“Sexual harassment is degrading, inappropriate and embarrassing and has absolutely no place in the modern workplace. This article considers some practical ways of dealing with sexual harassment in the workplace from the organisational perspective.

Adopt a Clear Sexual Harassment Policy.

Any organisation will have a general policy about how employees should behave in the workplace, but a specific sexual harassment policy is becoming an increasingly popular means of communicating clearly to the workforce that inappropriate behaviour of a sexual nature, towards colleagues will not be tolerated. Remember sexual harassment whether in a verbal or physical form is a violation of another persons intimate space, which should never occur in the workplace. Organisations should strive to create a safe respectful working environment for staff.

Encourage Reporting

It is the organisation’s responsibility to encourage staff to report incidents of sexual harassment by making the process accessible to all and by being approachable and dealing allegations in a sensitive and confidential manner. Some organisations worry that this inflates sexual harassment incidents, but the reality is that very few employees would report such a serious matter unduly, although it can happen. However, fostering a culture where staff are actively encouraged to report incidents will quickly encourage staff to think before they speak or act in a sexually inappropriate way.

Take Allegations Seriously

It can be a difficult and anxious experience for a member of staff to bring an allegation of sexual harassment to the attention of their employer. Often employees have to overcome a number of internal barriers to do this including concerns about how they will be perceived by staff for reporting an incident and concerns about the effect reporting sexual harassment might have on their long term career within the organisation. All these are real fears for an employee and it is exceptionally rare for an employee to report a sexual harassment incident just for the sake of it. As such the organisation’s response should always be one of taking the allegation seriously and providing support to the alleged victim to make it easier for them to discuss what has happened.

All allegations should be investigated thoroughly by staff who are trained to do so and should be reported to the police with the permission of the victim where required in more serious cases. Remember slapping or patting someone’s bottom or touching another person without the individual’s consent is considered an act of assault in the eyes of the law. As such it is important that the organisation does not try to cover up sexual harassment allegations in a vain attempt to safeguard its reputation.

Educate Staff

Organisations should seek to spend time producing and communicating information about sexual harassment and about what is deemed inappropriate behaviour. Policy documents concerning sexual harassment should be provided to all staff and followed up with presentations to communicate salient points. Get staff discussing the topic in small groups so that they can learn from each other why sexual harassment is inappropriate as peer learning is an effective learning strategy.

Organisations should use posters around the office to highlight inappropriate behaviour. These can be a very powerful tool as it allows staff to challenge inappropriate behaviour or comments easily by drawing the attention of staff to the posters. This often addresses issues quickly and easily and guilty staff are left in no doubt about the organisation’s attitude towards inappropriate behaviour, without it being seen as an individual employee just trying to cause a fuss. This approach takes the emphasis off the employee and places it firmly onto the organisation to create a safe respectful environment.

Suspend the Alleged Offender During Investigations

If an allegation of sexual abuse is bought to the attention of the organisation then always suspend the alleged offender. Whilst this may seem severe in the absence of actual proof, it is unfair to ask the victim to continue to work alongside the person who may have committed the sexual harassment. Suspending the alleged offender gives them time to reflect on what they have done, if they know they are guilty and send a clear message about the seriousness in which sexual harassment in the workplace is viewed. If they are later found to be innocent then they will have lost nothing as they can return to their post.

Never suspend or remove the victim from the workplace, unless they decide they don’t want to be there, as this sends out the message that if you report sexual harassment you will be punished. Alleged victims should never be punished for reporting an incident.

Appoint a Competent Investigator

It is never appropriate for an individual with daily involvement with either party to investigate a sexual harassment allegation. It should always be undertaken in a sensitive manner by a trained member of staff, ideally from the human resources department.

This article was written by J Dawkins who created Friends and Money in March 2007. His site is dedicated to providing reviews of paid survey, social networking, and cash back shopping communities. His aim is encourage visitors to Make Friends, Earn Money online.

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Tags: Ethical, problems, employer, harrasment, law

“It took a while to recollect my thought to gathered my views and put it to writing. I was able to consolidate it, in reference from those events that trigger my curiosity. The past and present event that give me a sense of better understanding to be well equip and to handle a dynamic changes once in a while. A week from the first release of its initial series, its give a sense to fill the gap to put a level of continuity and write the second part series.

I find Saturday as a typical day to updates my writing. I run some search from my laptop to view my writing over some known search engine in the Internet. I run a full path search with the given title “Unmasking the Business Phantom Part 1 – Playing business without rehearsal”, and it give me a result just a somewhat fraction of a second, and its listed on the top of the first page. Several lines down from my view, there are entry with the very same title, but belong to different identities or entities as I may call it, that is posted on the web. It feed my curiosity to take a glance and view its content. It is my writing from the very moment I look at it, except it is posted by different author on the later date with minor changes on its content.

It gives me a broader view and level of understanding about the concept of right to state your ownership on a tangible asset. But for this one it may be a non-tangible or a copyright to considered. To emphases my own way to interpreting tangible asset on the a business perspective I stated it this way:

On my recent article titled “ The business I See It”. In reference to that in a re stated format that (we put people on the businesses who are well capable) and in that aspect they are require to be tangible same and parallel to tangible asset. And the Business Phantom is most likely to be same as a tangible asset. Tangible asset in business perspective are those peoples that whom you can entrust your business, someone who could interact from the bottom to top-level organization and has the capacity to overlay a solid foundation that will withstand oversize business adversities in each maximum extend. “I will be the last man standing before my ship fade away from the leveled horizon of the open sea”. I like to take that as one of my own quotation out from sizable capacity of our own mental thinking to embrace creativity.

On the other hand given to emphases a related approach to non-tangible asset, in my own view it may fall to a category of copyrighted work. Those work include from various artist such as photographer, musician, and like other creative professional with no exemption for writers. I may be out of the scope for my subject matter when I will over emphases the issue of copyright. Maybe there’s a need for me to create a separate article to fully comprehend ideas coherent to the title of the subject matter.

To the Phantom, the passage of clues is yet to be unveils, and your presence may be unnoticeable but your existence is undeniable. But am still going to search.

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Tags: ethics, review, law, business, training

We often don’t see the connection between the banks and our governments, because we have been sold the fiction that our government is all powerful, and the banks do what they are told.

Yeah, right! The power sits firmly where the money is, and that’s with our old friends the bankers. The Governments of this world do what they can to ease the flow of money into the banker’s coffers.

Witness two recent stories about the British Government that will leave you in doubt that it is always the bankers’ interests that come first, regardless of the detrimental effect on the people and the public purse.

The first story will quite obviously be the Northern Rock fiasco. £25 billion of tax payers money used to shore up a corrupt, mismanaged business. And our money will be paid back (hopefully) within 5 years. However, what our £25 billion does, is allow already filthy rich bankers and business people to buy what’s left of the Northern Rock without taking on its debts and being able to keep all the profits!

Indeed and, this helps the British taxpayer how? Of course, this scheme was dreamed up by the bankers at Goldman Sachs, and of course the bankers were looking to get the best deal for themselves and their cohorts, the British public be damned.

Oh and yes, this deal has been presided over by the UK government, Prime Minister Brown and his Chancellor in particular.

See more on this story at the Times here.

The second story about how the government bends over backwords to help the banks fleece us regards debt relief for people who find they are currently unable to pay their bills.

Currently, we have a system of Adminstrative Orders, which are long term debt management plans administered by the courts. Under these plans all interest on debt is suspended in return for people paying a set amount every month.

So, what would our helpful government like to introduce? New rules being proposed by the Government would enable consumers struggling to pay debts to apply for a court order to have a repayment break.

Repayments could be suspended for up to a year, but interest rates would continue to accrue. The orders will not be allowed to include such debts as mortgages, child maintenance and student loans. And, AND there would be a fee for taking out such a court order.

I’m not sure I see the upside here! However, the Chief Justice Minister Bridget Prentice says ‘Debt’s a problem that can affect anyone at any time. We want to ensure people who run up debts are given every opportunity to pay them off’.

Good for her.Good for the banks. Good for you? I’m not so sure. After all, even though you’re taking a ‘repayment debt’, the total you owe will be higher at the end of the break. Under the current system, no further interest is added to your debts, it’s clear which option serves you and your financial health best.

This administration has presided over policies and actions that have resulted in the UK having a current deficit of £43.6billion. They are further saddling us with another £25billion debt to cover the Northern Rock fiasco. This is money they don’t have because of the profligate spending this government embarked upon since taking office with Tony Blair back in 1997.

The next budget is not going to be able to do anything to stimulate our stagnant economy, no tax cuts, no government spending, because there’s nothing left! And who are we in hock to? That’s right, the banks!

Isn’t it time to step out of such a travesty of a democratic system. We pay over 60% in taxes, do you like where your money is being spent? We then have to try and afford a decent lifestyle even when faced with predatory lending practises and corporate greed.

