The values below are selected from a company with internet presence. The management of the company has put significant effort in setting the values up. This can be deducted by the amount of values that are selected.

Decreasing the amount of values would increase the credibility of each individual value and it would be easier to manage them. Once you introduce a corporate values system it should support your organization. Having too many values will make this more difficult.

As there are up to ten separate statements, the first one’s will be the most important. You can understand this if you practice the piano and you are to study a certain passage. IT is always the beginning that will go fine, but at the end there comes the toughest part and there is where you will make most of the mistakes. You stop in the middle and start all over again. The first bars will be amongst the one’s you will dominate perfectly.

Quality in everything we do

Quality is normally managed by support and this means that this company chooses to invest in indirect business processes. As any company should choose, increasing resources for quality will in the same time mean that fewer resources will be available for the primary process in which quantity dominates.

Exceeding customer expectations

This means investment in communication and sales.

Trust, respect and integrity in all of our relationships

Relationship also belong to the area of sales; remember the client database or client relationship management.

Continuous improvement, innovation and embracing change

This statement is ambiguous. You either choose for continuous innovation and change or you opt for continuous improvements. Instead, the “Continuous improvement,” should belong to the quality statement.

Teamwork and open, honest communication

This statement is also sales related. “Honest communication,” could be further specified. For example – we value a rational and objective communication.

Each employee’s responsibility for contributing to the company’s success

This statement would fit better with the teamwork statement. You want teamwork, but each employee has it’s own contribution. This weakens the teamwork statement.

Creating a safe, productive and rewarding work environment

Safe is part of quality. Productive goes without saying and Rewarding is what receives the emphasis in this statement.

Building a high-performing, diverse workforce

High-performing. This is mentioned at the end. Meaning … in the end, we want performance… This one is tricky.

Promoting the responsible consumption of our products

This one is mentioned because of the special character of the company. Good to mention.

Preserving and protecting the environment and supporting communities where we do business

The company accepts it societal function. Could be part of Teamwork and it means that the company cooperates not only with internal stakeholders but also with external stakeholders.

In the end a fine set of corporate values, but limiting the number of statements would increase the credibility.

© 2006 Hans Bool

Hans Bool is the founder of Astor White a traditional management consulting company that offers online management advice. Astor Online solves issues in hours what normally would take days. You can apply for a free demo account at that site.

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Tags: ethical, review, law, aging, research

Believe it or not there are many folks that will take a company logo from a company other than their own and use it to promote their website, or use it to add credibility to their endeavors. But when these folks use these logos without permission, that is actually a crime and it is very serious. You see, the logo or brand of a company is hard earned and it must be watched carefully.

Over the years I noticed websites using our logo to promote their franchise buyer services, without our permission. Then when someone decided they wanted to buy a franchise they’d sign up on the website to get information. Then the website would call our company and tell us they had a live prospect with “x-amount” of dollars in such and such area of the country that wanted to buy our franchise.

They’d sometimes try to sell us the name, but that would really make us upset, here they were selling us leads to franchise buyers when they used our company logo without permission to attract the prospect. Can you believe the gall of these people?

Worse, they were dumbfounded when we told them we did not want the lead, would not pay for it, and for them to contact the person and apologize and tell them they were not affiliated with us and that they stole the logo without permission and put it onto their website! Further, if they did not do this, we would file a lawsuit within 3-days. Luckily, we only had to do that once.

Often, we noticed vendors that did business with us, use our logo to tell their customers that they worked with great companies like ours. But you see, we didn’t want our competition knowing which vendors we worked with, needless to say, we told them to take it down. Once we decided to cut the vendor and they lost our account.

It’s always amazed me that companies will borrow logos like that, without permission, but don’t you do it, it makes companies very angry, so, ask permission first. And expect them to say no. But if they say yes, then you have done the right thing and been rewarded for it.

Today with the Internet people many people simply lift logos off and use them for their own purposes, it’s like the Wild West out there, and companies work very hard to control who uses their logos and where. Be sure to ask first. Think on this.

Lance Winslow – Lance Winslow’s Bio. If you have innovative thoughts and unique perspectives, come think with Lance

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Tags: ethics, business, law, work, event

Does your State mortgage originator licensing regulations say you have a “Fiduciary Duty” to your customers? Or does it say “you must provide the consumer with a reasonable, tangible net benefit” from a loan you provide? Both of these may soon be nationally mandated requirements if Congress has anything to say about it.

The House of Representatives pulled no punches on Tuesday at its hearing on subprime and predatory mortgage lending as they took National Association of Mortgage Brokers President Harry Dinham to task on the subject of who brokers really work for, if they deny ‘fiduciary responsibility’ to their borrowers.

Although violating either of those standards may subject you to harsh discipline and potentially aggressive punishment, it is the presence of Ethics & Integrity which will carry you through a life long career in our fine industry.

