraged by this, as he is many things Ophelia’s father says and does. In the heat of an argument, Hamlet kills Ophelia’s Father. Ophelia is devastated, goes insane, and eventually ends up drowning herself. Ophelia’s brother returns from France to find out his father has been slain by Hamlet and Ophelia has killed herself. Needless to say, Ophel ia’s brother is furious. Ophelia’s brother and the King plan for him and Hamlet to spar. They plan to poison the cup Hamlet drinks from during the fight, so he will undoubtedly die.While fencing, the King insists that Hamlet drink for doing well, but he refrains and says he will wait until later. Next, the queen offers him a drink, but again he refuses, so she drinks out of the cup that is poisoned instead. The fight turns quite vicious and Ophelia’s brother is struck down. At the same time the queen has fallen to the floor, dying, saying she had been poisoned before she took her last breath. Ophelia’s brother confesses that the King is the one who poisoned the cup in order to kill Hamlet. Hamlet and Ophelia’s brother make amends before he dies. Enraged, Hamlet goes after the King and feeds him the poison.The King dies. Then Hamlet dies of poisoning. The Norwegian crown prince and his army storm the castle in order to assume the throne, wasting no time. They are astounded by the royal deaths. I thought the movie had an excellent cast, all great actors that did a wonderful job. Kenneth Branagh made a good Hamlet. I liked Hamlet’s character and hoped the best for him, even though I did not agree with some of the things he did. I felt badly for Hamlet, as I also did Ophelia when she took her own life out of misery. I think it is sad they did not end up together; but then again that’s the point, it’s a tragedy.I loved the original King, although he wasn’t in the movie much in life form, he seemed like a fair and wise King. The actor who played the king did a fantastic job in the foggy woods scene. All in all the entire cast was very convincing, so much that you either came to love or hate the characters. I think there are many themes in Hamlet. The one that stands out the most is the importance of thinking before acting. Hamlet does and says many things he might not if he took some time to first  "cool down†. It seems as if he is too hasty to act and this often gets him into trouble making terrible things happen that he can’t simply take back.Another lesson to take from Hamlet is that nothing is forever and nothing is certain. Hamlet wrestled with the validity of the experience of his father’s apparition, he questioned whether or not it really happened. For some things in this life there is no hard science. Sometimes the answers are not always clear; you just have to trust your own judgment. I really enjoyed watching the movie version of Hamlet. Quite honestly I thought turning a play into a movie would be difficult to make interesting, but it was done extremely well. I would love to go to a real live play version of Hamlet.I think the experience of seeing the acting up close on a stage would be totally different then watching the movie because the audience is able to get more involved in the story, but the movie is a good way to go if you don’t ha ve the opportunity to see the play. The minor special effects in the movie really help to draw you in, but it’s nothing significant that couldn’t be done on stage as well. Hamlet is a classic story that has stood the test of time. I’m sure it will never stop being reenacted and adapted for movies in generations to come.

Friday, January 10, 2020

A Time When Something Unexpected Happened Essay

I would hate to be famous. When you’re famous, you don’t have any privacy. Also, there’s too much criticism. Lastly, it can harm my safety. Being famous isn’t all that great, like you think it is. Many people who are famous have many problems and sometimes wish that they weren’t famous at all. I do not want to be famous. First, when you’re famous, you do not have any privacy. Paparazzi will follow you, and take pictures of every single thing you do. The paparazzi are very aggravating. Also, fans will always be running up to you and asking for autographs or pictures. Lastly, people will always want to know where you’re at and what you’re doing. Second, when you are famous, you have to take a lot of criticism. Critics will always be judging you. They’ll judge you on what you’re wearing, what you’re doing, and even what you’re eating sometimes. Also, haters will have mean remarks or comments. They will also spread rumors about you. Finally, being famous can harm your safety. You might have some mega, crazy fans that may stalk you. Myriad famous people also receive threats, and their lives are put in danger. Super haters may dislike you so much, that they actually attempt to murder you. Many celebrities have been murdered due to hate of the famous person. In conclusion, being famous would be atrocious. Celebrities cannot have a sequestered life what so ever, they are criticized, and they are not safe. You don’t need fame to have an opulent life. Living without fame is just fine, and I have fun without it. I do not want to be famous.