Take a stand, open you eyes and see what’s really going on. Opt out of the bankers game, opt out of governmental control. Take small steps forward, but move forward to freedom

Cynthia Curry is an ordinary person who came across extraordinary information and now wants to put it into the hands of as many people as possible to help them get out of debt and exit the corrupt banking system.

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Tags: ethic, questions, review, business, law

“If you are a business owner or manager and are currently playing music in your venues or considering implementing music on hold, you need to be aware that the music you use must be licensed, or it will be considered illegal use of copyrighted music. If caught, you could be facing steep fines or possible legal action. The music industry is coming down hard on businesses that are unaware of or disregard proper licensing of copyrighted music, as is evident by a recent series of crackdowns on over two dozen venues in Seattle who failed to pay royalties on music they were playing.

(ASCAP) The American Society of Composers, Authors and Publishers, says that these venues have been performing copyrighted music without permission. ASCAP is now actively going after local businesses that have not been paying to use copyrighted music. According to their web site any music that is played outside a direct circle of family and friends is considered a public performance; this includes restaurants playing background music or commonly known as in-store music, DJs and music on hold over phone lines.

Fortunately, if you are unwilling or unable to pay expensive music licensing fees but still would like to play music in your venues or implement music on hold, there is a less expensive alternative, Royalty Free Music. Unlike most music licenses, royalty free music only requires a typically low one time fee, and the purchaser is then free to use the music as often and in as many different ways as they like. The majority of music licenses stipulate how the music is to be used, and charge additional fees accordingly. If you’re looking for music you can use without being restricted by fussy contracts, you should consider royalty free music.

If you’re interested in royalty free music for your music on hold or venues, but are hesitant about the quality and believe popular music is the only way to engage customers you can relax. In addition to being legal and affordable, royalty free music from reputable libraries can be as appealing as any music heard on the radio today. With cutting-edge technology and compositions by talented professional musicians, the quality of royalty free music is on par with popular commercial music.

Because of the rising number of lawsuits being filed by the music industry against those who continue to implement music illegally, and the high cost of synchronization or needledrop licenses, royalty free music is becoming increasingly popular. It’s well worth the low fee, particularly if it keeps pricy lawsuits at bay plus it is easy to obtain. Music copyright laws are becoming increasingly more strict and complicated, and it is up to you to keep abreast of and act within these parameters. Pleading ignorance seems to be an unacceptable excuse with performance rights organizations like ASCAP and BMI. If you want to play music and not run afoul of the law seriously consider royalty free music.

One good source for royalty free music with clean and simple licensing terms is Opuzz Royalty Free Music Library, one of the larger independent providers of quality royalty free music.

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Tags: legal, law, music, business, theme

“Our offices handle many different areas of law. One area in particular is Employment Law. Employment Law is one of the most difficult and complex areas to handle.

An area I have come across lately is employer retaliation against an employee. Below is a brief summary of what retaliation is. This will help you in picking the right person to handle your legal issues. If the person you speak to does not know the elements of retaliation watch out. They may not understand the complexities of this tough area of the law. This brief summary will help either employers or employees in understanding Retaliation.

DEFINITION

California law prohibits an employer, labor organization, employment agency or person from discriminating against any person because that person has opposed any discriminatory practice.

The Fair Employment and Housing Act proscribes retaliation more broadly than discrimination. The general prohibition against discrimination extends only to discrimination “against the person in compensation or in terms, conditions or privileges of employment.” In contrast, the prohibition against retaliation states simply that an employer may not “discriminate” against any employee who opposes discrimination.

To establish a prima facie claim of retaliation under the Fair Employment and Housing Act, a plaintiff must show that he engaged in a protected activity, his employer subjected him to adverse employment action, and that there is a causal link between the protected activity and the employer’s adverse action.

The California statute prohibiting retaliation discrimination is the Fair Employment & Housing Act (FEHA). CAL. GOV’T CODE §12900 et seq. The FEHA’s federal counterpart is Title VII of the Civil Rights Act of 1964. 42 U.S.C. §2000e et seq.

THESE ARE THE ELEMENTS YOU NEED TO PROVE IN WORK PLACE RETALIATION

PROTECTED EMPLOYEE

An employee is one engaged by an employer to do something for the benefit of the employer or a third person. CAL. LAB. CODE §2750.

EMPLOYER, LABOR ORGANIZATION, EMPLOYMENT AGENCY, OR PERSON

The FEHA prohibits an employer, labor organization, employment agency or person from retaliatory discrimination.

ADVERSE TREATMENT

An employer may not discharge, expel, or otherwise discriminate against a person who has opposed discriminatory practices.

RETALIATORY INTENT

The plaintiff must show a causal link between the employee’s opposition to a discriminatory practice or activity and the adverse action of the employer.

EXHAUSTION OF ADMINISTRATIVE REMEDIES

Before filing a complaint for retaliation under the FEHA, the employee must first exhaust available administrative remedies by filing a charge with the California Department of Fair Employment & Housing.

SO WHAT ARE YOU ALLOWED TO GET IF YOU CAN PROVE RETALIATION?

• Back Pay

• Front Pay

• Emotional Distress Damages

• Attorneys’ Fees

• Punitive Damages

STATUTE OF LIMITATIONS (SOL)

A plaintiff must file a discrimination charge with the California Department of Fair Employment and Housing (DFEH) within one year from the date of the most recent act of discrimination. CAL. GOV’T CODE §12960. This period may be extended for up to 90 days if the plaintiff did not learn of the discrimination within a year of its last occurrence. CAL. GOV’T CODE §12940. The employee must file a civil lawsuit within one year from the date that the DFEH issues a “Right-to-Sue” notice to the employee. CAL. GOV’T CODE §12965(b).

The Law Offices of Paul P. Cheng is a full service firm with its main location in Pasadena, California. Paul Cheng is a master communicator and has lectured to thousands of individuals in many different areas of the law. His goal is to empower the public by giving them the basic legal knowledge to achieve their goals. To get to know Paul P. Cheng go to this site.

Tempted? THINK AT LEAST TWICE! Retaliation can come in a lot of different shapes, and sizes, so let’s tune our discussion to Retaliation in the world of Discrimination Law.

Yes Discrimination:

· Age Discrimination

· Disabilities Discrimination

· Harassment

· Sexual Harassment

When an employee comes to management to talk about discrimination, particular care must be taken to listen intently, and respectfully to the views of the presenter. To do other than that can lead to an ever-worsening Human Resources Nightmare.

The very last thing you want to do is: retaliate.

Yes, I did want to scream that word out, but sometimes small, subtle pronouncements can catch your eye and seize your brain cells more effectively than shouting. Sure it’s tempting; nobody likes to discuss the negative subject of discrimination. But DON’T THINK IT, DON”"T PLAN IT, AND DON”"T DO IT!!!! In short: DON’T RETALIATE!!

Simply put retaliation damages you in several ways. For the sake of this discussion, lets assume that the worker does indeed have a valid case of one of the forms of discrimination listed above. If you retaliate against that worker, in just about any form, after they have initiated a discussion of discrimination, you will likely do the following:

· You vastly improve the employee’s case

· You lengthen the window of opportunity as relates to EEOC submittal

· You make the employee’s case easier to win, and more expensive to settle.

What does the U.S. Supreme Court say about retaliation? Let me give you this reference case for your consideration. This is one of the latest findings of THE court in the arena of harassment and sexual harassment. The court in its findings allows that the scope of consideration on Retaliation, is indeed wider and broader than the scope of consideration on discrimination law. The court specifically points out the writings of the Congressional writers of Title VII and allows that the difference in the writing enlarges the field of play in retaliation matters.

Of particular interest is the following:

· “”We conclude that the anti-retaliation provision does not confine the actions and harms it forbids to those that are related to employment, or occur at the workplace.

· We also conclude that the provision covers those (and only those) employer actions that would have been materially adverse to a reasonable employee or job applicant.

· In the present context, that means that the employer’s actions must be harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination.”"

Reference Case: Burlington Northern Sante Fe Railway Co. v. White
Pages 1 and 2 of the Opinion of the Court, June 22, 2006

Retaliation is very serious business. Most of us are familiar with the teachings that impart the thought: “”Treat Others as You Wish to be Treated.”" OK , I rewrote that, to be religiously sensitive shall we say.
But if you caught my drift, then let me suggest an Eleventh Commandment:

#11: Thou Shalt Not Retaliate!

Mr. Barger became interested in the subject of Sexual Harassment early in his present job. He then began a course of study ending in the 2001 awarding of a Master of Arts degree in Business. During that course of study, and since that time he has researched, reported on, and taught Sexual Harassment to Business Communication’s Strategies students, and Ethics students in the Business and Nursing Colleges.

More information on Harassment and Sexual Harassment can be found here
Bill Barger
Barger Specialties LLC

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Management is the process of planning, organizing, directing, coordinating and controlling. Pig management is the management which follows the same managerial process and has a comparison with lower management. It is impossible that a Pig can look at the sky. It only looks down and runs with other pigs without aiming.

