Executive Summary
Two reports on this case narrative have been drafted into two different perspectives,
LDS and Non- LDS perspectives. The purpose of these reports are to help Taylor with his
decision to either expose his ex-partner Harry, go to court, or simply clear his own name. Harry
is partly to blame for their initial business adventures, and Taylor must decide whether to go
after Harry for what he has done, or to try and solve the problem by discussing the issue with
Harry.
Although Taylor was at fault by not obtaining anything in writing when he left the
company, Harry has no right slandering Taylor’s name through e-mails and other
correspondence to other companies. Taylor has debt from their partnership, and he needs a job
in order to support himself and his family.
The reports from both perspectives conclude that Taylor should try and clear his name
by approaching Harry. By doing this, he can explain his circumstances, and they can resolve
their issues in an ethical manner. The outcome of this meeting will depend greatly on Harry’s
reaction. Harry could decide to reach an agreement with Taylor and put a stop to the slandering
e-mails, or he could simply ignore Taylor’s requests. If the latter action is taken, then Taylor
could try and take Harry to court.
MEMOS
To:
From:
Date:
Subject:
Kirtland Management group
Aaron T. Camacho ATC
October 1, 2008
Far West Case Narrative Analysis
Thank four you intriguing case narrative. The conflict between Harry and Taylor was very
interesting. By the end of the paper I wanted continue to be able to find out what Taylor finally decided.
It would be a difficult decision to make.
However, a question arose as I read exhibit number four and exhibit number five. Exhibit
number five claimed that Taylor was being fired because word was received from his previous employer
that he had taken “Intellectual Property” but, I find no mention of intellectual property in the letter that
Harry wrote to Atomic Software. This may be because you wanted a more dramatic affect on the
slander proposition. What was the reasoning? Let me know.
Also, why did Taylor decide to leave without any documentation? He may have reasoned that
he could have trusted his long time partner and friend but that is a foolish thing to do in the world of
business. In some ways Taylor deserves what he got because he acted carelessly as his old partner dealt
with him unethically. If Taylor is to fix the problem he needs to obtain some type of documentation
then, and only then, can he approach Harry with a plan of rebuttal so that his name and reputation can
be cleared.
To:
From:
Date:
Subject:
Kirtland Management group
Nathan George NG
October 1, 2008
Far West Case Narrative Analysis
In this study there are several things that I noticed. One is that the options are very limited, and
because of past choices on the part of Taylor there aren’t very many options available now.
The question was presented, “What should Taylor do to clear his name?” To me there are only
several options. The first is he can pretty much do nothing except in the interview. He can explain the
situation, provide evidence, and hope that the company that he is trying to work for will believe him.
There are several problems with this. First, he might not be able to convince the business of his stance
and situation. Second, this will only solve the problem with the single business and not every one else.
Also, to explain the situation he would have to explain everything, and Taylor might not want to explain
everything that happened in that situation.
To me this might be one of the options available.
The
other one I see is that he can move to a different location. This will take him away from the reputation
and allow him to be considered on even grounds. Of course, this is only a temporary solution to the
problem. Harry might be able to darken his reputation wherever he goes. This would also be seen as
running away from something, and therefore people would consider him guilty of an act that he didn’t
commit.
There was another question asked and that is, “Should he try to expose his ex-partner Harry?”
This is my opinion, if Taylor has enough evidence to be able to expose Harry and take him to court. I see
this as one probable solution that would help Taylor. There are several downsides. First, Taylor might
not have very much evidence. As he is out of the company and unable to access records he might not
have the proof needed to convince a jury in court. Second, this would be costly and it is very risky,
depending on the evidence. Obviously Taylor is in no situation to be able to have bills and more
expenses in the process. This solution also depends on contracts or forms that Taylor signed when he
left the business. This is what I think about exposing Harry and taking him to court.
These are the options that I have reviewed and thought about as I have read this case study.
Personally, I do not agree with any of them. They all have very critical goods and bads depending on the
evidence and temperament of Taylor, which seems to be a very quite one. If I was Taylor I would have
tried to approach him as he was embellishing cash, and try to take him to court. Then I believe that you
would have the proof and money to do what needs to be done. This is what I consider was important
and not important in this case study of Not So Soft Software.
To:
From:
Date:
Subject:
Kirtland Group
Jerrile’ Zachreson JZ
September 30, 2008
Case Narrative Recommendations
As I read the case that Far West has submitted I was appalled at the conduct of Harry
Smith. Taylor Jones has a problem that needs to be rectified. I have been contemplating for
hours to decide what my suggestion would be on how to handle this situation and I would
recommend the following.
I feel that Taylor Jones needs to act on this right away. I am recommending that an
attorney is hired to conduct a full investigation. It needs to be handled in a professional
manner. With the accusations that have been suggested by Harry Smith this needs to be
handled in a different manner than Mr. Smith is handling it. Mr. Jones needs to be able to
document whether he has been embezzling from Red Storm Entertainment. So I am
recommending that we try to obtain a court order to have an audit done on the books of Red
Storm Entertainment. As we investigate this matter we may even have a CFE (a certified fraud
examiner) come in and determine where the fraud took place. Maybe if we can document the
fraud we can give Mr. Jones another chance in his field and maybe we can prosecute Mr. Smith.
I am also concerned with the great financial loss that Mr. Jones has entailed from this
business relationship as well. He invested $100,000 and is still paying on the loan even with the
partnership breakdown. If we can show fraud on the part of Mr. Smith then maybe we can
