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Business C mmunication Legal Aspects f
Prepared by: Bilal Adenwalla Junaid Abdul Hafeez Naqash Inayat Ali Tahami Uddin Qureshi Rehan M Nasir
Designed by: R e h a n M N a s i r
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ACKNOWLEDGMENT Alhamdulillah, first of all we would like to thank God as finally we were able to finish
our assignment that have been given by Business Communication’s lecturer to us. This
task had been done with all afford by group members even though a little bit problem
were happened among us while doing this assignment. Luckily, all the problems can be
settle down and we were able to adapt properly and wisely.
On the other hand, big thank also we address to our Business Communication’s lecturer
Prof. Hassan Raza that always teach us and guide us to understand the things that we
should know while studying Business Communication and also in producing good project
work. He always gives us supports and guide to us how to do our assignment in purpose
to produce a good outcome from research that been studied.
Finally, thank to our beloved friend that always stick together and also work hard to
produce a good assignment with all afford and responsibility. Hope that all the afford will
give a lot of benefits to us and also to our group project.
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TABLE OF CONTENTS
PART 1 DEFAMATION 05
DEFAMATION 06 TYPES OF DEFAMATION 06 TERMS OF DEFAMATION 07 AVOIDING THREE CAUSES OF LEGAL PROBLEMS 09
PART 2 INVASION OF PRIVACY 10
INVASION OF PRIVACY 11 WHO ARE THE MOST UNPROTECTED PERSONS? 11 ASPECTS OF INVASION OF PRIVACY 11 TOOLS FOR INVASION OF PRIVACY 12
PART 3 FRAUD AND MISREPRESENTATION 16
FRAUD 17 MISREPRESENTATION 17 DIFFERENCE BETWEEN FRAUD AND MISINTERPRETATION 17 TYPES OF MISREPRESENTATION 18
PART 4 CREDIT COLLECTION AND EMPLOYMENT 20
CREDIT 21 TIPS FOR COLLECTING CREDIT 21 EMPLOYMENT COMMUNICATION 22 WRITING APPLICATION LETTERS 23 INTERVIEWING FOR A JOB 24 TYPES OF INTERVIEWS 24
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TABLE OF CONTENTS
PART 5 OTHER AREAS OF CAUTION 25
ADVANCES AND TRENDS IN COMMUNICATION TECHNOLOGY 26 SOME BASIC COMMUNICATION TECHNOLOGY TERMS 27 TECHNOLOGY, LEGAL, AND ETHICAL ISSUES 28 OTHER TECHNOLOGY PRIVACY ISSUES 31
REFERENCES 32
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It is the act of harming the reputation of another by making a false statement to another person. The act of defamation may be through a false written or oral statement.
OR Defamation—also called calumny, vilification, tradesmen, slander (for transitory statements), and libel (for written, broadcast, or otherwise published words) is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, religion, or nation a negative or inferior image. This can be also any disparaging statement made by one person about another, which is communicated or published, whether true or false, depending on legal state. In Common Law it is usually a requirement that this claim be false and that the publication is communicated to someone other than the person defamed the claimant.
1. Libel 2. Slander
Libel is the legal term for a written defamatory statement. Libel is the type of Libel: defamation with a permanent record, like a newspaper, a letter, a website posting, an email, a picture, or a radio or TV broadcast. If you can prove that someone libeled you, and that person does not have a good defense, then a court will presume that you suffered damages and award you money to pay for your damaged reputation. But going to Supreme Court is expensive and even if you win, you may not get as much as it costs you to sue. In deciding on damages, the Court will consider your position in the community. For example, if you are a professional, damages may be higher.
Slander is the legal term for an oral statement. Slander is the type of Slander:defamation with no permanent record. Normally it's a spoken statement. It can also be a hand gesture or something similar. The law treats slander differently than libel: with slander, you have to prove you suffered damages, in the form of financial loss, to get compensation. But with libel, the law presumes you suffered damages. For example, say that Bill told John you were a cheat, and then John refused to do business with you
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because of that. You sue Bill and prove that you lost business with John because of what Bill said. Bill would have to pay you for the loss of John's business, but not for the general damage to your reputation. It can be very hard to prove this sort of financial loss. That's why most slander cases never go to court. An example of libel would be someone writing that another person is a thief. If the written statement is not true, the writer can be sued for libel. An example of slander is someone telling others that Bilal is a thief. If the statement is not true, the speaker can be sued for slander Another example, in Pakistan is that few years ago a private news channel of Pakistan and a very famous one Geo Television network break the news that President of Pakistan Mr. Zardari got married with some woman but that was a slander firstly because the news first start on headline and after that it becomes libel when the news caster read it. For this false news Mr. Zardari put an obligation of Rs. 1Million and also take action to sue the news channel
A key element in defamation is making certain information public that statement leads to understand two legal terms. 1. Publication 2. Privilege
Its mean the defamatory material coming into the knowledge of a third Publication:person other than the defamed one. Therefore, a letter containing negative idea or a statement about a person should be addressed to him directly. • In a seal envelop. • Marked private. • Such message should not be dictated or send though fax.