A Few Indian Management (Industry or Institution) follows Pig Management. The nature of the management only gains the profit not providing quality. They have a comparison with lower industries and Institutions. They don’t like to see the sky and assent for quality management. They are happy about their profit. In case, they are not able to get Profit, they fire on their employees without searching for solution.
If they reach profit, they praise themselves.

The pig management needs the people those who are always praising the management without any reason and recognizes the person one who acts as smart without having any knowledge.

The rules which are created by Pig management are being destroyed by them and their followers. Rules are for others not for them. This is the mantra of Pig management.

Pig won’t provide any benefits to others and can find in the dirty place. Pig management won’t execute benefits but put blame on others.

Pig management gives more works to others and recognizes one who is not in the role.

How to avoid pig management:

The organization is succeeded, only if employees are encouraged to give new ideas and ask “W-H” questions. There should be informal meeting among quality circle to bring forth new concepts when they are free.

If pig is alone, it is so aggressive. Likewise, if management takes decision without allowing other pigs to enter, then they can be more aggressive.

Extolling is the dangerous poison for an organization. Encouragement, appreciation and recognition of the people pave the way to lead in a right path. Eulogizing always others or oneself affects the management. So that wisdom worker (Smart + Hard work) can not be identified.

The management should have round a clock with employees. Based on their contribution towards work, they should be recognized. The management should avoid the people who always praises and their followers.

The management should try to find out who are all cunning in nature and they should be penalized.

The management should encourage adaptive program for Women and Relationship building for all. Once in a month, they could arrange program for their family members.

Before closing my pen, Friends, Just think of yourself and identify your concern whether you follow pig management or not. If it is, it is red signal for your organization to eat poison by yourself. Open your eye and change the methodology of your concern from Pig to Ant management.

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Those of you, who believe gas price fixing does exist, raise your hand. My guess is that the vast majority of you raised your hand. Clearly, you now have some hard evidence to support your fear. Not that there should be any doubt about gas price fixing when virtually all gas stations in local markets sell gas at the exact or close to the exact same price. Never mind taking into consideration the record profits of petroleum companies.

The Canadian Competition Bureau (CCB) uncovered a gas price fixing scheme in Victoriaville, Thetford Mines, Magog, and Sherbrooke; all located in the province of Quebec. In all, eleven companies and thirteen individuals have been charged. To date, three companies and one individual have pleaded guilty and have been assessed fines totaling just over $2 million. The companies charged displayed the following banners: Shell, Petro-Canada Irving, Olco, Sonerco, Esso Irving, Ultramar, Petro-T, Irving and Esso. Please note that banners refer to the posted banner by the gasoline stations, not the specific oil companies.

Canadian laws make it extremely difficult for a conviction to be obtained. The law that governs gas price fixing states there must be evidence that competitors have made an illegal agreement to set those prices. The fact that they all sell gas for the same price is not considered evidence.

The CCB receives numerous complaints about gas prices, and in March 2006 published a fact sheet on gas prices. Contained therein is the statement: “Retailers usually post their prices on large street-side signs. Since retailers know that the majority of consumers are very sensitive to price, gas stations often strive to meet or beat their competitors’ posted rates. As a result, competing retailers frequently charge similar or identical prices.” So it would appear that they felt there was some justification for similar or identical prices.

What is amazing is that those charged were so confident they would not be caught that they phoned each other and set the price they would charge customers for gasoline. Fortunately for the consumer, the CCB utilized the resources available to them under the law to catch these offenders. Resources included wire taps, searches and an immunity program for whistle blowers.

While I applaud the Canadian Competition Bureau for their actions in this case and for offering proof that gas prices are indeed sometimes fixed by retailers, I seriously doubt this will deter others from attempting to fix gas prices. Why? The profits are just too great.

For a complete list of the charges, click here

Visit author’s here to continue reading.

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Tags: law, legal, ethical, business, cases

Not too long ago, I brought together all of the department heads of our organization in order to establish and clearly define our company’s core values. One of the questions I posed was, “What values are important to us?” Not just as individuals, but as an organization.

History teaches that many companies soared to success for a few years, only to come to a crashing halt. The reason? No clear established values.

As I stated in our last newsletter, values guide each and every decision. Unless the values of your company are clearly defined and communicated, your employees will become dis-unified and will work from their own script. Ultimately, an organization can only exist for so long under that mode of operation.

I cannot stress enough the importance of clarifying your organization’s values. It is a tedious process, but plays a major role in the duration of your company’s success.

As promised here are those three questions to help you clearly define your organization’s values.

If you have not clearly defined your organization’s values, I encourage you to call a meeting today with all your team leaders and cover with them these three questions:

1. For what do we want to be known?

2. Why do we do what we do?

3. What contribution do we want to make in the world?

Bonus: Here are the values of RTI:

1. Excellence – Always strive to get better.

2. Family – Family before work.

3. Integrity – Do what is right regardless of the cost.

4. Service – We exist to serve.

5. Accountability – We are here to help each other succeed.

The Art Of Distinction – 10 Questions That Will Help You Separate From The Crowd. By Dr. Robb Thompson

What separates you from others? What causes you to stand out from the crowd?

In his latest book, Robb Thompson breaks down the simple keys to becoming a person of distinction. You are rewarded for your differences not your similarities. Choose to rise above status quo and learn the art of distinction. In this dynamic book you will learn:

the 10 vital questions that will cause you to separate from the crowd

3 steps to get ahead in your career and relationships

what it takes to build a winning “life-team”

how to overcome the giant named “failure”

And so much more…

Don’t put of another minute learning the true Art of Distinction.

Robb Thompson Coaching was created with you in mind!

Through this dynamic program, you will experience the results you’ve always wanted. With personal coaching, we look to solve the three most common problems you face as a leader:

1. Imbalance

2. Broken focus

3. Unfulfilled relationships

As a result of going through our personal transformation system, you will walk in freedom and peace in every area of your life, you will become crystal clear about what you want and how to get there, and you’ll experience fulfilling and lasting relationships.

Don’t miss out on an opportunity of a lifetime. Allow RTI to assist you in achieving your dreams.

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Tags: ethical, questions, legal, law, business

Lawsuits are becoming a worldwide menace. Everyone should be afraid of lawsuits. You might think, “I’ll never be sued”.

How wrong you are!

It’s so easy being sued now days. Why?

Direct & Indirect Liability

We all know that we can be sued for direct involvement with an accident or by negligence.

You can also be indirectly involved with a lawsuit. Joint & Several Liability is a legal concept used globally to drag innocent bystanders into lawsuits.

Here’s how. Theft, Fraud, or Personal Injuries caused by your Spouse, Business Partners, or Employees can make you liable.

You can be sued and become “jointly and severally” liable for an injury to someone without having been personally negligent. All that is necessary is that you were connected in some way. If you are dragged into a lawsuit and the other defendants are without assets or insurance, you may end up being held liable for the full amount of the judgment!

WHAT ABOUT INSURANCE?

Many lawyers recommend you purchase at least $1 Million insurance for each of your businesses, homes, land, cars, motorcycles, and boats you own.

This will cost you $ thousands in premiums every year depending on how large a deductible (which you’ll pay to the plaintiff) you are willing to afford.

Is that enough?

$ MILLIONS CAN BE AT STAKE

Here are some recent civil court judgments from the United States:

$84.5 million for children drowned and brain damaged in a swimming pool.
$7 million to a laborer who lost a limb at work on a construction job.
$5.87 million for sponsoring a party where a guest later caused an auto accident.
$2.7 million for spilling some hot coffee on the legs while driving.

In addition to the court award, you must pay $ Thousands to your defense attorney! You will also endure a lot of wasted time defending yourself and your reputation. Let’s not even get into the physical & psychological Stress.

Not Just in the USA: Citizens of Canada, Europe, Russia, Central & South America, and even communist China are being sued for similar injuries.

HOW CAN YOU PROTECT YOURSELF?

The best solution is to strip you of all assets and become what is known as “judgment proof” amongst the personal injury trial lawyers around the world.

Most lawyers charge their clients no direct fee for filing a personal injury lawsuit. This is known as a “contingent” fee. It means that the lawyer will collect no fee unless he wins the lawsuit and can collect the court awarded judgment amount.

Before a lawsuit is filed, a careful lawyer will research the defendant’s ability to pay a court judgment. If the defendant is “judgment proof”, (he has no insurance, no ownership of assets that can be seized to pay off a court judgment) the lawyer will not want to sue that defendant. That’s because the lawyer will spend all of his time and money pursuing a lawsuit with no hope of ever being paid.

So, how can you make yourself Judgment Proof?

OFFSHORE CORPORATIONS & PRIVATE INTEREST FOUNDATIONS

Domestic Corporations: Owning a corporation set up in your own country may provide a little protection. However, a domestic corporation can be sued as well. In addition, your shares in a corporation are assets in which a judgment creditor can seize. So-called “Limited Liability” corporations, companies, and partnerships don’t really offer you bulletproof limited liability.