recoup some of Mr. Jones’ investment.
I am sure that an attorney that has this as their specialty would be able to help us on
this matter. Even if Mr. Jones wants to just walk away from the financial end of the business
deal something needs to be done for the restoration of his character and his ability to work in
his chosen field.
To:
From:
Date:
Subject:
Kirtland Management Group
Eden Williams EW
September 30, 2008
Far West Case Narrative Analysis
Taylor Jones made more than one mistake in this scenario and these mistakes may have
been little at the time but the effect of them afterward cost him his career in that area. It is
unbelievable what some people will do to get ahead in the business world and how absolutely
unethical it is.
There are many things that Taylor should have done. First of all he should have been
more aggressive with Harry and his embezzling from the company’s funds. This was the major
problem. Even though they were friends overlooking the embezzling could have cost them the
whole company. In this situation though, it was probably the best thing for Taylor to leave, but
Taylor should have resigned instead of being asked to leave. Then when other companies
would hire him it would be his word against Harry’s. Taylor could have used that to his
advantage in saying that unethical practices were happening in the business and that is why he
left.
Since Taylor did not act in the way he should have, his options are very limited now.
Clearing his name could be next to impossible. He could take Harry to court, but the
appearance of the events that took place is not to his advantage and he would probably end up
losing money that he doesn’t have. The best thing that Taylor should do is leave that business
area all together. This is a large move and many risks are involved, but the risks of staying
around are probably just as great. One other idea that Taylor could possibly do is start up his
own company. I don’t know exactly if this would work, but maybe if he took initiative to clear
his name in making his own company he could regain some credit.
To:
Kirtland Management group
From: Adriana Olguin AO
Date: September 30, 2008
Subject: Far West Case Narrative Analysis
It is interesting what can happen when a business plan goes sour between two friends.
Harry over stepped his bounds when he sent out that false letter to Taylor’s new employer. This
act was unethical and uncalled for. Taylor was just looking out for the good of the business.
First off Taylor needed to confront Harry about not receiving his pay off. In their
partnership contract it should have stated what would happen if one partner was to leave the
company. Taylor should have acted then. However, since he did nothing about that, he let
Harry know that it was possible to take advantage of Taylor.
The next move for Taylor is unclear to me. I can not seem to grasp the idea that Taylor
let another scheme of Harry’s go by with out taking action against it. Once he received the
letter from his new employer he should have stepped up and told his boss that it was a false
accusation made against him. Though since he didn’t stand up for himself I don’t think there is
much he can do about the situation.
Taylor has waited too long to try to clear his name, the word has spread through the
town that he is not a trustworthy employee. If he tried to take this situation to court he
wouldn’t get very far for he never took any action against what was happening to him. I fear the
court would rule against him. The only solution here would be to move to a different location
where he can start fresh and learn from his mistakes.
To:
Kirtland Management group
From: Jace Briggs JB
Date: September 29, 2008
Subject: Far West case narrative analysis
The conflict between Taylor and Harry is quite interesting. The first thing that comes to
my mind is that you should never do business with family and friends. Anyhow, I thought that
Taylor should have done something when he was initially asked to leave the company. I think
that he made a bad decision by just simply leaving.
If Taylor decided that he no longer wanted to work with Harry, he should have explored
some options before leaving. He should have sat down with Harry, and decided how they were
going to dissolve the partnership. He could have negotiated a deal in which Harry would give
him so much money to leave. While doing so, he could have gotten it all in writing to protect
him legally.
After Taylor left he didn’t get any money. Harry didn’t pay him off, and Taylor did
nothing about it. He now can’t even get a job because he has a bad reputation. I think that
Taylor must either keep working hard to find a new job, or just simply find a job in a different
location. I think that if Taylor were to take this to court, he would probably lose money. The
case never explained whether or not they had a deal in writing upon Taylor’s departure. If they
had agreed to some kind of contract, then I think Taylor could probably take Harry to court and
win. If Taylor just decided to leave without signing anything, then I think he would lose in court.
I guess Taylor could decide to fight back with Harry, and start spreading rumors to Harry’s
customers. This might not be very profitable either. Maybe the best thing for Harry to do know
is search for another job in a different location.
Not so Soft Software
LDS Recommendation Report
Purpose
Our purpose in this investigation is to analyze, discuss, and choose the option that
would result in the best outcome for offender and offended. Thus, a first-class conclusion can
be found for Taylor and Harry alike.
Method of Investigation
Our investigation consisted of group opinion, and principles and articles from The
Church of Jesus Christ of Latter-day Saints. In this article we believe that anything, “honest,
true, chaste, benevolent, virtuous, and in doing good to all men” (article of Faith 13), should be
the basis for the recommendations made. Thus, in our method of investigation we believe in
giving equal opportunity for each party to improve and better themselves by implementing the
principles found in The Church of Jesus Christ of Latter-day Saints.
Criteria
Our decision is based on Harry and Taylor’s actions towards each other and their
company.
Explanation of the problem and the Situation
Taylor and Harry started “Not so Soft Software” company as equal partners. Due to
financial concerns, Taylor confronted Harry. Harry did not agree with Taylor and this upset him
so he asked Taylor to leave. Upon leaving, Taylor did not receive his payout and decided that it
was not a big concern to him. Now Taylor can’t find a new job because his old business partner
is ruining his reputation by sending letters to all of the software companies. Taylor must decide
to either leave the area, or try and make things right with Harry.
Conclusions