A legal right to communicate defamatory material or information in certain Privilege:
situation is privilege. Privilege provides a complete bar and answer to a defamation suit, though conditions may have to be met before this protection is granted. Privilege is any
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circumstance that justifies or excuses a prima facie tort. It can be said that privilege recognizes a defendant's action stemmed from an interest of social importance - and that society wants to protect such interests by not punishing those who pursue them. Privilege can be argued whenever a defendant can show that he acted from a justifiable motive. While some privileges have long been recognized, the court may create a new privilege for particular circumstances. There are two types of privilege in the common law tradition: 1. Absolute privilege 2. Qualified or conditional privilege
It has the effect that a statement cannot be sued on as 1. Absolute Privilege:defamatory, even if it were made maliciously; a typical example is evidence given in court (although this may give rise to different claims, such as an action for malicious prosecution. It is the peculiar right which arises out of one rank, position or nature. It is timed to 2 areas.
a. A legal proceeding in a court; a judicial contest to Judicial Proceedings:determine and enforce legal rights. Or any action by a judge likes hearing trial or other matter before the court. The defendant is summoned to court after a plaintiff sues and the trial is heard in front of a judge. Again, the judge may not be the one to make the decision on whether the defendant is guilty or not, as a jury trial is common in civil litigation as well.
b. Continuing on in our series on the defenses to a cause Legislative Proceedings:
of action for defamation relates to statements made in a legislative proceeding. Like statements made in judicial proceedings, statement. Which are made in legislative proceedings are absolutely privileged pursuant to Civil Code section 47(b).
Communication in good faith is not subject to legal action. 2. Conditional Privilege:Defamatory statements in ordinary business activities are qualified privilege whether they are communicated interdepartmentally or outside of the organization.
OR
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May be available to the journalist as a defense in circumstances where it is considered important that the facts be known in the public interest; an example would be public meetings, local government documents, and information relating to public bodies such as the police and fire departments. Qualified privilege has the same effect as absolute privilege, but does not protect statements that can be proven to have been made with malicious intent.
1. Abusive Language 2. Careless Language 3. The guy syndrome
Naming calling is considered abusive and can get you into Abusive Language:trouble. When you write down abusive language it is called libel and when it is spoken it is called slander.
Careless language is one of the three causes of legal problems. Careless Language:When it comes to being careless with the language you use it mostly means using a sentence or word that you personally think would not be taken in the wrong way but gets misunderstood by the reader. You must be certain when you say or send out a message that your words only communicate what you intended to say.
The good-guy syndrome occurs when we try to make ourselves The guy-syndrome:look better or receiver feel better when delivering negative messages. " This case shows how always trying to make someone feel better about negative news in the workplace is not always best, you should deliver the information that was told to deliver and not add your own opinion to it. If you wish to add your opinion, do not use your company's name. Following as a list of some defamatory terms which a business communicator should always avoid: A devil at home, Bankrupt, Black mailer, Corrupt, Crook, Cheater, Dishonest, Fraud, Fake, Thief etc.
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Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. Examples:
- Someone reading personal notes that someone else wrote - Reading personal emails - Reading personal text messages - Posting videos of someone without their permission - Posting videos of under aged children without permission - Going through personal items - Stalking someone
Another very famous example is our cricketer Shoaib Akhter, when he went for the tour for Australia a reporter or some other person took his snap when he was hanging out in night club with his Australian friends. The photos then got by news channel and thus Mr. Akhter ban for some time. Now this is the privacy of Shoaib no matter where he been after match is his personal matter either in night club or some elsewhere.
Celebrities are not protected in most situations, since they have voluntarily placed themselves already within the public eye, and their activities are considered newsworthy. However, an otherwise non-public individual has a right to privacy from:
a) Intrusion on one's solitude or into one's private affairs b) Public disclosure of embarrassing private information c) Publicity which puts him/her in a false light to the public d) Appropriation of one's name or picture for personal or commercial advantage.
It includes a use of person’s name, photograph, or other identity Use of a person’s identity:
without permission. Such invasion includes invasion publication of X rays and other medical pictures and undue publicity of a delinquent debt. Unreasonable publicity of private life may also result in legal actions. You may use the picture or identity of an individual for advertising or sales latter only for prior consent and the use must not be defamatory. However, if the event reported occurs in public, there is no expectation of privacy. Physical surveillance of records, reports and letters: Invasion of privacy also includes unauthorized examination of reports, letters and records.