OFFSHORE CORPORATIONS: A better solution is to set up a corporation outside of your country (offshore). An Offshore Corporation can own real estate and vehicles in your country. For even better protection, set up different Offshore Corporations so each one owns only one of your major assets. For instance, one corporation owns your cars, another owns one piece of real estate, and another owns different real estate. As the old saying goes: “Don’t put all of your eggs in one basket.”

PANAMA OFFERS THE ULTIMATE IN

ASSET PROTECTION

WHAT IS ASSET PROTECTION?

Asset Protection entails protecting your accumulated wealth from unnecessary taxation, frivolous lawsuits, burdensome governmental intrusion, and greedy relatives or in-laws.

WHY PANAMA?

Years ago, former British colonies like the Bahamas and the Cayman Islands offered anonymous corporations & secret bank accounts. Not any more. Even Swiss bank accounts are no longer secret.

Panama is one of the few remaining countries allowing you total anonymity with setting up business entities and opening secret bank accounts.

Panama’s Bank Secrecy Laws are the best in the world. Your funds remain private, confidential, and safe inside Panamanian banks.

Panama’s Corporation Laws are the strongest around the globe. Corporate shares are never registered with any government agency in Panama. Panama is one of the last countries allowing total anonymous “Bearer” shares protecting the identity of shareholders.

THE COMPLETE OFFSHORE STRUCTURE

You read about Panama Offshore Corporations. Their main purposes are to Protect your Assets and provide you with Privacy regarding your financial affairs. Let us explore the ultimate in Asset Protection and Privacy.

The Complete Offshore Structure is a combination of Panamanian legal entities. A Private Interest Foundation owns the shares of Offshore Corporations. This is the utmost in Asset Protection, Privacy, Anonymity, and Convenience!

Here is How It Works: Panamanian Corporations own all major assets (real estate, commercial businesses, commercial bank accounts, vehicles, etc.). The Foundation acts as a holding company for the Corporations. The Foundation also holds passive investment accounts and bank accounts.

What is a Foundation? The Panamanian Private Interest Foundation is a legal entity that acts like a Trust and operates like a Corporation. Law No. 25 of June 12, 1995 created and regulates Panama Private Interest Foundations.

The Panama Private Interest Foundation based on Private Interest Foundation models from three different jurisdictions: Liechtenstein, Switzerland, and Luxembourg. Panama carefully designed the Panama Private Interest Foundation as a more modern, flexible, and affordable Asset Protection & Estate Planning vehicle for people worldwide.

Banking: Panama has always used the U.S. Dollar as its official currency. Panama is a famous international banking center. Panama doesn’t share its banking information with any other country. It is a crime for any bank employee to disclose banking information to any third party in Panama.

Tax Haven: Offshore corporations and foundations do not pay Panamanian income taxes on income earned outside of Panama. Therefore, you can use your Panama entities to make money in other countries tax-free.

ASSET PROTECTION is necessary in today’s lawsuit crazy world.

While the steps we have summarized for you above may seem difficult and complex, they really are not. That’s because using experts who know how to set up Offshore Corporations and Private Interest Foundations will make this easy for you.

Lawsuit Protection can now be a way of life.

Steven Rich contributes to Go Panama is a new website dedicated to linking Panama to the world.

Visit us here.

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Tags: civil, law, ethics, morality, ethical

Over these past years one matter which has caused me great concern and which I have attempted to address is CORRUPTION.

When driving into Bethlehem leading a Pilgrimage I asked the Arab ‘Palestinian’ driver where all these new luxury houses came from and he replied – “From Gaza money”. And yet, the European Union and other Donor Agencies continue to give Aid in cash to Gaza and West Bank communities – where corruption is excessive – and to other nations too where sums of money appear to disappear!

Having investigated the financial sources for the luxurious new homes in Bethlehem and on the Gaza waterfront – and knowing that certain concerned leaders have requested that Aid be given in the form of materials for particular projects, such as drains – it will take someone with true grit and courage to say, “This is now what is going to happen.”

Morals affect morale much more than is realised.

Some years ago when twenty-two billion dollars were unaccounted for in Russia, financial advisers in Moscow appealed to the International Monetary Fund and The World Bank not to send more money.

I have written to The World Bank and The International Monetary Fund regarding this very matter and received bland replies.

But government agencies continue to send financial aid to areas where they know it will be squandered.

When someone comes to my door asking for money for a meal, I never hand over cash. If the caller thinks my cheese sandwiches and coffee are insufficient, I have an arrangement with a local restaurant, where the hungry man can have a substantial nourishing meal. I go and pay the bill the following day.

When a man asks for money for the train or bus to travel home following his relative’s funeral, I take the man to the train or bus station and buy the ticket. Surprisingly, the desire to travel frequently disappears.

No – I have seen money make its way to the nearest supplier of alcohol. I learned that lesson fast.

If such a simple convention can be applied in mini-micro-economics, why not in macro-economic dealings? Now – do not tell me it cannot be done – it can!

If there is anyone reading this short article who is able to do something practical about this most serious issue please arise, stand up, and raise this matter, so that the poor are no longer abused and so that the corrupt ‘leaders’ will no longer be able to line their very deep pockets and fill their ample bank accounts with money which should have been used in other ways.

Sandy Shaw

Sandy Shaw is Pastor of Nairn Christian Fellowship, Chaplain at Inverness Prison, and Nairn Academy, and serves on The Children’s Panel in Scotland, and has travelled extensively over these past years teaching, speaking, in America, Canada, South Africa, Australia, making 12 visits to Israel conducting Tours and Pilgrimages, and most recently in Uganda and Kenya, ministering at Pastors and Leaders Seminars, in the poor areas surrounding Kampala, Nairobi, Mombasa and Kisumu.

He broadcasts regularly on WSHO radio out of New Orleans, and writes a weekly commentary at this site entitled “”Word from Scotland”" on various biblical themes, as well as a weekly newspaper column.

His M.A. and B.D. degrees are from The University of Edinburgh, and he continues to run and exercise regularly to maintain a level of physical fitness.

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Tags: ethics, workplace, law, legal, corruption

In our previous article, we spoke about how to protect your business against natural calamities. Continuing along the same line of discussion, let us see how you can keep defend your small business from a disaster of another kind – a big lawsuit!

A lot of people are apprehensive when it comes to starting their own business, for a very specific reason, which has nothing to do with the conduct of the business, or market conditions. Their concern is the possibility of their business being dragged into a lawsuit and the consequent havoc it can wreak. Do we need to remind you that when an entrepreneur is taken to court, he not only loses money, but also time, reputation and peace of mind?

Here are some tips that may keep your business from being taken to court, or should the worst happen, help you win.

1. Be careful when dealing with employees.

Your employees can take you to court any time.

Whether they are stealing office supplies or sneaking out early, employees from hell are everywhere. And if you dismiss them, they might end up serving you with a court notice. So, before you show someone the door, we would suggest that you consult a lawyer who specializes in employment issues.

Added to that, you can read up on the latest Federal Employment Regulations on the websites of the Department of Labor, EEOC and OSHA. However, local regulations are often trickier to track as each state has different regulatory agencies. That’s where a lawyer’s expertise brings value.

2. Take care with contractual terms.

Very often, entrepreneurs discover that even if they win the battle, the court doesn’t allow them to recover the money incurred in the legal process, from the other party. To preempt this, include a clause in all your important contracts and agreements stipulating that in the event of a legal battle in which you emerge the victor, all your legal costs will be reimbursed by the opposing party.

Such a clause also helps to deter frivolous lawsuits, and encourages out of court settlement.

3. Check your business insurance policy.

Most business owners have no clue as to the nature and coverage of their business insurance policy. If you’re among them, waste no time in correcting the situation. Ask your insurance agent to tell you exactly what kinds of liability are covered under your current insurance policy. Should you find some obvious gaps, arrange to take additional cover – in times of trouble it will be well worth the expense.

In the age of unmitigated litigation, you never know who will take you to court, and for what reason! From employee or gender discrimination issues to product liability … all of these are potential reasons to be dragged into a legal tussle. It is best to be over-prepared than under-protected. Take heed of our advice while the going is still good.

Hi, I’m Akhil Shahani, a serial entrepreneur who wants to help you succeed. If you like to work smart, check out here. It’s full of articles and resources to help you start and grow your business successfully. Please visit us & download our special “Freebie of The Month” here

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Tags: business, law, legal, ethics, protect

Starting a small business is no child play! The rules and regulations governing enterprises might seem quite complex and more than anything…endless! While it might be a bit frustrating, it is very important to get the rules right before contemplating a new business. Starting with naming the business, right until expansion plans and beyond, the legalities must be taken care of to avoid greater trouble later.