I’m sure you’ve heard many times lately that it’s a short walk from unethical actions to full-blown fraud – but more importantly, are your actions ethical when it comes to serving a customer?

Here’s a couple of mental questions to ask yourself: If you have strong Ethics, do you understand it means how you behave when no one is watching? – because that’s exactly what it means! Do you RAT OUT a fellow loan provider when you see he/she isn’t acting ethically? Do you realize you ARE your brother’s keeper in this industry … what the ‘next guy’ does can make us all bleed! This last ‘cycle’ (1998 to 2007) brought us many long term problems (only now becoming apparent) – 99% of which be brought on ourselves … by going along with the crowd.

Article by Peter Samuel Cugno, Chairman & CEO of Secret! University, the educational division of Americas Money Center, Inc. with 40 years experience in the subprime industry niche. Questions or comments may be directed by online at this site

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Nobody likes to be misled, especially by people they trust or have an expectation will do the right thing, whatever that is. Fraud and corruption can be a blow to the self-image of capable managers and their confidence in their ability to deter or detect a fraudulent scheme. More so, they can have a negative impact on an organisation’s brand, image and reputation, organisational morale and where the loss is large – significantly impact the bottom line.

In a recent survey of fraud in Australian organisations, 84 percent of respondents agreed or strongly agreed with the proposition that fraud control is a governance issue.

Corporate governance is an entire culture that sets and monitors behavioural expectations intended to deter the fraudster. As part of the establishment of sound corporate governance, it is now clearly accepted that an organisation should formulate a fraud and corruption control strategy. Through the development and implementation of the strategy, compliance with anti-fraud and corruption control practices can be promoted, maintained and instances of fraud and corruption control non-conformance identified and dealt with quickly.

What is a fraud and corruption control strategy?

It is a comprehensive summary of key elements that the organisation has introduced to prevent, identify, manage, investigate and deal with fraud and corruption specific to its own circumstances. According to the Australian Standard AS8001-2003 , although an organisation’s approach to its strategy will be dependent upon its size, diversity, geographical spread and the industry in which it operates, the Standard recommends that a strategy contain a number of elements. Several of these elements are discussed below:

- Fraud and corruption awareness – How does the organisation educate their staff and stakeholders about how fraud and corruption occurs and what to do if it is discovered? This is a key element as fraud surveys have clearly demonstrated over time that the majority of frauds are discovered by staff and that whistleblowers are also an important source of information.

- Reporting of fraud and corruption – Is there a formal reporting process? Does senior management and the Audit and Risk Management Committee get told of all incidences ? If all instances are not recorded centrally, how does management assess the size and breadth of the problem and effectively manage it ? Also importantly, if the instances if fraud and corruption are not reported to the Audit and Risk Management Committee, how do they monitor the performance of senior management in managing the risk?

- Fraud and corruption risk assessment – Identifying a couple of fraud risks in your business risk assessment or enterprise risk management process is far from adequate. An organisation should not rely on management alone to come up with all potential risks as there may be a knowledge gap, a reluctance to identify the existing weaknesses, inadequate allocation of time to discuss the issues or lack of a persistent inquisitor to ask the tough questions and follow up. So, consider having someone involved who thinks like a fraudster and has experienced a broad range of fraud and corruption issues who can add real value to the process. The insights regarding risks and process weaknesses can be invaluable.

- Whistleblowing – How does your organisation protect whistleblowers? Does it encourage anonymous reporting ? Whistleblower programs allow employees and others to report concerns–including those about corporate fraud–and can allow the management and/or the Board to take early corrective action. Whistleblowing lines are now becoming more prominent in the private sector.

- Pre-employment screening – Is there a consistent process of screening across the organisation ? How thoroughly are background checks, such as prior employment history, tertiary qualifications and memberships of professional associations, conducted ? Does it cover only full-time employees or include contractors ?

- Regular reviews of internal controls – Effective internal controls cannot be both successful and static. They should be monitored and evaluated for improvements and changes made necessary by changing conditions. The scope and frequency of evaluations of the internal control structure depend on risk assessments and the overall perceived effectiveness of internal controls. As an example, under the Sarbanes-Oxley requirements, management is charged with performing an evaluation at least annually. Anti–money-laundering procedures employed by financial institutions are a good example of a proactive process designed to deter fraudulent transactions from taking place through a financial institution.

Commonwealth Agencies have clearly led the private sector in developing fraud and corruption control strategies. This is mainly because it is mandated under the Financial Management and Accountability Act 1997 that all budget-funded agencies, and relevant Commonwealth Authorities and Companies Act 1997 funded bodies, put in place practices and procedures for effective fraud control. The Commonwealth Fraud Control Guidelines, outlines how each Agency must have a fraud control plan.

What are the trends and issues that organisations should be aware of?