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An electronic communications network that connects computer networks and Introduction:
organizational computer facilities around the world, the Internet has led to significant changes within our society1. An infinite amount of information can be easily obtained and through the development of technology, has become more accessible. The introduction of the Internet into our daily activities has transitioned our society into a technology dependent era. The Internet has become an increasingly popular source for gathering information and a frequent form of communication. Privacy focuses on the control over information about oneself, and is argued vital for human dignity and intimacy2. The Internet increased the availability of personal information that can be tracked, recorded, and accessed. The personal invasion of privacy due to Internet monitoring has become more of an ethical concern and looking at aspects from the business world we can better determine how the evolution of the Internet has shaped our lives.
The issue of privacy and ones right to privacy while at work or on the Internet has become Thesis:increasingly an important issue company deal with every day. Companies have to spend time and money to write policies to cover these issues to protect themselves as well as the well-being of their employees. They need to monitor their employees to ensure productivity and to make sure they are not doing anything illegal at work that could hurt the company. How far these companies can go to protect these things is what makes such an interesting issue. A person has a right to privacy and what they do on their break or outside of the office should be their business, but more and more companies are tapping into this to monitor them. A company can only go as far as to monitor them while they are working or doing work related activities anything outside of this realm in their private lives and emails should not be exploited.
Ethics has become a major concern within our society, especially within the Utilitarianism:business world. It is important to conduct business in an appropriate manner, monitoring productivity, and profit, while maintaining employee satisfaction. There are two fundamental ideas that underlie utilitarianism; first, that the results of our actions are the key to their moral evaluation, and second, that the one should assess and compare those results in terms of the happiness or unhappiness they cause “or, more broadly, in terms of their impact on people’s wellbeing.3” It is important to install morals into all aspects of business, including competitors, customers and employees. It is important to keep a sense of well-being in order to provide a trustworthy service.
The right of privacy has become a controversial issue. While there is no fundamental law or Privacy:amendment that states one’s right to privacy; however it has been implied by the Supreme Court in the United States Amendments and is considered ethically correct in our society. There is no specific law that governs ones‟ right to privacy and this has resulted in a fine line between what is deemed acceptable and what information can be revealed to the public. This has resulted in various court cases in which citizens have tried to determine their own right to privacy. There have been numerous cases over the past century where the Supreme Court has had to determine whether a citizens privacy rights have been violated. This dates back to May 25, 1891 in the Union Pacific Railway Co. v. Botsfold, where it was decided that the plaintiff did not have to submit to physical examination as „no right is held more sacred, or is more carefully guarded, by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others”.
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The evolution of the Internet has The Evolution of the Internet in the Workplace:shaped the way that companies conduct business. This has led to a dramatic change within the workplace and the responsibilities of employees. It is an employer’s responsibility to monitor employees and assess the quality and quantity of work that is being achieved. In the past, employers have done this by monitoring punch cards, productivity reports, profits and consumer satisfaction. The increase in technology and development of computers and the Internet has changed the security and supervision of daily business activities. Companies have a variety of reasons to maintain surveillance within the workplace. There are concerns for employees well-being, competitors‟ obstruction, and the productivity and profits of the business. These concerns are all relevant; however, the use of technology has made it easier for employers to snoop on their employees. Employers have the ability to intercept electronic communication and access the information that has been stored on the company computers. The easy access that employers have to this information raises the question of whether employers can ethically monitor employees. It has become Employees are expected to conduct business productively and to complete their job under the expectations that they were hired for. The Internet has made it easier for employees to be distracted from their tasks. Personal emailing and browsing the Internet has become a major concern within corporations, leading to the increase in electronic monitoring.
Employers use electronic Right of Employers to Keep Work Place Efficient:monitoring for two basic functions: providing feedback and implementing control6. Providing feedback is an essential aspect in conducting business. Employees are monitored in order to provide performance-related feedback and suggestions for improvement, such as with recording a receptionists typing speed or accuracy of data entry clerks7. This form of monitoring is understandable and an efficient way to conduct business. The type of monitoring that implements control is more harming to the business environment and calls into question the ethics of the company. The competitiveness of industries in today’s business society has led to an increase in security and the need to monitor efficiency within the workplace. This has increased the level of acceptance of employee monitoring, especially through electronic measures. The increase of use of the Internet and its ease, has led to a dependency of many businesses using this form of a communication for all their business transactions. The security that each business requires, also involves the monitoring of their employees online activity in order to ensure there are no security breaches. This form of monitoring is vital in order to maintain the success of the business; however there is a fine line between monitoring electronic activity for the security of the business and monitoring to spy on employees.