Harry is to blame for many of the initial problems in the business. He should bear an
equal portion of the blame for the problems that occurred within the company.

Taylor shouldn’t have left the company so easily. He should have gotten contracts in
writing stating the amount of money he was to receive. He should have also gotten
documents to prove that Harry had embezzled money.

It is unethical for Harry to send dishonest e-mails and letters to all the companies in the
area.
Recommendations/ Rationale Section

Taylor should contact Harry and set up a time to meet together and discuss the
situation.

Taylor should explain the problems that are being caused by the information Harry is
spreading about him.

They need to make amends so that Taylor can find new employment without having to
make the situation any worse than it already is.
Discussion Section
Taylor needs to deal with Harry in an honest and ethical manner. If Taylor decides to try
and ruin Harry’s character, the problem between the two could become even larger. “The
continued survival of a free and open society is dependent upon a high degree of divinely
inspired values and moral conduct, as stated by the Founding Fathers. A great need today is for
leadership that exemplifies truth, honesty, and decency in both public and private life” (Haight,
1987). Although Taylor could feel upset and hurt, he must show inspired values and moral
conduct in the way he deals with Harry.
Taylor must be aware of his actions, “For the decisions we make and the way we behave
are what ultimately shape our character” (Peterson, 2001). Since Taylor’s character is already
in question, he needs to make sure that the actions he takes to clear his name will not ruin his
name even more. His actions must be actions and not reactions to this situation. In order to act
clearly, he needs to step back from the situation and evaluate what would be the correct way
to deal with Harry.
If Taylor elects to contact Harry and discuss the issue, they could make amends and
move on with their careers. They could discuss their differences and find a way to forgive one
another. Christ counseled to forgive one another our trespasses. (Luke 17:3) They might both
be at fault in one way or another, but if Taylor is humble and kind when he speaks with Harry,
they both could reach an agreement. Taylor might have every right to be angry, but sometimes
it’s best to not get upset. Marvin J. Ashton mentioned, “Contention stops progress” (Ashton,
1987). When Taylor and Harry meet they need to make sure that they do not let anger they feel
towards each other ruin the meeting. For that anger will stop the progression being able to
work through their problems. “Anger, hatred, and contention are foes not easily subdued”
(Monson, 2004). Both Harry and Taylor need to put what they feel to the side for a moment so
that the two can resolve the issue at hand.
During this meeting, they both could open up about things that are bothering them in a
peaceful setting. Taylor could explain to Harry that he isn’t out to ruin the business they had
together or his reputation. He could explain that he simply needs to find a job to support his
family. There is also a good possibility that Harry is going through tough times, and he is
slandering Taylor because he is frustrated. They both could be going through troubled times
and they could let these troubled times serve as a catalyst for introspection and soul searching.
(Fyans, 1982) By meeting together they could resolve their differences and move on.
References
Ashton, M. J. (1987, November). There are many gifts. Retrieved October 3, 2008, from The Church of
Jesus Christ of Latter-day Saints: http://lds.org/ldsorg/v/index.jsp?vgnextoid=2354fccf2b7
db010VgnVCM1000004d82620aRCRD&locale=0&sourceId=828e79356427b010VgnVCM100000
4d82620a____&hideNav=1
Fyans, J. T. (1982, May). Employment challenges in the 1980's. Retrieved October 3, 2008, from The