Patterns of behaviour are clearly emerging as both the cost and complexity of technology decreases and information is shared through the internet in real time. Although more traditional frauds continue to be perpetrated against organisations, there are also a number of new or increasingly prominent challenges. Some of these challenges include:

- Identity fraud and theft – Criminal syndicates follow the money and as such identity fraud and theft is fast becoming a significant problem as they target individuals and organisations. The quality of recent forgeries of identification documents such as driver’s licences, birth certificates and even passports has highlighted the need for biometric identification solutions such as fingerprints, voice patterns, retinal images, facial or hand geometry to be seriously considered by organisations.

- Cyber-crime – The role of ‘phishing’ and the use of ‘trojans’ to illegally penetrate computers to obtain confidential information, including banking details, shows no signs of abating. As an example, over 11,000 unique phishing attack websites were reported to the Anti-Phishing Working Group in May 2006.

- Cheque fraud – this continues to be one of Australia’s most prevalent frauds affecting businesses. It involves the alteration of an existing cheque to a new payee and sometimes an altered amount.

- Gambling – There is an inextricable link between gambling addiction and fraud. As the opportunity to participate in various forms of gambling grows, the incidence of fraud will also continue to grow. Refer to the breakout box for some recent Australian examples.

What can your organisation do ?

Senior management tasked with governance responsibilities should undertake a review of their approach to fraud and corruption control. It is recommended that they at least benchmark your organisation against best practice recommended by the Australian Standard AS8001-2003 – ‘Fraud and Corruption Control’ in order to determine gaps that require addressing. This will be the blue print for going forward.

Key areas of the fraud and corruption control strategy that should be emphasised and undertaken should include:

- championing a pro-active and thorough approach to fraud risk management across the organisation;

- reviewing the organisation’s whistleblowing policy and procedures and where one does not exist, seriously consider the inclusion of an anonymous reporting line to augment the reporting structure; and

- educating staff about fraud, how it is detected and importantly the organisation’s reporting procedures.

Conclusion

Emerging technological trends, the globalisation of commerce as well as the growing impact of the prevalence of gambling should be of concern to Board members and senior management in all organisations, both large and small. They all create risks that need to be constantly managed.

Those who commit fraud and corruption, whether internal or external to the organisation, are often attuned to system and control weaknesses and therefore target least points of resistance.

To deal with these fraud and corruption risks, organisations must look to how they are allocating their resources and seriously consider the need for a comprehensive strategy.

Case Study – Whistleblowing

Fraud awareness training was provided to all staff in a division. Subsequent to this training, the Financial Controller was sent an e-mail with the sender’s details disguised although indicating that they had attended one of the fraud awareness sessions. The e-mail contained detailed allegations concerning anomalies with a senior manager’s use of a company credit card.

A preliminary review was undertaken of the credit card statements that revealed personal purchases of clothes, meals, accommodation, dating services and books over an eighteen-month period that were all fraudulently misrepresented on the card statements as business related expenses. Although the card statements were countersigned by another manager, the manager later admitted trusting the senior manager’s explanations for the purchases.

The senior manager was in a key governance position within the organisation and was subsequently dismissed.

Case Study – False invoicing

A Finance Director with responsibility for the Asia-Pacific region travelled regularly. An anomaly with his expenses led to a further investigation of his activities. A link was identified between the name of an Australian based company of which he was a Director and a company based in Malaysia that had received consulting fees authorised by the Finance Director.

Further investigation revealed four companies in different Asian countries that had received consulting fees based on bogus projects. As a result of the investigation, it was proven that more than 50 invoices were prepared and subsequently signed off by the Finance Director at an Australian Dollar equivalent just below his delegation limit.

International company searches revealed he was a Director and Shareholder in each company. Over AUD2 million was recovered.

It was also revealed that the annual budget for such consulting expenses was $300,000 when the Finance Director joined. In the first year, he increased the budget to $1.8 million. He therefore budgeted for his own fraud.

Examples – Gambling motivated fraud

$7.1 million – Accountant defrauded clients’ trust funds. Spent 937 days out of 7 years gambling at the Crown Casino.

$4.3 million – Claims officer reopened claims files and made out 1,003 cheques to fictitious 3rd parties over a period of 10 years. Most of the money was lost through gambling.

$8.3 million – Merchant Banker in an investment bank wrote out 76 cheques in erasable ink over four years, altering payee to own benefit used to gamble.

$17 million – Bank Manager by unauthorised EFT’s. Racehorses.

$4.57 million – Financial Adviser.

$22 million – General Manager of a Transport company. Unauthorised EFT’s. Racehorses.

$1.5 million – Two Managers of a Credit Union. Poker machines.

$254,000 – Financial Controller of a Hotel. Roulette.

$44,000 – Carer of people with a disability. Poker machines.

Brett Warfield can be contacted on (612) 9231 7588 or at brett@warfield.com.au.

Brett has significant experience in investigating fraud and other unethical conduct, financial profiling, asset and funds tracing and preparing financial briefs of evidence. He is an experienced presenter on fraud control and has presented to CEOs, senior executives, industry and professional bodies in Australia and Asia.