It is customary for every business to install a code of ethics, Right of Employees Privacy:setting the standards for employee behavior, standard of practice and it can also be used as a benchmark of evaluation. "The need for special ethical principles in a scientific society is the same as the need for ethical principles in society as a whole. They are mutually beneficial. They help make our relationships mutually pleasant and productive. A professional society is a voluntary, cooperative organization, and those who must conform to its rules are also those who benefit from the conformity of others. Each has a stake in maintaining general compliance." It is important for both employers and employees to follow these ethical guidelines. Employers create codes in order to provide standards to which employees should obey; however employers also have to maintain an ethical stance, ensuring the well-being and utilitarian rights of their employees. Employees are often unaware of the control that their supervisors have and the intrusion that this can have on their personal life. In the historic case Smyth vs. The Pillsbury Company, Smyth sent inappropriate emails from his home computer to the Pillsbury system. At a later date the company intercepted these email messages and terminated Smyths employment based upon their content9. There had been a prior promise of confidentiality within the
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company; however, this did not protect Smyths rights to privacy. Employees should be able to work in a trusting environment where they are respected. The Fourth Amendment states the public has the constitutional right to privacy. This is a fundamental right that is upheld within the United States; however, the increase in technology and the ability to observe others has weakened this imperative right. “The computers eye is unblinking and ever present. Sophisticated software allows every minute of every day to be recorded and evaluated”. The introduction of the Internet to the workplace has made it easier for employers to observe what employees are doing at every moment. It is an employee’s utilitarian ethical right to receive privacy and to be treated in a manner that will result in happiness for the entire staff. They have the ethical right to dutiful respect and the right of common good, which contributes most to the achievement of quality of life. It is under these ethics that employees should be made aware of the surveillance within their workplace and the duties that are expected of them.
The Internet has led to an increase in Right of Employers to Keep the Workplace Safe:pornography, racist jokes, and inappropriate forms of electronic communication. The government has condoned the use of electronic monitoring to ensure the safety of employees and uphold civil rights. Under Title VII of the Civil Rights Act, an employer’s inefficient monitoring of the Internet and email use and abuse may allow racial offensive or sexually explicit material to pervade the work environment and create or contribute to a hostile environment. Employers are expected to monitor their employee’s activities online to ensure civil rights are not violated and that employees receive the fundamental rights they are entitled to. This has been an effective form of detection within the workplace. In Strauss VS Microsoft Corporation, the court held that among other remarks several jokes and parodies of a sexual nature emailed by a supervisor to employees were administered and relevant evidence of sexual harassment. The government has approved online regulation however no standards have been introduced that respect the wellbeing of the employees or considers the effects that these actions cause. The ethical values of employees have been discarded.
Employers have become increasingly more considered with Government Regulation:surveillance within the workplace and this has been directly affected by changes occurring in our society and Government intervention. When the Internet first came widely available to anyone who had a computer and a dial up connection, anything could be written about or looked at on the Internet without any repercussions. The government was not interested with what people were discussing on the net because it was like an open forum for people to talk to others around the world. Now with terrorist threats and military uprisings being a major concern, many countries across the world, Governments are stepping up their policies regarding the Internet. The U.S. Justice Department has been working hard with Internet companies to make it easier for investigators to check citizens‟ web traffic. The U.S. Government wants Internet service providers to virtually keep records of every website their customers go to, so that they can obtain this information easily. But some see it as another step toward total surveillance of citizens, joining warrant less wiretapping, secret scrutiny of library records and unfettered access to e-mail as another power that could be abused16. Many activists‟ of free speech and privacy have been quoted as saying, “We have an environment in which we’re collecting more and more information on the personal lives of Americans, and our laws are completely inadequate to protect us”. In a follow up response to accusations that these new laws will hinder our free speech and privacy rights, U.S. Attorney General Alberto Gonzales was quoted as saying; “Privacy rights must always be accommodated and protected as we conduct our investigations”. Going on to say that information they are asking Internet service providers to keep track of would be essential to investigating future crimes committed on the Internet. This hardly seems ethical if anything you do on the Internet is being tracked and used against you. It’s an immense invasion of our privacy if we cannot
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look at a website or send an email without someone else determining whether you are trying to harbor a crime or not. Not only does this look like an immense invasion of our privacy but also with this new advanced technology not all the kinks have been worked out. “Recently the Electronic Privacy Information Center fought with the Justice Department and FBI on a new program they implemented called Carnivore or DSC 1000. It was found by the EPIC that the program was too hard to control because of how advanced it was and even messed up a terrorist investigation by collecting non-targeted email. The program ended up throwing out emails from a target in the investigation, which contained helpful information. Despite uncovering this, it is believed that Internet monitoring will increase especially with Bush’s new antiterrorism and security policies. If the new technology is deemed to have imperfections how can they continue to use it, if there is already evidence that it interrupted an ongoing investigation? It seems like Governments are going to continue to write bills that cause for the increase in Internet monitoring, but evidence shows it does not always seem to work. We will in the future probably see that it will become increasingly easier for governments track us to the point we know what site we are on at that very moment and how long will have been there and what sorts of things we have looked at.