Thursday, January 2, 2020

Gastric Bypass Vs. Natural Weight Loss - 915 Words

Gastric Bypass Vs. Natural Weight Loss Inch by inch the waist lines of Americans are getting larger. Diabetes, high blood pressure, and other health risks associated with obesity are on the rise. Americans are focusing more and more on losing weight as they get older and their health declines. With fad diets coming and going, Americans are looking for a quick fix when it comes to losing weight. One common way Americans are losing weight is by getting Gastric Bypass Surgery. This type of surgery, with its high health risks, is a popular way to lose weight among Americans. Since natural weight loss does not produce quick results it is often overlooked and not as common. Losing weight without surgery is the safest and healthiest way to shed those unwanted pounds. Those in search of losing weight should lose it naturally. Those who desire to lose weight should focus on the health risks, if any, which are associated with their chosen method to lose the weight. One of the most common illnesses associated with Gastric Bypass Surgery is Dumping Syndrome. Dumping Syndrome is when foods move quickly from your stomach to your bowel. According to the staff at the Mayo Clinic â€Å"Most people with dumping syndrome develop signs and symptoms, such as abdominal cramps and diarrhea, 10 to 30 minutes after eating.† Another common issue a surgery patient has after a procedure is the lack of supplements. Since the food is dumped quickly because of Dumping Syndrome the body doesn’t have a chance toShow MoreRelatedDiabetes : The Eight Deadliest Disease1955 Words   |  8 Pagesdiabetes to this day is unknown and even to try and prevent it is undetermined. To determine if someone is diabetic one has to be properly diagnosed by a physician. Symptoms of diabetes are as follows: frequent urination, excessive thirst, unexplained weight loss, extreme hunger, sudden vision changes, tingling or numbness in hands or feet, feeling tired most of the time, dry skin, sores that are slow to heal, more infections that usual, nausea, vomiting, or stomach pains. Complications of untreated diabetesRead MoreModule Quizzes Essay14245 Words   |  57 Pagesdifferent chemical reactions taking place. As she eats her cheeseburger and her food is metabolized to maintain her energy, this on-going process will cause a loss of hydrogen ions as well as a loss of electrons. Oxidation In metabolism, if oxygen accepts an electron, it is considered to be? Reduced In the case of someone who wants to lose weight, they will be using the process of oxidation - losing electrons. They will want to oxidize their stored food in their fat cells. This is called _________ Read MoreDarden Mba Resumes16768 Words   |  68 Pagesmaturities; resulted in amendments to credit agreement and $4B exchange offer. ï‚ · Prepared five-year strategic plan and annual sponsor review presentations for senior management, financial sponsors, and board of directors. ï‚ · Supervised analysts conducting natural gas sensitivity analysis; analyzed cash flow and PL impacts and communicated results to senior leadership and financial sponsors. ï‚ · Designed high-level model based on key operational and financial drivers (e.g. LIBOR, floating rate debt, and customer