Church of Jesus Christ of Latter-day Saints: http://www.lds.org/ldsorg/v/index.jsp?vgnextoid=
2354fccf2b7db010VgnVCM1000004d82620aRCRD&locale=0&sourceId=7053aeca0ea6b010VgnV
CM10000 04d82620a____&hideNav=1
Haight, D. B. (1987, November). Ethics and honesty. Retrieved October 3, 2008, from The Church of
Jesus Christ of Latter-day Saints: http://www.lds.org/ldsorg/v/index.jsp?vgnextoid=2354fccf
2b7db010VgnVCM1000004d82620aRCRD&locale=0&sourceId=fb4e79356427b010VgnVCM1000
004d82620a____&hideNav=1
Monson, T. S. (2004, November). Finding peace. Retrieved October 3, 2008, from The Church of Jesus
Christ of Latter-day Saints: http://lds.org/ldsorg/v/index.jsp?vgnextoid=2354fccf2b7db010Vgn
VCM1000004d82620aRCRD&locale=0&sourceId=5529d9cbdb01c010VgnVCM1000004d82620a_
___&hideNav=1
Peterson, W. S. (2001, November). Our actions determine our character. Retrieved October 3, 2008,
from The Church of Jesus Christ of Latter-day Saints: http://lds.org/ldsorg/v/index.jsp?vgnex
toid=2354fccf2b7db010VgnVCM1000004d82620aRCRD&locale=0&sourceId=354b8c6a47e0c010
VgnVCM1000004d82620a____&hideNav=1
Not So Soft Software
Non-LDS Perspective
Purpose
Our purpose is to explain, analyze, and make recommendations on Taylor Jones’
situation so that all parties involved have a satisfactory and fair outcome.
Method of Investigation
Our investigation is a group effort, in which a Non-LDS perspective will be displayed.
We will use law, journal, and other references to solidify our conclusions.
Statement of Scope
The scope of this analysis is to determine which action is best for Taylor Jones to restore
his reputation and good name. We will explore a couple of options which include legal as well
as ethical measures.
Explanation of the Problem and the Situation
Taylor Jones and Harry Smith first met when they were hired in a new start up company
called Red Storm Entertainment. They became really good friends and decided to leave Red
Storm Entertainment to start their own business in the video game market. Since this is
expensive both men took out personal loans of $100,000 to start off the company. To best
utilize each other’s strengths and weaknesses, Harry became the CEO and Taylor became the
COO. Soon enough, with two employees, Harry and Taylor opened the doors to their business.
The business struggled for the first couple months, but then they secured a contract with a
larger business. This business increased the number of their employees, which helped them to
get closer to the issuance of their first game. After having some success Taylor and Harry’s
outlooks for the business started to differ. Taylor also realized that the budget was not
following the original plan and after careful observation he realized that Harry was embezzling
funds from the company. Taylor decided to confront Harry on the situation, but Harry said that
they were right on schedule and completely dismissed the accusation of embezzling money. A
few months after this, their first project began to fall behind schedule and the tension between
Taylor and Harry grew. Eventually, the tension was so high Harry asked Taylor to leave the
company which Taylor did without any hesitation. He realized later that Harry would not be
rewarding him a payout, but decided to forget it and move on. Immediately Taylor sent out
resumes to secure himself another job and he was hired to be Vice President of a small
software firm called Atomic Software. Harry eventually heard the news and disliked the fact
that Taylor was hired by a competing firm. He decided to take matters into his own hands and
wrote an email to Mr. Hansen of Atomic Software explaining that Taylor could not be a trusted
employee. Shortly after, Taylor received a letter of dismissal. Taylor tried to find a new job, but
not only had Harry written Mr. Hansen, he had written all other companies in that area. His
only option now is to find a way to clear his name.
Conclusions