Brett established Warfield & Associates, a professional services firm specialising in Forensic Accounting and Fraud an, in 2004 with the aim of providing independent advice to organisations to assist them with addressing unethical behaviour, improving governance and identifying risks.

Brett has been a senior member of the national Forensic practice at KPMG Australia. He worked with some of Australia’s largest and best-known companies as well as Government bodies.

He had eight years fraud and corruption prevention and investigative experience as a financial investigator with two Royal Commissions of Inquiry, a prosecution Task Force and the NSW Independent Commission Against Corruption.

Prior to that, Brett had ten years experience with BHP Co Ltd

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We – modern America that is – have become so damn impolite. We don’t give people the simple courtesy of a reply when contacted by email or phone. The idea of acknowledging someone with a smile while passing on the street is at best an anachronism; at times it’s even considered an affront. And being greeted when entering a store is less commonplace all the time. What are we becoming (or have already become)? Furthermore, these simple common courtesies are disappearing from the very vocabulary and experiences of the young adult and teenage populations among us. (In fact, only an older person could write this piece from direct experience.)

What does any of this have to do with hats or e-commerce, you may ask. Stores are guilty – big time -of contributing to this decline. Businesses/employers run the daily social show in America; they are obliged to set an example and lead with integrity. This is a separate issue from Enron/WorldCom law-breaking type activity (although greed is not unrelated to this deterioration). Being polite and courteous are actions that people should adopt because it’s right to do so. That, in and of itself, is the reason to act as a decent human being. It is parenthetical that it is also good business to behave as such. This is not a confusing distinction, but likely has been confused, to the detriment of polite behavior, by “business consultants” focused on ends and outcomes rather than means and process. We all live together on the same planet for crying out loud. That is all the motivation we need.

How it got this bad is a topic for another essay. I suspect that the artificial and slippery notion that I often hear people espouse, “It’s just business”, thus implying a different behavior in “life” than in business is part of the explanation. In any case, businesses need to take responsibility. Many people aren’t given the courtesy of an answer after applying for, or even interviewing for, a job. We say hello or goodbye to colleagues and customers in the workplace less so all the time. It is not the fault of the younger generation that these basic human social values are being lost. My son, now twenty, has interviewed for numerous jobs in his young life. It is now significantly more likely that he will not be contacted after dropping off or emailing a resume – or even interviewing for a job – than he will be. It pains me to have to explain to him how rude that is. Worse, he is now used to it; doesn’t even get disturbed by it any longer. It is irrelevant that he has proven to be a very good employee, because a prospective employer owes anyone a response after he or she enters into their process for a job.

Those of us – business people or otherwise – who are dismayed by this decline cannot throw the towel in. We must not yield to this rude and impersonal cynicism that is spreading like a cancer on our social landscape. Our actions must be the antidote.

The Village Hat Shop will reply to your emails and greet you when you come into our stores. We will respond if you apply or interview for a job in our organization. Yes, it is good business for us to do these things, but that is not why we will do them. We will do them because we must.

Fred Belinsky is the founder and president of The Village Hat Shop. The 4-store California chain is 27 years old. Village Hat Shop, launched in early 1997, was the first online hat seller. Belinsky also runs Berets Private label brands include

Jaxon Hats for men’s hats, and sur la tete for women hats. More of Belinsky’s articles can be seen at his HAT BLOG: Everything Hats. VillageHatShop also publishes THE COWBOY HAT, an ezine featuring short fiction, essays, and poetry about the American West and the Mexican-American Border.

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Tags: ethical, analysis legal, law, policy

“How to Resist the Con Artist Trying to make a “”Yes Man”" out of You through Mind Games.

The skilled con artist knows how to rig the game to make the players think they are winning. Every time you put a quarter into the slot machine, out come 2 more. In setting you up for the big con, this formula is altered a bit, to nothing more than ace-high salesmanship. They know they must get you in a good mood, very positive thinking, in every respect, in order to get you over to their side.

Thus, you are subjected to the preliminary “”Yes / No”" test. In it you are being set up, softened, conditioned to saying “”yes”" to that final (when it comes) “”closing”" question, “”Would you sign here, please?”" Their means? A long, introductory series of questions that you, in complete control of your mental faculties, can only say “”yes”" to. Examples: Would $2,000 a week in additional income be helpful to you? Would your wife appreciate the extra luxuries? Would it be easier to set up a fund for your children’s college education? Would holding a mortgage-burning party early make you happy? Would you breathe easier knowing that your retirement is secure?

Yes, yes, yes, yes, and yes–to all 5 questions. Of course. Is there any doubt, really, as to what your logical reactions to such questions would be?

Now the con artist has you in the habit. You are being led, inexorably, like a sheep, to the slaughter, toward the desired end-result, the “”kill.”" This would be your final head-nodding, agreeable acceptance of whatever crackpot scheme or product this
artist is trying to sell you.