Wednesday, December 25, 2019

The Death of Njhs Essay

The Death of Njhs Essay Active members have their distinctive story which makes them unique. I used to not understand what to do. The Honest to Goodness Truth on Njhs Essay Tell ways to influence the current world around. Instead, preparing beforehand how you're talk about these techniques will help you save you a good deal of time and anxiety as soon as the test rolls around. Even simply to help just a little bit, to earn time for different men and women, and to serve is something which I want to be part of. Make sure that everybody in the house recognises you will appreciate not being bothered for that moment. An anecdote is a brief story about an actual individual or event. Lots of people rely on me as a very great person to come to in an excellent time of need. There are those who are homeless, and I would like to provide for them. There are those who are starving, and I would like to feed them. If you're a strong candidate, you ought to have perfect grammar. Thi s template gives you an easy idea about the appropriate method of writing and issuing a relieving letter. Give a review of the points you will be making in the letter. An excellent informative letter follows a few standard guidelines. It's possible that you visit a service offering written help online. You don't need to be worried about your personal details that could be viewed, as we handle the matter on a safe network. It's possible to check our site regularly to understand the most recent offers or to speak to our support team so they tell you exactly what you may receive if you pay for essay today. It's potential to at all times pick a format that may be understood on the internet in case you don't have the chance. The 5-Minute Rule for Njhs Essay If your school doesn't have a chapter, encourage your principal to understand how to begin a chapter. You might bear in mind that national junior honor society essays are somewhat difficult to learn at first. Being the prev ious year student at a college, you could think about your academic future. National junior honor society is a fantastic opportunity. Next, talk about the management working experience. These are areas where I really like to have an active function. Accounting is a wide term that covers several varieties of jobs and duties. Njhs Essay Help! It's possible to easily buy unique college essays and don't neglect to tell friends and family about it. So should you need to employ college essay writer online, we're just the people that you will need to contact. Writing essays and also other academic papers can be challenging for any student. Today, most college students find it difficult to compose an essay on a specific topic. Who knew essay writing may be so tough. Essay writing isn't always easy. So in case you have an essay assigned that you will need help with, you can purchase essay online cheap from us. At our essay support, essays are always delivered in a brief moment. Most Noticeable Njhs Essay This text will act as a national honor society essay example and will demonstrate one of the potential techniques to write it correctly. Each paragraph should discuss a couple of traits. After considering and listing traits and actions, you have a notion of what you wish to discuss in your essay. Another kind of evidence that's often utilized as an alternate to actual facts or statistics is the anecdote. Think of methods you have proven these characteristics. The most important point is, you don't need to wait until you find the prompt to come up with an arsenal of kinds of argument-building techniques you may use to back up your points. Life, Death and Njhs Essay Writing is a present that comes naturally. Building a CV might be a challenging endeavor to tackle. Composing your own CV after graduating might be tricky, especially in the contest you're searching for your very first standing. Studying only can help improve your abilities. It is an overall letter of application where you could incorporate all of your experience, explain why you're an excellent leader, community, team member. My academic qualifications prove that my dedication and individual qua lities will go quite a distance in my general improvement. I anticipate continuing my volunteer work in the health care field later on. Additionally, there are state summits that provide members a one-day chance to cultivate leadership and empower them on a wide variety of issues.