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It refers to the intentionally misrepresentation by one part to a contract of a material fact which is relied upon by the other party to his injury.
OR A person or thing intended to deceive others, typically by unjustifiably claiming or being credited with accomplishments or qualities. Fraud may also be made by an omission or purposeful failure to state material facts, which nondisclosure makes other statements misleading.
It means giving an incorrect or misleading representation of some important element or some item or fact relating to the claim. For example, under certain circumstances, false statements or promises made by a seller of goods regarding the quality or nature of the product that the seller has may constitute misrepresentation. A finding of misrepresentation allows for a remedy of rescission and sometimes damages depending on the type of misrepresentation.
Fraud: 1. Fraud is defined under Sec. 17. 2. Fraud means a misrepresentation made with an intention to cheat 3. The distinction between fraud and misrepresentation is solely on intention. 4. In case of fraud, the aggrieved party can avoid the contract even if the means to discover the truth were available. 5. In case of fraud not only the agreement is voidable but also the aggrieved party can claim damages. Misrepresentation: 1. Misrepresentation is defined under Sec. 19 2. Misrepresentation means a misstatement made innocently. 3. In case of misrepresentation misstatement is made innocently.
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4. In case of misrepresentation if the aggrieved party has the means to discover the truth, it cannot avoid the contract. 5. In case of misrepresentation no damages can be claimed, the aggrieved party can only avoid the contract.
Four types of misrepresentations are identified with different remedies available:
1. occurs when one makes representation with Fraudulent misrepresentation intent to deceive and with the knowledge that it is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly
2. at common law occurs when the defendant Negligent misrepresentation
carelessly makes a representation while having no reasonable basis to believe it to be true. This type of misrepresentation is relatively new and was introduced to allow damages in situations where neither a collateral contract nor fraud is found. It was first seen in the case of Hedley Byrne v Heller [1964] A.C. 465 where the court found that a statement made negligently that was relied upon can be actionable in tort. Lord Denning in Esso Petroleum Co Ltd v Mardon [1976] Q.B. 801 however, transported the tort into contract law, stating the rule as:
“if a man, who has or professes to have special knowledge or skill, makes a representation by virtue thereof to another…with the intention of inducing him to enter into a contract with him, he is under a duty to use reasonable care to see that the representation is correct, and that the advice, information or opinion is reliable”
3. Negligent misrepresentation under Statute enacted by ,
the Misrepresentation Act 1967. When dealing with a negligent misrepresentation it is most lucrative (joint with fraudulent misrepresentation, Contributory Negligence notwithstanding for an action to be brought under statute law as the burden of proof that is required passes to the person who made the statement. So it is for the person who made the negligent statement to prove that the statement was either not one of fact but opinion and that "had reasonable ground to believe and
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did believe up to the time the contract was made that the facts represented were true the so-called innocent defense.
4. occurs when the representer had reasonable Innocent misrepresentation
grounds for believing that his or her false statement was true Prior to Hedley Byrne, all misrepresentations that were not fraudulent were considered to be innocent. This type of representation primarily allows for a remedy of rescission, the purpose of which is put the parties back into a position as if the contract had never taken place. Section 2(2) Misrepresentation Act 1967, however, allows for damages to be awarded in lieu of rescission if the court deems it equitable to do so. This is judged on both the nature of the innocent misrepresentation and the losses suffered by the claimant from it.
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An exchange which is complete after the expiry of a certain period of time after payment. Credit is right to receive payment from borrower. Credit is issued for:
If you have a land and have no money then you have to Construction or Renovation:get credit for construction or for also renovation purpose.
Unless you have the cash to purchase a car, you’ll have to get a loan. Buying Vehicles:
Many people have dreams of starting their own business. Most Entrepreneurship:business startups require a sizable amount of cash that you might not have available. In that case, you’ll need to obtain a small business loan.
Most of times or we can say that all the times the purchasing goods Purchasing goods:from companies or selling goods to the companies is on credit.
Now a day’s most of the financial institutions (banks) give small For Small Businesses:credit for starting new and small business purpose.
The all utilities supplying companies give all services on credit (means Utility Services:however we can afford we can use and then after a particular period paid the amount).