How do you break the rhythm, keep a full handle on your conscious objectivity in reviewing his sales presentation? You almost have to play a little game on yourself, a form of self-hypnosis combined with some amusing musings on answers.
For example, mentally–as you go, as he is talking–pose to yourself a mythical “”no”" answering routine. To demonstrate how this might work, let’s go through those leading questions again:

“Would $2,000 a week in additional income be helpful to you?” (No, I enjoy being a struggling paycheck-to-paycheck working slob.)

“Would your wife appreciate the extra luxuries?” (No, she enjoys home canning, making her own clothes and soap, and all the other joys of care-free poverty.)

“Would it be easier to set up a fund for your children’s college education?” (No, I’d only have more time to blow the money, like I might be doing right here, now, by listening to you.)

“Would holding a mortgage-burning party early make you happy?” (No, I don’t want to incur any prepayment or other back-end costs. And, besides, my banker’s got to eat, too.)

“Would you breathe easier knowing your retirement is secure?” (No, this whole concept challenges my Vow of Poverty.)

In sum, beware of stories with happy endings. Often they have unsettling postscripts. Thus, going through some such mental gymnastics–as you go through this person’s “”Yes Man”" routine–might a little better hold your feet to the fire, keep you focused on objective analysis. This, so you will be better positioned for the end-game: when you must ponder the only yes / no question that counts, whether on not to sign on the dotted line.

Jack Payne is the author of the legal thriller, Six Hours Past Thursday, a fictional book about real legal scams. For more information visit this site

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Wallace Malone is retiring as vice chairman from Wachovia Corporation with a sweet and juicy departure package worth at least $135 million. This amount probably will be increased (grossed up) so the poor fellow will not have to fret over paying any income tax on the $135. Incredible, even for doing a good job, though one arguably could make a moral case for such a payment. But what about those who fail?

What about the story from Walt Disney’s Magic Kingdom and Michael Eisner, the former CEO who once encouraged the potential payment of a $140 million golden parachute for Michael Ovitz, his friend who lasted just 14 months as his deputy? Eisner himself was forced out left last year with a package worth nearly $24 million excluding a $300,000 annuity for life. In fact, most severance packages of this nature also contain a dazzling array of other sweet benefits–everything from use of private corporate jets to lucrative consulting contracts, use of secretaries to office space for life, country club memberships to financial planning help. There are limitless goodies executives seem to enjoy in “”forced retirement”" at the expense of shareholders.

Ever-increasing severance packages granted to terminated or otherwise departing executives (which are negotiated into employment contracts upfront) are a part of the growing perception that total compensatory reward is out of sync with performance, or lack thereof. After all, if it is immoral to punish large corporations (like Wal-Mart) for their financial success, it should be equally immoral to unduly reward the top executives of such corporations when they are terminated for poor performance.

What about Stephen C. Hilbert, the former CEO of Conseco, who almost drove that company into bankruptcy but was given $47.1 million in severance for his efforts? Pity Carly Fiorina who left Hewlett-Packard with a tarnished reputation. Fortunately her exit package eased her pain; it was worth about $21 million. “”This is nothing beyond the normal severance we give to senior executives,”" says HP company spokesman Mike Moeller. How sweet is that? Doug Ivester, former chairman of Coca-Cola, left under a similar dark cloud, but to bring in a some sunshine, his severance approached a sweet $120 million. Poor Jill Barad, former CEO of Mattel, departed with $55 million after being fired for her poor performance. Robert Annunziata left the CEO post of Global Crossing in just one year with $15.9 million. L. Dennis Kozlowski of Tyco and New Hampshire infamy was on schedule to get as much as $117 million before he was indicted and convicted for corporate wrongdoing. Incredibly, Tyco agreed to pay a severance package of $44.8 million to Mark Swartz, its former chief financial officer, even while he was under investigation by a grand jury in New York that later indicted him on criminal charges (Drury, Jim, “”It Pays to Fail,”" Sept. 16, 2002, www.chiefexecutive.net). The agreement, by the way, was signed by two members of Tyco’s compensation committee, one of whom was Stephen W. Foss, former chairman of the N.H. Port Authority, who later ran into his own serious problems of wrongdoing (Feingold, Jeff, “”In the Wrong Place at the Wrong Time,”" N.H. Business Review, Oct. 17, 2002, 14b).

Franklin Raines was forced out as Fannie Mae’s chief executive after only five years but will receive a pension of $1.3 million a year for life for his poor performance, though the payment is being disputed. Nice pension for just five years of work. N.Y. Stock Exchange chairman Richard Grasso “”resigned”" on Sept. 17, 2005, at an emergency meeting of the NYSE Board, which voted for his ouster. The forced resignation came only three weeks after the same board disclosed their earlier pay out of $140 million in deferred compensation and retirement benefits to Grasso, at that time praising him for his “outstanding leadership.”