Tuesday, December 17, 2019

Essay - 802 Words

Everyday objects are not something we typically pick up take a hard look at and then ask ourselves what they tell other people about us. If the person already knew you, how could that object be used to describe you in more detail? It is an interesting thing to ponder and not as simple as you might think. Maybe the object has a more complex meaning than one might think at their first glance. Perhaps it represents a tough time in your life and how you have overcome it. Ordinary things in one person’s life can mean so much more in another person’s. Like everything in life, it is all about perspective. To see from my perspective, I need my purple glasses. I wear my purple glasses because I have astigmatism in my right eye. Which means my†¦show more content†¦It takes quite a long time for me to open up to most people. The fact that I use pencils or paint brushes instead of normal clips is a testimony to my more creative side. Artists run in my family. There are mostly painters on my mom’s side like my Grandma Mendenhall and Aunt Bulla. On my dad’s side of the family, there are more sketch artists. My dad himself sketches our DIY projects at our house and either my mom or one of my sisters have to quickly snatch it up if they want to be able to keep it. My brother is a fantastic sketch artist, though he rarely sketches anymore. My younger sister Bridget also draws fairly good and improves on her skills every day. I doodle on most of my notes in school and highlight them to give it color. Lately, colored ribbons decorate my left wrist. The blue and green ribbons around my wrist are for intracranial hypertension awareness month. My sister has intracranial hypertension which, in short, means her brain is fighting a nonexistent tumor. I always want to support my family as they mean everything to me. Many of my family members have one kind of medical condition or another and our lives have changed pretty drastically in the past few years because of them. We do things differently in a lot of areas in our lives, like how the way we prepare our food. My sister Elizabeth is the one who has intracranial hyperattention and because of herShow MoreRelatedWhat Is an Essay?1440 Words   |  6 PagesBuscemi Essay #3 Rough Draft An essay is a creative written piece in which the author uses different styles such as diction, tone, pathos, ethos or logos to communicate a message to the reader using either a personal experience, filled with morals and parables, or a informative text filled with educational terms. Educational terms could mean the usage of complicated and elevated words or simply information you would get in schools. Some authors, such as Cynthia Ozick, claim that an essay has noRead Morenarrative essay1321 Words   |  6 PagesNarrative Essay A Brief Guide to Writing Narrative Essays Narrative writing tells a story. In essays the narrative writing could also be considered reflection or an exploration of the author s values told as a story. The author may remember his or her past, or a memorable person or event from that past, or even observe the present. When you re writing a narrative essay, loosen up. After all, you re basically just telling a story to someone, something you probably do every day in casual conversationRead MoreApplication Essay : A Process Essay770 Words   |  4 Pagesassign an essay. The entire class lets out a groan that could be heard from miles away, however this doesn’t phase your professor. The essay is assigned: a process essay. Now what? What is a process essay? How do you go about writing one? How do you get the A you so desperately need? This paper will discuss everything one needs to know in order to write the perfect process essay such as the definition of a process essay, how to construct it, and how to use proper transitions to make the essay flow. Read MoreEssay763 Words   |  4 PagesCan’t be Built on Soccer Fever† and â€Å"Na Na Na Na, Hey Hey, Goodbye† In Jonathan Zimmerman’s essay â€Å"African National Identities Can’t Be Built on Soccer Fever† he describes how soccer brings the people of Africa together. He talks about the unity of Africans and how much soccer is a part of their lives. He also describes the underlying reason of why soccer is so heavily pushed. The perspective in the essay â€Å"Na Na Na Na, Hey Hey, Goodbye† Tim Bowling discusses his passion for hockey and his hate forRead MoreThe Colonel Essay1320 Words   |  6 PagesIn the essay, The Colonel, Michael Hogan illustrates the importance of the influential sport of tennis. Hogan writes about how tennis changed his life from an early age. When he was younger he saw tennis as a rich mans sport in which he had no interest. One of his much-respected neighbors, the colonel, approached Hogan’s father with the idea that his son might like to learn how to play tennis. After pondering the thought with his father, Hogan decided to take t he offer. The Colonel became his mentorRead MorePersuasive Essays : Persuasive Essay897 Words   |  4 Pagesbegan this class, I loved to write persuasive essays. I loved to write about my own opinions and I was quite good at convincing people to agree with my stand points. To convince others to agree on my point of view was an extraordinary feeling. I am very good at getting my point across and giving my reasons on why I feel the way I do about a certain situation. I loved writing persuasive essays because I love to read them as well. I love how persuasive essays have a call-to-action; giving the readers aRead MoreEnglish Composition One: To Be an Essay or Not to Be an Essay That Is the Question910 Words   |  4 Pages In the past, the mention to have to write a paper for an assignment caused me to break out in a sweat or my mouth instantly dries, well it does not have that kind of effect on me anymore. The key to successfully completing the essay on time is getting to researc h the topic at hand as soon as possible or before the process of writing begins. The next step for me would be to find the argument and take a side. Moreover, picking a thesis statement through brainstorming the information I gathered forRead More Flight Essay834 Words   |  4 Pages Essay on quot;Flightquot; amp;#9;It is always hard to get separated from someone you love and with whom you have shared every moment of his life until he decides to walk on a different path than yours. You dont know how to react and confusion dominates your mind. Should you be angry at him for leaving you, or should you support and respect his decision ? In her essay quot;Flight,quot; Doris Lessing illustrates the story of an old man who is learning to let go his granddaughter as she growsRead MoreEssay and Academic Life1117 Words   |  5 Pageslanguage learner? Discuss two or three problems with specific examples and details. Ex. 9 Analyzing students’ essays. Use the assignment and the Student Essays to answer the following questions. Assignment: Computers have become an important part of educational process. Write convincing illustration to this statement. Use specific and convincing examples and details. Student Essay 1 Computer as a multipurpose universal instrument of education. In our days computers have become an importantRead More Community Essay843 Words   |  4 Pagesan important effect on the shaping of a person’s character is key in both Pythia Peay’s essay, â€Å"Soul Searching† and Winona LaDuke’s interview transcribed in essay form entitled, â€Å"Reclaiming Culture and the Land: Motherhood and the Politics of Sustaining Community†. The two authors present ideas, similar and different, of what it means to live in and be a part of community. Through examining these two essays, summarizing and synthesizing, we can gain a better understanding of what community is and

Monday, December 9, 2019

Describe the legal framework that is provided for the employment contract free essay sample