Queries regarding the mandatory procedures and accompanying paperwork tops any amateur entrepreneur’s FAQ list. Some of the most basic requirements are as follows:

Business license: In the United States, a business license is a must in order to conduct a legal business. The regulatory authorities differ depending upon the location of the business. If you plan on operating within a city, then such a license can be applied for with the relevant authorities of that city only. Other countries will also have their own specific set of requirements.

Naming the business: So, you have a very catchy name for your business, eh? Better check if it is available, before you get sued for trademark violation.

• Register the name as a fictitious one if you plan on conducting the business in any name other than your own.
• In the U.S., sole proprietorships and partnerships will have to register their trade name with the secretary of the state.
• Likewise, corporations will have to register with the Department of Financial Institutions of that particular state.
• Register the trade name as a trademark if you intend to sell products under the same name.

Form of ownership: Business organizations could be of different types, such as sole proprietorships, partnerships, incorporated businesses, so on and so forth. Tax and liability issues are different for each and hence you may need to consult a legal expert for help. Some of the relevant documents that come into the picture are listed.

• Partnerships: Although not a compulsion, partnerships could file the articles of partnership with the state government. Buy and sell agreements between the buyers and sellers ought to be maintained for convenience.
• Limited Liability Corp. (LLC): Articles of organization, operating agreements, buy and sell agreements are some of commonly used documents.
• Corporation: A pre-incorporation agreement must be put in order. Approval for incorporation must be sought from the government after filing the articles of incorporation with them and in response, the state government will issue a Charter for Corporation, stating all the powers of and laws to be followed by a corporation. Buy-sell agreements must be taken care of as well.
• Sole proprietorship: This is among the simpler forms of business organization and involves very little paperwork.

Location: One may need to take zone permits for locating a business in a particular area, especially if it involves manufacturing or selling. The zoning department must be contacted for the same. Ensure that your business also has the relevant environmental permits, which is currently an area of great concern.

Employees: While hiring people, strictly adhere to immigration and child labor laws. The employment eligibility of new employees will have to be verified in accordance with Federal Immigration Reform and Control Act of 1986 and the relevant document is the Employment Eligibility Verification Form I-9. Compensation offered must not be in violation of minimum wage laws. The U.S. Department of Labor, Wage and Hour Division will give you all the relevant information on labor laws. An unemployment insurance tax will have to be paid to the state if you employ personnel for 5 months or more, or if you have paid out gross wages of $1,500 or more in a year’s time. The rates of taxation might vary from state to state.

Intellectual Property Rights: IPR, as it is known, should be used to protect your ideas from being misused or appropriated by others. You can either register the intellectual property as a trademark, or protect it under the Copyright and Patent Act.

Taxation: Legalities surrounding taxation must also be strictly adhered to. From the employee’s compensation, you will have to deduct taxes payable to the federal and state governments apart from the deduction for employee insurance. In addition, businesses have to pay taxes on their own income to the federal and state governments.

Health and Safety: Health and safety standards must be maintained at work in order to ensure the safety of employees. Most states have similar standards and for more information, contact the local OSHA (Occupational Safety and Health Administration) office. Every enterprise employing three or more people must provide for insurance against on-­the-­job accidents. More information can be obtained from your state government office.

Seller’s permit: A seller’s permit will be required if you plan a retail outlet.

Find all the legal forms and contracts that you may need. What is most confounding about the legalities of starting a business is perhaps the complex terminology used could help you deal with the particularly tricky stuff!

Laws exist to make processes a whole lot smoother and are essential for any well functioning society. While the legalities involved in starting a business may seem onerous, once you deal with them, consider half your troubles gone!

Hi, I’m Akhil Shahani, a serial entrepreneur who wants to help you succeed. If you like to work smart, check out here. It’s full of articles and resources to help you start and grow your business successfully. Please visit us & download our special “Freebie of The Month” here

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Tags: business, law, legal, ethics, rules

If we start out with this question, what comes to mind? Where does this come from? Kind of like, which came first the chicken or the egg? I really believe that the person that holds the purse strings is one of controls the situation. So where do bad contractors fit in?

A possible scenario of events that cause a client to distrust contractors or say that contractors are no good, starts with the client wanting a job done, and through whatever means calls several contractors in order to obtain estimates for their job. The customer then asks for a price for painting their house. Let’s say there are three contractors, these three contractors individually meet the client. The client then asks each contractor as much information as they think they can get. As soon as these contractors leave the client forgets which contractor said what. The contractors then estimate the job. The client then asks the contractors to e-mail, fax, mail or drop off their pricing estimate. The client then takes the estimates and lays them out on the table. The majority of painting contractors estimates are not very detailed, so the client focuses on one thing – .Price.

Whatever little bit of benefits and features each individual contractor was able to give the client was lost in the jumble of the three measure calls. The client completely forgot, who said what. And they don’t care, because all their friends tell them they have to get the lowest bid. So they take the lowest bid. Most successful contractors know, this technique of choosing, is really not the best way to choose.

The method of choosing the lowest price does not guarantee a good job. For the most part, the low bidder will not be qualified to do the best job. There’s a good chance that the low bidder either doesn’t know how to estimate, or is so desperate for work that they will give it away. Being desperate for work, only tells me one thing, they are very new, or very bad contractors. The other two contractors may or may not have provided a good job. However this method of choice guarantees a bad job. Why? If the job was bid so low, then the contractor may find halfway through the job that if he were to finish the job, he would be working for minimum wage or less. And so he leaves the job in the middle, unfinished.

Now of course the client is in a bind, embarrassed, angry and puts the blame entirely on the contractor. Hopefully, the client doesn’t generalize. The problem is when the client talks to his or her friend; they need to justify their position in this mess. So it becomes all contractors are bad. The first mistake was blindly taking the low bidder.

Their second mistake was not admitting their role in the screw-up. I have heard this story so many times, and wondered so much about how the contractor gets a bad name. And I thought about this, and know that this is the way that it happens, a lot of the time. But what it boils down to be that the client was in complete control of the money creates their own mess. And the most stupid part of the whole thing is that nothing seems to change. Oh yes I know, some people really do know how to choose the right contractor for the job. And I do know that there really are bad contractors. I believe these bad contractors are new and inexperienced, because bad contractors do not last. But I think smart customers and bad contractors are the minority. The majority of customers, unless educated to what makes a good job will always pick the lowest price and guarantee that they will get the worst contractor.

Do you want to make more money and have the freedom to enjoy your life?
Download this: Freedom and Money Patrick Cavanaugh has been coaching painting contractors and running a successful painting business for 30 years.

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Tags: business, legal, law, rules, customer

Actually, there is evidence that suggests gender does play a role. Coleen Rowley had worked for the FBI for 21 years when she appeared before the Senate Judiciary Committee to testify that the agency had ignored pre-911 warnings about terrorist activity in the U.S.

Sherron Watkins, Enron’s vice president for corporate development, testified before a House Energy & Commerce Subcommittee that her company had become “the poster child of corporate abuse.”

And Cynthia Cooper, WorldCom’s vice president of finance, alerted the company’s board to an internal phony accounting scheme that ultimately led to the largest bankruptcy filing in the nation’s history.

These brave women were named Time Persons of the Year two years ago.

One prominent theory of women as whistleblowers is that of the insider-outsider. “Women aren’t part of the ‘good ol’ boy’ system, so they don’t risk being pushed out of the network,” says Kris Kolesnik, executive director of the National Whistleblower Center in Washington.

“What’s important to them is doing their job, not protecting their buddies.”

Adds Rutgers University anthropologist Helen Fisher, Ph.D., author of The First Sex: The Natural Talents of Women and How They Are Changing the World, “Women aren’t as sensitive as men to status in the workplace. And when you’re not as committed to the hierarchy, you can see the ramifications a little better.”

In fact, Fisher believes that, thanks to social conditioning, women may be natural whistleblowers — because of the way they think and how they learned to play as children.

“As young boys, men jockey for position in the playground and learn early on to give and take orders,” she explains. “If boys don’t like the rule, they leave the game. Girls, on the other hand, play in leaderless groups, not hierarchies, and choose games with far fewer rules, which change if someone gets upset. Subsequently, as adult, women aren’t likely to play by the rules if they don’t think the rules are right.”

According to Fred Alford, author of Whistleblowers: Broken Lives and Organizational Power, another factor that makes women statistically more likely to speak out and fight for what they believe in is that they typically have one foot firmly planted in another world: the family. This, he says, connects them to a different way of thinking. “In fact, when they bring that model of ethics into an organization, it must put a lot of women through hell.”

University of California professor Judith Rosener believes that “women tend to see things in a much bigger context than men do.” In her e-book Ways Women Lead, Rosener notes that women also tend to see the implications of the decisions — such as who will be hurt — in contrast to men, who tend to think about whether they will make money or get caught.

“Not that men are more crooked,” she adds. “They just don’t think about implica-tions in the same way.”