And the beat goes on, with other examples of corporate scoundrels slurping at the trough, examples too numerous to cite in this column. These episodes seem to be classic examples of how powerful people can bend or rewrite the rules to fit the games they play and somehow rationalize it.

No one is arguing that traditional and competitive severance packages are not important or necessary, but many of the excessive ones are incomprehensibly and ironically triggered when executives are getting fired for poor performance. These kinds of payments reflect a callous disregard for those in the office cubicles or on the factory floors, most of whom are simply shown the door when they get fired. That others get fired and get enormous payoffs has become a hot topic of examination, particularly during the past few years which some have called the period of “”Corporate Greed.”" Indeed, such juicy packages often indicate that a particular board of directors is not overseeing the corporate cash register or company management close enough, nor looking out for the shareholders, notwithstanding the Sarbanes-Oxley Act, which emerged in 2002 as a result of the public’s outcry over corporate scandals.

Now, if executives are paid more for high performance because their compensation is supposedly tied to performance, then logic dictates they should get less in the way of severance for poor performance. Why should a top executive knock himself out to perform well when he or she may end up with more money by simply working toward failure? Why not manipulate circumstances so you can be rewarded for failure? It is not at all unusual for some executives to move from company to company, leaving each “”to pursue personal interests,”" but with generous severance for their serial failure. Eventually, if they fail enough times, they can end up with a nice chunk of cash which then can be annuitized for a comfortable retirement in Sedona, Palm Beach or Telluride–or perhaps all three.

Excess severance payments were just one of the many symptoms of the corporate accounting scandals that occurred between 2001 and 2003. Many view Enron as the poster child for this period, though technically the jury is still out (pardon the pun). If so, it is noteworthy that only three people, James Chanos, Jonathon Weil and Bethany Mclean, spoke up against Enron early on. Perhaps the real question to ponder is, where were the others? And where are they now with respect to execessive severance payments–for rarely have so few been so highly paid for doing so little for their companies, shareholders and employees.

“”If ethics are poor at the top, that behavior is copied down through the organization.”" –Robert Noyce, inventor of the silicon chip

Ted Sares, PhD, is a private investor who lives and writes in the White Mountain area of Northern New Hampshire with his wife Holly and Min Pin Jackdog. He writes a bi-weekly column for a local newspaper and many of his other pieces are widely published.

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To many it feels that bullying is something that happens to a few unlucky kids at school, and has no place in the adult world. It can be very difficult to understand what is happening, to realise that it is not the worker’s own behaviour or attitude which is at fault. It is very usual for the victim of this kind of prolonged harassment to suffer from self-doubt, and to wonder what he or she is doing to deserve this treatment. Constant, petty criticism, and failure to meet impossible deadlines, eats away at self-esteem, eroding perhaps years of positive reviews and appreciative managers, stripping away layers of experience and competence, exposing our vulnerabilities. This is particularly the case when one worker is selected by a boss for victimisation, and becomes isolated from co-workers, who are too frightened themselves to take the side of the victim.

Bullying often starts when management selects a worker who they no longer have any use for, and who they want to force to resign. Work will be scrutinised and monitored, as the manager has been ordered to find ‘legitimate’ grounds for dismissal. There is desperate pressure inflicted on a person in this situation not to make mistakes. It becomes a nightmarish battle which the worker has no chance of winning, unless support from a union is sought.

The effects of bullying on a worker can be crippling. Feelings can include fear, impotence, powerlessness, anger, hatred, rage, and the desire to seek revenge. Workers may be so fearful of going to work that they may vomit and feel physically ill before leaving for work each morning. In many cases, a person’s self-respect, among colleagues and co-workers, and the means of his or her livelihood are under siege by constant bullying and intimidation. This is particularly the case when a worker feels trapped, and loses all hope of securing further employment, due to age or a lack of skills and training. When our basic survival needs are threatened we usually experience feelings of terror. When our self-respect is being systematically destroyed, and we feel powerless to do anything to stop it, thoughts of suicide often enter the victim’s mind. Actual suicides have occurred as a result of workplace bullying.

Effects of Sexual Harassment

Sexual harassment infringes the basic dignity of the individual, and can have a devastating effect on the health, competence, morale and self-esteem of those affected. Workers who are being sexually harassed often feel powerless, frightened, demeaned, angry, humiliated, and isolated. Many feel they will be blamed for causing the unwanted behaviour if they report the abuse, so they remain silent. Others feel frightened that they will be demoted, suffer further victimisation or dismissal if they speak out. Feelings of anxiety and stress, loss of confidence, and bouts of illness are common experiences of those who are sexually harassed. A person’s social life and personal relationships may also be adversely affected.