Review the paperwork on the debtor before making the call. Know the history Prepare:
of the account, credit record, the promises kept/broken. Have all records in front of you, ready for reference.
Adopt a straight, professional business-like attitude. You have a contract, you Attitude:delivered the goods, money is owed, and you have a right to expect payment. Never let it become personal. Don't yell or raise your voice; and NEVER swear. Don't threaten; legal action is your recourse.
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Control the conversation. Keep it focused on the debt and on the repayment Control:schedule. Don't let the customer sidetrack you with personal history, excuses, etc. Remember, the object of your call is to collect money, or get a commitment, not to become buddies with the customer or win arguments.
Be ready to adjust to the situation. Think about the kind of customer you're Flexible:dealing with and adapt to meet the circumstances. Be prepared to accept a reasonable payment schedule, and a willingness to deal with a customer's circumstances.
Keep contact brief and to the point. This is a business call, not a social one. Productive:View your efforts on a ratio of time expended to results achieved. Long conversations probably mean the customer is stalling you, or trapping you in the buddy syndrome.
Never leave a contact open ended, such as "We'll talk next week," or "I'll send Precise:what I can." Every contact should result in a commitment to payment, of a specific amount, by a specific date, even the check number the customer is using to pay the pledge.
The longer an account is held, the less likely it is that it will be recovered. If Time:payment or a payout is not arranged within 90 days, place the claim with a collection agency or start legal proceeding.
An essential aspect of securing a new position is the initial communication with the prospective employer. A well-written cover letter and résumé can generate interest; an interview; and, ultimately, a job offer. Marketing oneself to an employer can be a frustrating and humbling experience; however, a consistent and diligent approach will be rewarded. The major focus in identifying prospective employers should be on the Internet and college placement offices. Nearly all public companies have job posting sites. The college placement office, while often overlooked and underutilized, can offer invaluable assistance to students and companies.
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Once you complete your résumé, you are ready to write a more personal sales message— an application letter. An application letter functions as a cover letter in the transmittal of your résumé. It is a marketing tool that highlights your most attractive qualifications as a potential employee and gives you an opportunity to make important points that you cannot cover in a one- or two-page résumé. A strong letter of application lends support to your résumé—but does not repeat the same information. 1. Gaining Attention in the Opening In a short opening paragraph (from one to five lines), you want to gain the attention of your reader—to motivate him or her to read the remainder of the application letter. In addition, you want to alert the reader to your interest in a position. This expression of interest is essential to orient the reader to the message and to make a smooth transition to details in the rest of the letter. The opening can mention who referred you to this position. If the person has a respected and recognized name in the organization or in the same business field, mentioning the name can gain favorable attention. 2. Convincing an Employer That You Fit the Job The middle portion of an application letter should convince a potential employer that you fit the job requirements and that your employment will benefit the company. This is the most important part of your letter; it is here that you create interest in your qualifications and a desire to hire you. In this section of an application letter, you should describe your most outstanding accomplishments that relate to the job requirements. This could be from your work experience, special expertise, or educational accomplishments. Briefly discuss your strengths and how they meet job requirements. When responding to a job advertisement, read the ad carefully; use words in the letter that fit both you and the language in the ad. The order of content may vary in different application letters. The intent, however, is to compose a clear, concise, concrete, and convincing paragraph or two that will motivate the employer to look closely at your résumé.
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3. Promoting Action in the Close Now you are ready to motivate the employer to take action—to read your résumé and invite you to an interview. In most application letters, your goal is to get an interview. The best way to get an interview is to ask directly for it. This request should be made in a positive, pleasant manner. The closing paragraph is the wrap-up. In the close of your application letter, you should make it easy for an employer to invite you to an interview by providing your telephone number and e-mail address and by offering to be at the employer’s office at his or her convenience.
The goal of an application letter and résumé is to obtain a job interview. As soon as you are invited to come for an interview, start preparing for it. The interview can determine the course of your career; it is one of the most important experiences in your life. You want the interview to go as well as possible.
Before receiving a job offer from an employer, you will typically have a series of interviews. The interview is the last step in the process to secure a job. You want to be well prepared for the interview because it can “make” or “break” your candidacy for a position. The type of interview or the number of interviews conducted may vary from company to company, from industry to industry, and from position to position. This section of the chapter discusses the various types of interviews: Screening, subsequent, telephone, video, online, group, and alternative. The employee selection process is important to the organization as well as to the potential employee. Both parties in the interview process are looking for a mutually beneficial relationship in which the qualifications of the applicant meet the needs of the employer.
1. Screening Interviews. 2. Telephone Interviews. 3. Face-to-Face Interviews. 4. Computer-Assisted Interviews 5. Video Interviews.