Nancy Evans, co-founder and editor-in-chief of iVillage, agrees. Speaking at the Women’s Trailblazer Conference sponsored by the Business womens Network, she remarked, “Women tend to be straight talkers and sensible problem-solvers, and they raise the flag if something doesn’t add up.”

Best selling author Connie Glaser is one of the country’s leading experts on gender communication and women’s leadership issues. Her recently published book, GenderTalk Works, provides an upbeat guide to bridging the gender gap at work. A popular keynote speaker at corporate events, she can be reached here

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Tags: ethics, gender, issues, ethical, law

Recently I had a client ask me questions about another client. He was a bit taken back when I would not answer his questions. He asked me, “Why Not?” He was not that satisfied with my reply that it was the same reason I would not discuss him with anyone else. I then had to tell him about the Rules of Professional Conduct that I adhere to, which includes a rule on confidentiality of information. This rule states in part that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.

As an attorney, I am bound by confidentiality. I could lose my license to practice law by breaking this rule. In business, even though you are not bound by a set of professional rules of conduct, being discreet is also essential. Too many people overlook the importance of confidentiality in business.

You must remember, each time you disclose information about another person, regardless if in a meeting, around the water cooler, or at happy hour after work, the person you are telling the information to may enjoy hearing the scoop, but most likely on a deeper level don’t like the act of your telling them.

If I’m sitting there telling you what Joe has been doing, you can’t help but wonder what I might be telling Joe about you. When you violate confidences, it often comes back to haunt you. Unfortunately, many people learn this the hard way. This hard-won wisdom is often embarrassing and therefore the humiliating lesson sinks in. It’s unnecessary though, just remember that loose lips sink ships and curb your gossiping and be discreet.

Indiscretion and breaking confidences always leads to problems. To prevent these problems, don’t say anything, or put into writing anything, that you wouldn’t want the person you are speaking about to hear or read. Presume that everything you say will be heard by those you are talking about. Presume everything you write will be read by all parties involved with the message. You do not need to be an attorney to keep confidences. A little discretion goes a long ways to prevent problems and ensure you are someone people trust. This trust will lead to greater success. So be discreet!

Alain Burrese, J.D. is a mediator/attorney with Bennett Law Office P.C. and an author/speaker through his own company Burrese Enterprises Inc. He writes and speaks about a variety of topics focusing on the business areas of negotiation and success principles as well as self-defense and safety topics. He is the author of Hard-Won Wisdom From the School of Hard Knocks, several instructional DVDs, and numerous articles. You can find out more about Alain Burrese at his website and here

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Tags: business, ethics, rules, law, legal

If, you thought you could quietly go about working long hours with dedication, not bothering about others around you… and yet be successful,then welcome to the real world where only job competence or hard work is not quite enough for achieving success.

Don’t many employees with stellar records and all the necessary technical capabilities routinely lose out on lucrative projects, pay raises and promotions or are even fired for mysterious reasons, all attributable to ‘office politics’.

Oh! office politics – the bane of working life. It comes in whenever you have to deal with people and is a little similar to the peer pressure you thought you left behind in school. There is no getting away as manipulative office games impact your work environment, job effectiveness and also how others percive you. You may shout at yourself that, ‘I want to stay out’ or cry, ‘Leave me alone’, but everyone gets dragged in by hook or by crook.

In fact, politics is everywhere – it is the personality of the company and about the way things are done. So, you can’t escape by quitting your job either. Politics will follow you and the next job may just be worse!

Any time you work with human beings, you are a subject to the complexities of relationships, trust, credibility, communication, and the other nuances of getting other people to do what you want them to, or not do what you don’t want them to!

Hence,make it work for you

Its been rightly said that, “”The only losers in office politics, are those that refuse to play…”" The stakes are high and you have no choice but to figure out how to be politics-savvy to save both your job and steer your career in the right path. It does not have to be bad either – you can do it right with diplomacy and coalition building. And, once you master the social dynamics of dealing with people and getting things done, you can not only survive in political situations but also use it your advantage. A few tips on navigating the political waters:

Build relationships – Build working relationships with people around you, be it co-workers, managers, customers, suppliers, receptionists, consultants or HR. Find a common ground like mutual interests to connect with others. Draw on your social skills and be nice to people always.

Let them get to know you by being approachable, empathetic, showing genuine interest and appreciation.

Network well and persevere in helping others get what they want. It’s all about fitting in and winning trust, as your ‘friends’ will surely support you, side with you and even root for you. You can count on them and even seek their counsel if needed.

Dont backbite – Participate in badmouthing colleagues, criticising supervisors, spreading malicious rumours or making people look bad and you will only get it back in spades. Keep yourself unattached in office gossip without taking any sides.

Instead of backbiting someone, clear differences, disputes or misunderstandings by talking it out directly with the person involved. Similarly, do not indulge in futile whining and complaining sessions; seek constructive criticism that can help you improve.

Raise objections – While you should not play dirty to advance your own motives or hinder others, do not let people take advantage of you either. Only if you value yourself and your skills, will others respect the same.

Be assertive when required and raise firm objections to any opposition or nasty behaviour. For instance, if someone is badmouthing you, confront him/her with a level headed discussion, and you may just get them to make amends.

Blow you own horn – In today’s times when most employees are expendable, you have two jobs – your regular job and your other job of chief promoter or chief salesperson of yourself. Cultivate a positive, simple and accurate image by being seen in the right way.

Publicise your accomplishments and let the right people know about the great job you are doing. Take pains to preserve a professional image, ethical reputation and credibility.

Last but not the least, office politics is part and parcel of the corporate game.

So, take it in a light-hearted stride without giving in to stress or emotional outbursts.

On balance, it’s all about power, politics and influence. It can even be said that people are hired for what they know and fired for who they are.

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Tags: ethical, ethics, politics, law, legal

A good Chief Executive Officer deserves to be paid well. But does any CEO deserve to be paid more each day, including weekends, holidays, and vacations, than an average employee of the company is paid for a full year? Reality is even more outrageous. On average, American CEOs earn 411 times what their employees earn. Some CEOs earn more than 1000 times what their lowest paid workers earn.

According to Rich Clabaugh at the Institute for Policy Studies, Mexican CEOs trail for the silver medal with a distant 61 times employee pay. Brazilian CEOs with a ratio of 60 get the bronze medal. Equally successful CEOs in other countries share more of the company’s profits with employees, and thus have lower ratios of CEO pay to employee pay: China 36, Britain 32, Canada 23, France 23, South Korea 23, Germany 20, and Japan 11. The stark compensation differences between American CEOs and CEOs in other countries reveal that extreme CEO greed is uniquely American.

Why is the ratio of CEO pay to employee pay in America 37 times more than it is in Japan–which also has many large, successful international companies? Why did the annual CEO compensation of American oil companies average $33 million when the CEO of BP (British Petroleum), the second biggest oil company in the world, made $5.6 million and the CEO of Royal Dutch Shell, the third biggest oil company, made $4.1 million in a recent year?

The answer is that greed is acceptable, even honorable, in American culture. CEOs and professional athletes in the United States epitomize that greed. And they are proud of it.

The Board of Directors sets CEO compensation with all of its complicated deferrals, contingencies and stock options. Four factors influence their decisions. The first is the general American culture of greed. The second is the mistaken assumption that there are only a few good candidates for CEO positions. The third is that, despite recent legislation, the Boards include too many insiders (present and former members of the executive leadership). Fourth, and most importantly, the independent Board members are co-opted by retainer fees and meeting fees that on a per day basis may even exceed the compensation of the CEO. In return they feel obligated to dish out largesse to the CEO.

There are many examples of CEOs getting large pay increases even in years when the company lost money. Perhaps it is time for CEO pay to bear some relationship to the performance of the firm. Perhaps it is time for CEO pay to recognize the importance of the roles of the rest of the employees. A company, that is making a good product(service) that is selling well, can pay all its employees well and pay a good dividend to stockholders.

Since it is unlikely that Boards of Directors will slash compensation or that American CEOs will request pay cuts for themselves, legislation is required to rebalance the extreme inequity in compensation and restore ethics in the setting of executive pay. A Maximum Wage Law would protect professional and skilled workers like the Minimum Wage Law protects the lowest paid workers. In most companies pay for all employees would increase. If no one in the company could make more than ten times the average, the leadership of the company would have a big incentive to make the company successful so it could raise the average compensation.

A Maximum Wage Law is consistent with the basic principle of capitalism that compensation increases should reward good performance at every level of an organization in order to encourage future productivity of the company.

During tough times, like those in the auto and airline industry in recent years, when employees are asked to take a pay cut to save the company, the CEO and perhaps other highly paid members of the management team would have to take a proportional cut as well. If everyone bears some pain, employee morale would not suffer as badly during those tough times. Good employee morale is essential for a sick company to recover.