Victims often report feeling ‘dirty’, ‘demeaned’, and ‘used’, particularly if the harassment has been physical in nature. Those who are coerced into giving sexual favours, for fear of losing their jobs, frequently feel angry, guilty, and violated. Often the victim is forced to leave employment without having secured another position, which can cause short and long term financial hardship. Where the harassment is particularly vicious or prolonged, including sexual assault and rape, the victim may experience bouts of severe depression and suicidal thoughts.

Although the majority of victims of sexual harassment are women, men may also find themselves becoming the butt of sexual jokes, and unwanted physical contact. Men have also reported being groped and teased at work by male and female colleagues. It can be particularly difficult for a male victim of harassment to come forward and seek support, due to the fear of appearing ‘weak’ or ‘un-macho’ to workmates.

Effects of Violence

Bullying may involve physical violence being perpetrated against a worker, such as pushing, punching, kicking or slapping, by a colleague or superior. Emotionally, victims of violent bullying often feel deeply shocked, angry, frightened and out of control. There are workers who have been intimidated by employers with the threat of physical violence to self and to relatives, if they dare to involve a union, or to take a case against the firm. This type of bullying is criminal, and the effects on those concerned are long-lasting, severely damaging and deeply traumatic.

Violence may also be inflicted on workers by members of the public. The physical effects of violence can range from cuts and bruises, to broken bones and life-threatening injuries, which may leave the victim scarred, or disabled. Serious assault, even resulting in death, has become a real fear for many types of workers in the course of their duties. Occupations most vulnerable to attack are those who enforce the law (e.g. gardai, army, wardens, social workers), those who handle money (e.g. security workers, cashiers, bus drivers, shop assistants), and those who work in the caring professions (e.g. nurses). Working in areas where there is a likelihood of violence can lead to low staff morale and high levels of stress. (Guidance on the prevention of violence at work: 1995).

The psychological effects of violence on employees include anxiety, helplessness, irritability, soreness, hyper alertness, sadness, depression, and shock. This type of reaction is referred to as post traumatic stress disorder, and can include constant thoughts about the incident, muscle tenseness, fatigue, increased use of alcohol, nicotine and food as a means of coping (Poster and Ryan: 1993).

The Health and Safety Authority has reported injuries to workers which necessitated surgery, and which led to long term disability. A major psychological effect of violence is the loss of self-confidence. Unless this is adequately treated, it may develop into behavioural problems, anxiety, depression, or post traumatic stress disorder. (Violence at work).

Effects of Stress

According to the Health and Safety Authority, workers who endure excessively stressful conditions often experience anxiety and fatigue. They are more prone to making mistakes and having accidents. They are more likely to indulge in excessive smoking, drinking, eating or drug-taking. High levels of stress over a long period of time have been shown to contribute to heart-disease, reduced resistance to infection, digestive problems and skin problems. Striving to meet impossible deadlines or to complete excessive amounts of work often leaves workers feeling anxious, inadequate, frustrated, depressed, and out of control (Workplace stress: Cause, effects and control).

Summary

In summary, the following psychological effects have been reported by workers who have experienced sexual harassment, bullying, violence and stress in the workplace:

· Physical problems manifesting, such as aches and pains, migraine, backache, ulcers, skin disorders, stomach problems, loss of appetite, nausea and vomiting, which may necessitate periods of sick-leave

· Difficulty sleeping

· Obsessive thoughts about work

· Emotional exhaustion

· Bouts of uncontrollable sobbing

· Palpitations, panic attacks and mood swings

· Feeling inadequate, powerless and out of control

· Loss of sex-drive, sometimes leading to impotence

· Emotional withdrawal from family, friends and colleagues

· Feeling unmotivated, lethargic and apathetic

· Increased reliance on drugs, cigarettes, and alcohol

· Feeling anxious, fearful and irritable

· Lacking confidence and self-esteem

· Feeling shocked and bewildered, humiliated and demeaned

· Fear of making mistakes, which leads to a decrease in job performance

· Feeling depressed, accompanied by thoughts of suicide, attempted suicide or actual suicide

· Feeling alienated, frozen out and isolated

· Feeling anger and hatred towards the harasser

· Daydreaming of taking revenge and getting even

· Unfair dismissal

· Constructive dismissal due to severity of harassment

· Leaving employment before another job has been secured.

Lucy Costigan’s book, Bullying and Harassment in the Workplace, (Columba Press, Ireland, 1998), was written for employees, management and employers, to help them deal with the problem of bullying, intimidation and sexual harassment in an appropriate manner. It is also hoped that the book will help to raise awareness that bullying does happen and is happening on a daily basis in work places all over the world. For those who are experiencing bullying or harassment at work the book will help them to identify unfair and unlawful treatment and provide them with the names of organisations where support and help can be obtained. The book will also prove invaluable to managers and those responsible for formulating policies to combat bullying and harassment in the workplace. It will help them to improve staff-management relations. This book also contains many case studies and interviews with Ireland’s top industrial relations organisations. visit this website

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Having been involved in business and politics and watched government attack us business folk and thus having been on all sides of this equation, it is readily apparent to me that the humans are just doing what humans do anyway. Humans are inherently problematic, often very deceptive and not such honest beings in general.