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Wi-Fi, Bluetooth, iPod, blog, wiki, GPS, and smart phone almost every day brings a new technology term related to communication. Wireless technology and tiny high-capacity computer chips enable on the go communication: talking on the phone, using Internet and e-mail connections, viewing videos and movies, and listening to music or recorded audio broadcasts. Small electronic devices such as handheld computers (also called personal digital assistants or PDAs) provide portability for speaking, writing, listening, or viewing messages via wireless technology and extend the ability to send or receive messages at any time or place. Technology advances allow individuals to self-select what, when, and where messages are received and sent. Internet blogs, wikis, and other specialized web locations open new possibilities for writing or audio-broadcasting messages to audiences. Audiences for such communication self-select a particular website due to interest in the topic and the ability to choose a convenient time for viewing, responding, or listening. Current technology advances and trends include these characteristics: • Portability via small, wireless computer devices for on-the-go communication. • Audience selectivity of topic, media, time, and place for receiving and sending
messages • Convergence of audio, video, text, photo, music, Internet, and phone devices
Major technology trends affecting business communication may be summarized as portability, specialization, and selectivity. These trends increase consumers’ control of what, when, how, and where they send and receive messages. In addition, technology brings new ways of working and collaborating as well as new work locations.
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Wi-Fi: Wireless fidelity Internet connections at places called “hot spots” that connect to the wireless signal. Laptop or handheld computers with wireless cards can access these signals. Bluetooth: A wireless technology that allows computers to share files, manage e-mail, and access GPS from a desktop or handheld computer. Podcast: An audio broadcast that posts on the Internet and can be transferred and played on an iPod or other digital music player. Listeners can subscribe to the show for automatic updates and use special software for transfer to a handheld player. Also, podcasts can be purchased and downloaded from the iTunes Music Store. Blog: A short term for web log. This is an online diary on a web page and can include posted text, photos, or links to other sites. Almost any topic can be blogged. Wiki: A collaborative website similar to a blog but that allows anyone to edit, delete, or modify posted content. GPS: A global positioning system that uses satellite technology to request or receive directions from your location to your travel destination. Smart Phone: The next generation of cell phones. A wireless, Internet-connected phone capable of most functions a personal computer can do, including easy-to-use software applications.
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In this section, you will learn about legal and ethical considerations for the use of communication technology. Legal issues pertain to laws prescribed and enforced by a governing authority. Ethical issues relate to value systems and cultural beliefs about what is acceptable or unacceptable behavior. Ethics are principles of conduct governing individual or group behavior. Technology brings with it a number of legal and ethical challenges. These issues pertain to copyright and privacy as well as employee behavior and organizational actions.
Cell Phones and Other Mobile Devices: Ethical and legal issues pertinent to the use of cell phones, handheld computers, and other telecommunication mobile devices evolve as rapidly as the technology itself. Issues center on using these devices in a manner that respects the rights, safety, and privacy of others. Legislatures have considered laws restricting the use of cell phones in automobiles, citing the danger of driver distraction during phone conversations. Employers should take notice of this risk if employees are conducting business by phone while traveling by car. Employers may consider banning cell phones while driving on company time or requiring hands-free cell phones. Another questionable cell phone practice is the use of its camera to take pictures of people without their knowledge. This becomes even more an invasion of privacy if the pictures are embarrassing to the subject or posted to the Web for others to view. If such pictures are published, to the Web or otherwise, legal action may result. Ethical use requires courtesy, respect, and concern for others. A common heuristic or experiential guide for individual rights says that your rights end where the other person’s begin. In other words, if your behavior becomes excessively intrusive or dangerous to others, your behavior exceeds your rights. E-Mail and the Internet: Whether employees work on-site or off, organizations are concerned that workers use technology appropriately. Misuse of e-mail and Internet such as exchange e-mail with
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family and friends, forward jokes to coworkers and others, play games, engage in day trading, or just surf the Web, these resources not only threatens productivity and creates legal concerns but also may endanger the company’s image. Legal concerns about misuse of e-mail and the Internet relate to liability and privacy. Most employers want to trust employees and respect their privacy, but they fear the organization will be liable for the content of e-mail. Computer systems can retain messages long after they have been deleted from the user’s mailbox. Gossip, derogatory comments, lewd or obscene messages or graphics, harassing messages, or any number of other items could be retrieved from e-mail files and used as evidence in court cases. In addition, having such messages originate or circulate within the workplace negatively affects the organization’s legal responsibility for a harassment free environment, could ultimately tarnish a company’s good image, and decreases productivity. Organizations often choose to develop clear policies on the use of e-mail and other company resources. Such policies become a part of the employee handbook and alert employees that the Internet sites they visit and their e-mail and voice mail are not private. The final word of advice for employees is to treat e-mail, voice mail, and other electronic messages as if they will be public knowledge. Confine messages to business, and limit the time you spend communicating with family and friends while you are at work. Accessing pornographic websites, sending sexually suggestive messages, or revealing company trade secrets is a recipe for losing your job and may result in legal charges.