Employees will be more enthusiastic about the company if they know that the boss’ compensation can’t go up unless their compensation goes up too. As employee pay goes up, the CEO’s compensation can also go up-at a handsome multiple. A CEO, who is able to improve quality, reduce costs and increase sales with the help of employees, can also take the two other actions that will make the CEO truly successful and ethical-share the rewards with employees and stockholders.

A Maximum Wage Law would address the gross inequities in compensation between American CEOs and their employees. After a phase in period of ten years, a Maximum Wage Law would cap compensation to the CEO, or any other executive, at ten times the average compensation of all employees in that company. Shouldn’t employees of American companies be treated as well as employees of Japanese companies where the compensation ratio is eleven?

Under a Maximum Wage Law, compensation for the CEO would be based on the performance of the company and the ability of the company to provide reasonable compensation to of all employees as contributors to that performance. That would be capitalism at its finest — providing rewards, in reasonable proportion to responsibility, to everyone who contributed to the economic success of the company.

Lowell L Klessig
Emeritus Professor of Integrated Resource Management
University of Wisconsin-Stevens Point

Lowell Klessig is Emeritus Professor of Integrated Resource Management at the University of Wisconsin-Stevens Point. In addition to articles in professional journals, he has authored numerous Extension publications in non-technical terms for adult audiences. He served as Executive Director of the Wisconsin Rural Leadership Program. He has travelled to 47 countries and taught in six foreign countries. He writes a monthly column for a Midwestern weekly newspaper and does occasional magazine features. (A one page bio summary is available electronically upon request.)

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Tags: article, business, law, ethics, chief

Sexual harassment is a global phenomenon that is rapidly affecting all in the work place. This behavioral pattern is crude and is an affront to an individual’s self-dignity and confidence.

If sexual harassment is your case, how can you handle the situations? They are as follows:

1. Take a firm stand!

Being intimidated by-suggestive speech or aggressive behavior rarely makes it go away. If for anything, fear or difference may cause it to escalate! As advance on you come, please do not treat it with levity. Take a firm decision to resist it. At the first sign of harassment you need to take a very firm stand to oppose it. As you notice these advances, immediately saying no and clearly is just enough to make the harasser stop the offensive behavior of harassment.

2. Act with your decision

I meant that as you take the decision to say no to the harasser, you also need to act with what you have decided. It will not be wise for you to say “no” while your behavior to this person is telling the opposite. This is so because since the harassers are often quite persistent. How firm do you need to be, may depend on the circumstances and the response of the harasser. It is wise to use whatever degree of firmness necessary to get your point across. In some cases, a simple, direct statement in a calm tone of voice will suffice. Make eye contact.

Experts suggest the following for you:

a. State your feelings clearly to this one
b. Specifically name the offensive behavior of the offender stating what you don’t like in his/her using crude, vulgar language to address you
c. Make clear what you want the person to do. like saying – “I want you to stop speaking to me that way!”

What if the harassment continues in spite of your best efforts to stop it?

Some companies have set procedures for dealing with sexual harassment. Often the mere threat of initiating a company grievance procedure will make your harasser leave you alone. Then again, it may not. Sad to say, finding a sympathetic supervisor is not always an easy task for either women or men in this sex crazy world that we live in today. Using insults, threats, verbal abuse, throwing a punch, spitting on the harasser is counter productive, dangerous, and there is no need to use physical violence unless there is an actual physical attack that requires self-defense on the part of the defender.

Some have tried legal action to stop this act of embarrassment. But the huge judgments in lawsuits leveled with financial burden, you read about in the media are hardly typical. Besides, Talking Back to Sexual Pressure warns: “Legal remedies against harassment require tremendous emotional energy and time; they result in physical as well as mental stress.” With good reason I will cautions that: “you should not conduct a legal case with hastily.” After counting the emotional financial and spiritual costs of legal action, some have preferred to seek other employment. Please if this is your case your need to keep up with the good work.

(c) 2008. CSD Inc. Femi Omopari-Iwa is a Marriage & Dating expert, who have real experience in world of counselling and advice that is up to date, realistic and real time. Advice I am giving is out of my years of experience. Click here for more articles.

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Tags: ethics, review, law, sexual, article

Have you ever noticed how untrusting people are? What is the cause of all this? Is it the media scaring people into believing that everyone is a scam artist? Is it the government causing mistrust amongst the masses to further propel law enforcement agencies, which in turn make more rules and regulations to control? Is it the Internet where everyone runs around using a false “pen name” as they practice deceit?

Recently, I was discussing some possible ideas for someone who wished to start their own business. They asked me some questions and I asked them some questions as well. Then their wife Esmirelda asked George, why is this guy helping you; what is in it for him? I found this interesting, as since when is it wrong to simply help someone or your fellow man? The gentleman then confronted me with this question and told me his wife wanted to know.

So I thought about it, why was I helping this man and discussing such things with him and giving him my advice that he had asked me for? I guess my goals of helping him and his family were somewhat personal; I think my reason for helping include; to keep your family together, help them start their dream small business, delete the stress of George, save their kids from hardship and for fun or intellectual exercise. The business was to be an education center for the arts.

For me I guess my wanting to help stemmed from some other interesting observations I had previously. It was something I saw a video on Education in the World from TED, as I think the speaker, Ken Robinson is right (see this video)

Of course George and his wife, who questioned my integrity to help them, did not waste a minute in asking me if I would invest in their business? So, I thought isn’t it interesting that they had questioned my good nature and then immediately asked me for money? Of course I told them;

I do not see myself as an investor as you are not where I could monitor my investment and I do not wish the stress, I am retired you see? So, no I am not interested in any stake in the company or anything like that, and would not take any shares for FREE even if you offered them, I would decline.

They asked me then my advice on where to find an investor or if I had any thoughts along those lines and of course I did so I said;

Sure I have lots of thoughts, but without a business plan it is ridiculous to even consider approaching anyone who is a REAL investor for something like this. You need a business plan, proforma, artists conception, compelling reason and a good estimation on ROI (return on investment) for the business.

You know what happened next? They decided it was too much work and they decided that unless they had the money and there was a guarantee they would get it if they wrote a business plan; they decided that it was simply too much work. Of course such a lazy attitude and lack of worth ethic is the number two reason people fail in business, the first of course being lack of capital.

Interesting these people challenged me on my good nature to help them isn’t it? I certainly appreciate you reading all my articles on this subject of Winning. Thanks again and Godspeed. Perhaps this article is of interest to propel thought in 2007?

“Lance Winslow” – Online ThinkTank forum board. If you have innovative thoughts and unique perspectives, come think with Lance. Lance is an online writer in retirement.

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Tags: philosophical, ethics, question, moral, law

Most cash gifting programs try to get around the fact that cash gifting is illegal and a scam because of the following two reasons when describing what is cash gifting:

a) They tell people who are looking at their overnight cash gifting program scam that they have hired an attorney – and that their attorney has assured them that the program is fully illegal, oops I meant legal.

Or

b) They will tell you that their overnight cash gifting program have found a loophole. They have discovered that there is a loophole in an IRS (Internal Revenue Service) document – known as publication 950 – where apparently people can legally make a legal gift to another person of up to $12,000 annually with no issues whatsoever! Also, that married couples can gift to any individual up to $24,000 per year with no issues or legal repercussions.

The underlying real truth is: They are being deceptive and misleading.

The FTC has clearly stated that any attempt to make gifting look legal (by using IRS publications like the one mentioned above) is merely an attempt to make an illegal transaction look legal, which is fraudulent.

Like most illegal scams, they purely work on people’s greed or desperation. People are not giving money as a gift without any expectation of financial gain. They are giving total strangers money because they are absolutely expecting that they are going to see a return on their investment. This point can easily be proven in court just by viewing their capture page, thus making cash gifting 100% illegal. Why are everyone required to sign a special document stating you are giving freely without any expectation.

Well, for this reason, I would like for you to read the following paragraphs very closely.

The letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, he is obeying the literal interpretation of the words (the “letter”) of the law, but not the intent of those who wrote the law. Conversely, when one obeys the spirit of the law but not the letter, he is doing what the authors of the law intended, though not adhering to the literal wording.

“Law” originally referred to legislative statute, but in the idiom may refer to any kind of rule. Intentionally following the letter of the law but not the spirit may be accomplished through exploiting technicalities, loopholes, and ambiguous language.

Regardless of what anyone says to you, cash gifting programs are illegal.

You can prove me wrong by attempting to market this type of transaction to your local police authority or attorney general. Then ask them to sign a document that says ‘their gift’ to you is voluntary and made without any contemplation of return on investment.

Think about the following three why statements below before sending out your gift:

# Why do you think that most of the founders and top producers in the cash gifting money proof videos never show their face or use false identity? (Oh, you didn’t know that?)

# Why do you think most cash gifting web sites & conference calls are either password protected or by invitation only?

# Why do you think that cash gifters insist that you sign a document that says you are making a gift without any contemplation of making money yourself?

Know this: If you succumb to cash gifting – you are breaking the law!