Taylor Jones options are limited because of the previous choices he made when he left
Not So Soft Software.

Taylor Jones must renew his credibility with those in his field.
Recommendations/Rationale Section

Taylor Jones could approach Harry Smith and try to resolve the problem.

Taylor Jones could try to retrieve proof of what happened through an audit, so in further
associations he can explain what really happened.

Taylor Jones could leave the area and not deal with the problem.

Taylor Jones could take Harry Smith to court.
Discussion Section
In this case study Taylor Jones had made some decisions that were not in his best
interest. He left the company without financial recompense, and he didn’t report Harry Smith
to the authorities while he was embezzling money. Obviously, Harry Smith profited from this
because Taylor received nothing in this transaction. Gregory Black says, “One of the basic
assumptions is that parties of an exchange relationship will act opportunistically without regard
for their exchange partners whenever they can further themselves or their organizations by so
doing” (Black, 2008). This was exactly what happened with Taylor while he and Harry were
partners.
There are several points to consider in regards to Taylor’s leave of the company. In this
case study there was no information provided on the legally binding contracts that Taylor and
Harry had in their business as a partnership. It would be beneficial to know how Taylor left the
business. He obviously had a loan of $100,000. Did this money disappear? Was it given over
to Harry? These are some questions and information that need to be answered in order for a
correct evaluation of the problem to be made.
Taylor cannot find a job because Harry has defamed him. Harry has accused Taylor of
several things that are not true, and no one wants to hire Taylor. What should Taylor do?
Aaron Larson says, “The most important defense to an action for defamation is ‘truth’, which is
an absolute defense to an action for defamation” (Larson, 2003). This should be Taylor’s
approach. He needs to provide the truth some way so that Taylor’s name can be cleared.
Taylor could take Harry to court. However, these do have some implications. One, the
news and publicity of taking Harry to court might advertise the “false statements” that Harry
had made (Larson, 2003). Second, is that “defamation cases tend to be difficult to win, and
damage awards tend to be small” (Larson, 2003). For these reasons a court case would be one
of the last resorts of Taylor.
Another option is that Taylor can leave the area, and look for jobs elsewhere. Taylor
would have to relocate while he is in a financial bind, and he would have to give up several
years of associations in that area. However, he could possibly find a job, and not have to deal
with the situation in his area.
The best recommendation would be to approach Harry and try to resolve the problem
peaceably and fairly between them. Laurie Dart says, “Ethics are based on moral duty and
obligation and are reinforced by accepted notions of right and wrong” (Dart, 2004). This
option provides the best ethically correct solution. It is also the duty of Taylor and Harry to try
to resolve this problem themselves. Laurie Dart states, “Duty can be defined as obligatory
tasks, conduct, service or functions that arise from one’s position (as in life or in a group)”
(Dart, 2004). If they both work together and resolve the problem both will be satisified with
the outcome.
If approaching Harry does not solve the problem then Taylor could consult an attorney.
This would allow him to be able to audit Not So Soft Software to obtain documentation proving
his credibility. This will allow him to present himself as a trustworthy and able employee to
businesses in his field. Therefore, clearing his name, and solving the problem with Harry.
References
Black, G. S. (2008, Winter). Trust and Commitment: Reciprocal and Multidimensional Concepts in
Distribution Relationships. SAM Advanced Management Journal (07497075); , 73 (1), pp. 46-55.
Larson, A. (2003, August). Defamation, Libel and Slander Law. Retrieved October 1, 2008, from Expert
Law: http://www.expertlaw.com/library/personal_injury/defamation.html
Dart, L. (2004). What is Ethics? PA Times , 27 (1), 4.