Computer Fraud: Illegal uses of the Internet include attempting to gain unauthorized access to the computer systems of others or deliberately attempting to disrupt the computer system or destroy data by spreading computer viruses or using other means. Computer viruses and worms disrupt businesses and Internet connections. A virus program attaches to a file and replicates itself, corrupting the data of the invaded file or attempting to crash the machine. Another type of computer virus encrypts files on the hard drive of computers, locking them to the owner. The owner receives a ransom message demanding online payment for the digital key to unlock the files. Worms are a type of computer virus that invades a computer, stealing its resources and using networks to spread itself. Small programs can be attached to an unsuspecting, unprotected third-
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party computer site. Such a program can send millions of requests for information from that computer to others. Organizations use firewalls and filters on their computer systems to protect their data, but hackers or terrorists have the capability to breach this security. Antivirus software companies continue to update protective software as new viruses occur. Therefore, you should regularly install antivirus software updates as they become available.
Copyright: Original works of authorship—including written works, art, music, photographs, multimedia, and computer software—qualify for copyright. Copyright is a legal right of the owner to control reproduction, distribution, and sale of the work. Legal use of copyrighted material obtained from the Internet follows the same fair-use guidelines as are applicable to printed, electronic, or other types of work. Copyright law grants a right of fair use to the public. If you are quoting material, be sure to quote it accurately and give credit to the source. Further, you cannot be certain material is free of copyright just because you do not see a copyright notice on the material. In most cases, protected work would have the symbol © or the word Copyright followed by the year. However, a good practice is to cite the source if in doubt about the copyright. Illegal copying of software is software piracy and can result in severe legal penalties. You can copy software that is freeware; however, shareware restricts copying. Copyright laws protect commercial software. Laws governing copyright and the fair-use doctrine are complex. Most libraries have the material published by the U.S. Copyright Office on these topics. Business communicators must make themselves aware of the laws and guidelines that apply to their messages.
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Internet research is controversial. Technology makes it feasible to gather Cookies:data about computer users without their knowledge or permission, a practice that many consider unethical and an invasion of individual privacy. As experienced computer users know, many e-commerce sites use tracking software that stores information about you on your computer in a brief text file called a cookie. This stored file can be read each time you visit their site; it enables you to be greeted by name when you return to the website and may include your encrypted credit card information to eliminate the need for reentry of data upon subsequent orders. Objections arise because web advertisers may secure information from these files to track your preferences and online shopping habits. To allay concerns about cookies, organizations frequently include a privacy statement on their websites that explains types of data gathered and their use.
When the same e-mail goes to multiple persons who, given the Spam E-mails:option, would not want to receive it, the message is considered spam. These mass mailings often promote questionable products, schemes for making money, or services that are only marginally legal. Responding to spam usually leads to more spam and can lead to harassment and identity theft or attempts to steal your credit card number. Organizations use software filters to block some of the spam. It is difficult to block too many terms, or information may be blocked that is not spam. If a persistent spam message comes repeatedly, you can have all messages from that e-mail address automatically sent to Trash.
Phishing is a common problem with e-mail and sometimes with the phone. Phishing:The phisher uses a logo or other identifying information that appears to be that of a reputable company and asks that you verify your personal information. Sometimes phishers say that they are from a fraud investigation unit or that you have won a prize and must verify your personal information. Legitimate companies don’t ask for your personal account information by phone or e-mail, except in sales transactions and on encrypted sites. If you receive a phishing e-mail that asks for personal information, don’t open the link. The phisher is an identity thief. Don’t provide your personal information to anyone unless you have verified that person’s identity with a trusted source. If you give account numbers, PINs, or passwords to a phisher, immediately notify the companies with which you have accounts. Also, report the phishing e-mail to the company that was falsely represented.
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REFERENCES
1. Business Communication 7th edition by KRIZAN, MERRIER, LOGAN & WILLIAMS
2. Business Communication Process & Product 7th edition by MARY ELLEN
GUFFEY & DANA LOEWY
3. Business Communication Today 9th Edition by COURTLAND L. BOVÉE & JOHN V. THILL
4. Essentials of Business Communication 8th Edition by MARY ELLEN
GUFFEY & DANA LOEWY
5. Effective Business Communication by Herta A Murphy, Herbert W Hildebrandt, Jane P. Thomas.