Many of you know that I am a strong believer and I am a man that sincerely attempts to follow the Word of God. That being said, I would like to share my perspective as a Christian.

Clearly, we know that gifting programs have been called illegal by the police authorities. In other words, gifting programs have been called illegal by the laws of man.

So what does the Bible have to say about following the laws of man?

I think that the bible makes it unquestionably clear that Christians are to obey the laws of man as long as they do not conflict with God’s higher laws.

However, the Bible does not actually say worldly laws but it does mention obeying your leaders. In Hebrews 13:17 “Obey your leaders and submit to their authority. They keep watch over you as men who must give an account. Obey them so that their work will be a joy, not a burden, for that would be of no advantage to you.”

We understand that human governments are never to substitute for God’s laws, but God allows

them their place because He knows there must be relative order.

Romans 13:1-2 tell us to be in subjection to the superior authorities even as we are to God. Further, we are to be in relative subjection to kings and governors as they have their positions due to God’s allowance. (1Peter 2:13-17)

Considering not participating in any practice that may appear illegal as obeying God, including obeying civil laws, tax laws and traffic laws as the same whether someone is watching or not. That is part of what Christian integrity means.

Nevertheless, when man’s laws conflicts with God’s laws (as when early Christians were ordered by Jewish and Roman courts to stop preaching about Christ) did Christians refuse to follow the law. (Acts 5:41)

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Tags: law, legal, business, ethics, ethical

Recently a curious phenomenon has risen to the attention of the American public. Why do people plead guilty to crimes then profess their innocence? Or, to put it another way, why would someone plead guilty to a crime they did not commit?

Several bankers from England recently plead guilty to a Federal indictment and received prison sentences. All of the bankers plead guilty and did not go to trial. As part of their plea agreement they were permitted to serve their prison sentences in England. Why does this case matter?

None of the bankers agree that they committed a crime. They now claim that the only reason they plead guilty was to avoid the risk of going to trial and facing a prison sentence in the US. The press in England is paying attention to this case and so should we.

In another case that received scant press attention, an executive tried to plead guilty to a crime. He did not want to go to trial because he feared receiving a lengthy prison term. The judge would not accept his guilty plea. This man walked into court expecting to be sentenced to prison. He had been charged with a crime that he did not think he committed. He knew that he had very little chance of being acquitted in today’s environment. He knew the prosecutors had no concern whether he may actually be innocent. And he surely did not want to risk getting a prison sentence that would have ruined his life. So, he marched into court to plead guilty. The judge rejected his plea deal when he admitted that he did not think he committed a crime.

So this poor guy is now going to have to go to trial under circumstances where his chances of prevailing are almost nonexistent, in a system that most fear gives longer sentences to those who go to trial.

The statistics for the percentage of people charged with a federal crime who end up spending time in prison are overwhelming. Over 90% of all people charged with a federal crime end up convicted. Virtually everyone who goes to trial looses. And over 80% of everyone convicted of a federal crime spend time in prison. Those numbers are staggering.

Even more staggering is the risk of lengthy prison terms. And whether true or not, the belief is that courts issue higher sentences to those who go to trial rather than accept a plea deal.

Under the federal system, one of the most important factors in determining the length of a prison term is the amount of money involved. In drug cases there are mandatory minimum sentences, usually over 10 years. In cases involving money — business cases, investment cases, anything involving property — it doesn’t take much money to send sentence lengths soaring. And the requirement of proof beyond a reasonable doubt does not apply when determining the amount of money involved in a crime.

For these reasons, reasonable people will agree to plead guilty to a crime they did not commit. The risks of going to trial, the risk that a court can find that your supposed crime involved substantial amounts of money, are too great.

The bottom line is that, if you are charged with a federal crime, you are probably going to go to prison. Guilt or innocence are luxuries. If you have been charged with a federal crime your first thought should not be that you are going to fight because you are not guilty. And heaven forbid, if you are guilty, you should not risk going to trial. Your first thought should be how to keep your prison sentence to the absolute minimum. Leave the question of guilt or innocence to the academics. Make sure your sentence is short enough so you can pick up the pieces when you are released.

Federal Prison Inc.
We Prepare White Collar Defendants

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Tags: unethical, practice, law, legal, business

Business Law Before you start a business, legally, you need to obtain any business licenses or permits required by law. Doing so will identify your business, protect public health and safety and help you keep track of your finances for tax purposes. The application for an employer identification number (EIN) is available at the IRS website; an EIN is required for corporations, LLCs and partnerships, as well as any sole proprietors who will hire employees. Unless your company’s service or product is regulated by a federal agency, you probably won’t need any federal licenses or permits. However, things like public transportation, investment advice, or producing drugs or firearms, require supervision by a federal agency and you will need special licenses. If, for example, you will become involved with environmental regulations at the federal level, you’ll need to deal with the EPA.

State Business Licensing Laws States license people in certain professions, such as lawyers, doctors, and accountants. Your state might also require a license for certain other businesses such as barbers or real estate agents. You should check with your state to find out if your business requires a state license or permit. Selling certain products including alcohol and lottery tickets might also require a state license.

Your municipality might require a license or permit for your business. Check with your city or town to find out about zoning laws to ensure that you are allowed to conduct business in a particular building like your home or the storefront you rent. If you are involved in retail sales, you will also have to pay state and local sales tax. Depending on your city, this could be done at the state level or both the city and state levels.

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Each day more and more people decide to enter the business coaching field. Spend a little time on the Internet and you’ll find articles, courses, and ebooks on how to be a business coach in a short time period.

I can’t be the only person that finds that ridiculous. I don’t understand how someone with no business experience can be a business coach.

I believe that you can learn a lot about business by reading and doing your own research- but just because you do that, it doesn’t make you qualified to teach. After all, how can you teach methods that you’ve never tried yourself?

If I read a book on space shuttles that doesn’t mean I can be an astronaut. Likewise,I can’t imagine a person who has never performed surgery giving lessons on how to perform heart transplants.

I recently interviewed coach Laurie Hayes (see here) who offered some valuable advice for anyone who wants to obtain the services of a business coach.

“You always want to verify a coaches credentials. You want to ask for references and actually follow up on them and make sure that there is risk reversal in place when you enter into an agreement. When I say risk reversal, I mean make sure that there is a guarantee that if you don’t receive the agreed upon results even though you fulfill your obligations of the partnership that you’ll get your money back or maybe even just a prorated amount back for unused services if you decided to terminate the relationship midstream.”

Money chasers who read an article or a book and two days later decide that they are going to become a business coach compromise the integrity of the business coaching field.

If you want to be a business coach, go for it, but before you do make sure you have the necessary qualifications.

Donyell Nelson is an Internet entrepreneur and the author of “Jump Start Your Success: 9 Insider Secrets to Running an Online Business. If you are clueless about online business, out hundreds of dollars, you aren’t making a profit, and you are just about to throw in the towel visit this site.

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Tags: ethic, questions, review, business, law

When it comes to alternative interpretations on a subject, it is interesting that many business ethics textbooks contain The Parable of the Sadhu, about how these Westerners wrestled with the implications of a freezing Indian mendicant Sadhu. In summary, the author had been beating himself up for years because on a trip to Nepal to climb in the Himalayan Mountains he and other climbers had come across a freezing mendicant lying exposed in the mountains. They revived him and left him in a hut, last seeing him throwing rocks at a dog. For years thereafter the author suffered from guilt, feeling that he should have helped to carry the Sadhu down to a village a two-day walk away.

What the story does not say, of course, is that the Sadhu had been exactly where he intended to be, doing what he intended to do, when suddenly these Westerners grabbed and manhandled him, and then turn his presence into some grave moral crisis for themselves. To top it off, they left him to be eaten by a dog; instead of dying peacefully on the mountain he gets to be torn to pieces and eaten. Not a very happy ending for the Sadhu.

This seems typical of interactions between Americans and the rest of the world. Nowhere did the Sadhu appear to have asked for anyone to help him. The author interprets the lesson of the Sadhu to be “In a complex corporate situation, the individual requires and deserves the support of the group.” The lesson I see, instead, is: Be careful around Westerners, they might grab you, manhandle you, and take you somewhere you have no interest in being taken, to be torn to pieces by dogs. A Syrian friend of mine sent me a picture of a bumper sticker apparently becoming common in the Middle East: “Be Nice to America–Or we’ll bring democracy to your country.”

The real question we should be asking ourselves, therefore, before getting involved in the internal affairs of other countries or the day-to-day affairs of other people, is whether what we propose to do going to help or harm the other people. If we assume the answer to that question, then we will continue to make the mistake made by the author of the Parable; that anything we do to someone else is justified because it is we who are doing it. I suggest that this presumption is itself unjustified and unjustifiable.

copyright (c) 2009 Paul Croushore

Paul Croushore, JD, LLM
Attorney at Law
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Tags: ethical, problems, employer, justice, law