Employment contracts are encased by many legal frameworks which significantly influence the how the contracts are interpreted and enforced. These legal frameworks include tests used by courts to determine who is an employee and how these tests were altered by the Pointe-Claire v. Quebec case trialed by the Supreme Court of Canada, and aspects of contract law which govern the establishment of employment contracts. It is critical to determine who is an employee and who is an independent contractor because not only do most protective employment statutes pertain only to employment contracts (England, 2008, p. 16), but an employee has certain obligations under various legislation including the Income Tax Act, the Employment Insurance Act, the Canada Pension Plan Act, the Employment Standards Act, the Workers Compensation Act, and the Labour Relations Code 9or the Canada Labour Code if the employee is regulated federally). Employees are also protected by the â€Å"reasonable notice† of termination of employment entitlement under the common law unless the employment contract includes an express provision regarding termination (Flanagan, Ravary Boyd, 2005, p. 1). Courts within Canada establish employee status by using a variety of tests; however three components are commonly exercised when coming to a decision. Courts conclude that an employer must demonstrate a high level of bureaucratic control over employment in regard to the where and when it occurs; a worker must be economically reliant on an employer; and a worker cannot be an entrepreneur operating a business, but must form a portion of the employer’s organization. The demonstration of control is essential to the employment relationship due to the subordination of the employee to the clout of the employer. Economic reliance showcases the central policy of protective employment legislation, which, essentially, shelters susceptible employees. The requirement of an employee being an integral part of the employer’s business operations, rather than being an entrepreneur is required since protective employment statutes and common law severance requirements are intended to protect employees from possible mistreatment by employers (England, 2008, p. 19). The most popular formulation, however, is Lord Wright’s â€Å"fourfold test†. This test is commonplace because it is believed that a single test does not accurately consider complicated conditions of modern day industry, leading to the development of more intricate means of determining if a party is an employee or in business for themselves. A fourfold test would be more appropriate is cases involving the level of control demonstrated by the party over the scheduling and conduct of work performance; whether the party possesses the tools, supplies, or equipment used to perform the work; whether the party has an opportunity to profit; and whether the party could experience a loss. These elements determine the employment relationship by formulating if the party is performing the work for their own behalf or for a superior. Lord Denning’s business integration test is another widely used formulation. This approach believes that under a service contract, a party is employed as part of the business and their work is performed as an important part of the business. Under a contract of services, a party’s work only assists the business rather than being an integral part of operations. Many factors are assessed under this method to determine whether the party is an employee or an independent contractor. Ownership of tools and equipment insinuates independent contractor status if the party has made a generous investment in tools and equipment, and implies employee status if only a small amount of capital was invested. The possibility of economic gains and losses is also considered, meaning a party with a considerable investment in the business (beyond their labour) is generally considered to be an independent contractor rather than an employee. The regularity of employment is another key factor since if a party works solely for one employer, the party is considered to be an employee whereas if a party habitually works for various employers, the party is considered to be a contractor. An employee typically performs work personally, while an independent contractor may possibly appoint the work to employees or, in some cases, outside subcontractors. The legal status of the worker is taken into account because if the worker as incorporated their own business and carries out the contract under the business name, the worker would more than likely be viewed as an independent contractor. In consideration of public image, the relationship will bear a resemblance to employee status if the worker’s impression to their coworkers and the general public is reflective of a regular employee. In regard to official contractual portrayals of employment relationships, courts look at the â€Å"economic realities† of the relationship in use. Additionally, there is no Canadian law that prevents any parties employed part time, casually, at home, or through an employment agency from being viewed as an employee (England, 2008, pp. 20-22; Filsinger, 2010, p. 78; Flanagan, Ravary Boyd, 2005, pp. 1-2). It is argued that the tests currently used to determine employee status are insufficient because they do not include many of the workers who require the protection of the legislation due to their susceptibility to employers. Current tests assume a broad understanding that can depict the majority of relationships of vulnerability; however some level of flexibility is not only inevitable, but also enviable. A more productive approach may be to add a new category of â€Å"dependent contractor† and stipulate which statutory and common law privileges are and are not appropriate for this new category (England, 2008, pp. 22-23). The 1997 Supreme Court of Canada case, Pointe-Claire v. Quebec, had great influence over the tests used in the determination of an employment contract, especially in the situation of determining who the employer is in a tripartite setting. In the case, Pointe-Claire hired an employee through an employment agency. The employee’s wages were paid via the agency, but the employee worked under the supervision of a city manager. The court determined that the most suitable approach for this case was to consider the factors relevant to the employer-employee relationship, which led to the resolve that the employee was in fact an employee of the city of Pointe-Claire (Foster, n. d. , Lesson 4). In short, the Supreme Court of Canada held that the core of a worker-employer relationship in a tripartite situation is control over working conditions, which requires deliberation of which party has control over the selection, hiring, remuneration, discipline, training, evaluation, assignment of duties, and working conditions of the worker. The degree to which the worker is incorporated into the business as well as the worker’s tenure was considered as well. One of the most critical aspects of this case is the knowledge that even if an employee is placed through an employment agency, the employee may still be considered an employee of that employer. In this case, the employee was predominantly viewed as an employee of the City because of the control it exercised over the employee – more so than the employment agency. However, elements such as remuneration, stipulations of equipment, work obligations, hours of work, income tax deductions, and the assignment of work were also considered to establish who the employee’s employer truly was (Foster, n. d. , Lesson 4). The Supreme Court of Canada concluded that the City was the employee’s employer since the City performed many of the conventional aspects of an employer, and because the employee had the same conditions of work as the City’s other employees – ultimately, the employee performed her work within a system created by the City rather than the employment agency (Pointe-Claire v. Quebec, 1997, p. 1029-1030). Employment contracts tend to be vague, resulting in the need for routing of fundamental terms and conditions to deter ambiguity in the future. When negotiating an employment contract, the terms included cannot breach minimum statutory standards, must not be viewed as imbalanced and are required to truthfully exhibit the type of work performed (Foster, n. d. , Lesson 7). Terms typically included in employment contracts include the following: job description, remuneration, employment term, termination clause, probationary period, relocation expectations, benefits, restrictive covenants (including non-disclosure, non-solicitation, and non-competition clauses), ownership of intellectual property clauses, choice of law, corporate policies, entire agreement clause, inducement, independent legal advice, severability clause, and golden parachute (Filsinger, 2010, pp. 96-105). A written employment contract is more advantageous than an oral agreement for many reasons. A written contract lessens the risk of any misunderstandings, speaks to any litigious issues early on in the relationship, and limits the amount of uncertainty (Filsinger, 2010, p. 89). Since there is no way in which to include every possible occurrence over the course of the relationship, employees and their council must make certain that the contract is unambiguous and should pay tribute to how the terms within the contract may be interpreted (Foster, n. d. , Lesson 7). When a dispute arises regarding an issue not addressed in a contract, a court introduces â€Å"implied terms† into the agreement, meaning the court deems which terms would likely have been included in the contract if the parties had negotiated the disputed issue and regards those terms to be included in the employment contract (Filsinger, 2012, p. 90). If a party is unsatisfied with the terms included in their employment contract, they are able to question the contract’s enforceability by claiming the contract entailed a lack of consideration, inequality of bargaining power, obsolesce, the failure to abide by minimum statutory standards, or the use of ambiguous language. Consideration is typically given by the pledged exchange of payment for work performed, which results in issues if an employee begins work before the contract is settled. To avoid this situation, employers should ensure the employment agreement is concluded before the employee is scheduled to begin work. Employment contracts can be questioned if a party feels an inequality of bargaining power existed during contract negotiations. To decrease the risk of this problem, employers should make certain the contract terms demonstrate a realistic balance between both parties’ interests, present the candidate with a copy of the anticipated contract for review, incorporate a condition outlining that the candidate had the chance to obtain legal advice upon signing the contract, and make the candidate aware of key terms and have the candidate initial them to demonstrate understanding and acceptance. If the contract no longer reflects the employee’s actual responsibilities, the contract can be challenged on the ground of obsolescence. Employers should bring up to date the employment agreement when necessary. If the contract does not meet the minimum statutory standards, the contract terms will be deemed null and void. Lastly, if a court finds the contract terms to be ambiguous, it may apply the contra proferentem rule, meaning the ambiguous language may be construed against the party who created the contract since the party could have eluded the issue by using more clear language (Filsinger, 2010, pp. 91-95).