If we thrust the human animal into a modern civilization and the system does not take into consideration human nature it will not be fair and no one should expect it to be. Yet, if we will all step back from the situation and look at what we really have going here we will see what needs to be done and then we can start from there.

You see, as it stands now; Prosecutors often have political ambitions and judgeships are a political event. Lawmakers have interests in remaining in power and need money to do so and adjust the laws for lobbyists with special interest. Lawyers make money by hijacking the law. Cops have IQ of under 103 or they are not allowed to be police and one-third are criminals themselves hiding in broad daylight as protectors of peace? Every criminal I have ever met says they are innocent and every victim I meet wants revenge. So all this is human nature. The system is not taking all this into consideration.

So instead of fixing it all, we make more laws, more complex that no one can understand, totally ambiguous making a perfect breeding ground for lawyers to modify interpretation in order cheat the system, all for a fee. Throw in the financial gain of the free market place and now you have a free for all and what on Earth did you expect in a system filled with humans and system that does not take into consideration its own flaws? Consider all this in 2006.

“”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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Many psychologists and many underachievers have often hypothesized that CEOs, Sports Stars, Famous Generals and CEOs are all very similar to criminals. In fact they all often display very psychopathic tendencies that actual criminals do. Of course much of these traits are shared by all humans but a higher percentage and more often by this group above, which includes criminals too. It is for this reason that that the subject came up in an online think tank when a member stated;

“Although it is worth pointing out that it has been shown that many very successful persons and CEOs display psychopathic tendencies (not violent, just single-minded, ruthless in a non-violent way, and having the mindset of ‘the ends justify the means’, displaying an almost complete lack of empathy), which may be what you were alluding to with the genetic adaptation.”

Indeed this is a well-known fact as you point out and the difference in the behavior of a Politician and a Criminal is surprisingly little. Also the difference between a war hero, athlete and criminal is surprisingly little, as well. Of course when corning CEOs on this issue and asking them what they think of this, they have told me; “well you do not know what I had to go thru to get here” and similar comments from politicians and even superstar athletes. Which I having been all those I agree with their perspectives and understand those comments, yet still find fault with the logic.

Yet, being called a criminal because you run a company which provides goods and services to the masses and donating time, energies and monies back to the common good only to be called a criminal is what has prompted me to retire early. If society does not want what the CEOs are capable of delivering well then, the citizens may find them selves all alone with no one doing anything. Ayn Rand Affect. Causing less abundance, higher prices and lower quality of life, as they vote for more free stuff [healthcare, social services] until the system collapses?

Nevertheless if we look at the CEO and their viewpoints and the debris of public chastising they go thru or battle scars endured one has to ask if those who throw such stones constantly at them, need to look in the mirror, as perhaps the real issues lie with them. In their own self induced negative bio-feedback, busy blaming the world for everything that is perceived to be wrong in their lives.

Does it simply make them feel better to call all politicians criminals? Or all CEO narcissists? You see there really is something to be said about putting others down to make yourself feel good and so they do, as they complain about the doers and simply label them as the problem.

In looking at all perspectives of this situation it seems there are strong people and weak people living in mediocrity, which I believe that the “M” word could indeed be the only true evil. Additionally as I look the academia psycho-babble of all this, I say that the best saying of all is do not judge a man until you walk a mile in his shoes. And since I ran a 4-minute mile in College as track star and I know no one else can because I know the level of dedication, hard work and training it entails; I simply ask the peanut gallery to “shut up” that’s all. And thus I will defend anyone attacked on any side including the peanut throwers in all their sound and fury if they find themselves with a broken glass wall in their house. Perhaps a worthy consideration of thought and some coffee shop philosophy for you. Think on this in 2006.

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

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Tags: ethical, analysis legal, law, policy

The Law of Compensation states that each person is compensated in like manner for that which he or she has contributed. This means that you will always be compensated for your efforts and for your contributions, whatever it is, no matter how much or how little.

The Law of Compensation also states that you can never be compensated in the long term for more than you put in. The amount of money that you make today is your compensation for what you have done in the past. If you ever want to increase your pay/compensation, you must increase the value of your contribution.

Most people want to be compensated first and then they say they will put in the extra work. But the Law of Compensation never works that way.

To increase your pay no matter what you do, first you must put in the extra work and increase the value of your contribution. Once you have increased the value of your contribution and continue to do so on a consistent basis…then and only then will your pay increase.

To become successful and make a lot of money you must do the same amount of work as other successful people do. Your work must have the same amount of value as those other successful people. Once you realize this and do the same as other highly successful people; it will only be a matter of time before you are paid at the same level as they are.

That is the Law of Compensation.

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Tags: law, people, precious, result, ethics

If you are a franchisor you will soon find how incredibly dishonest some humans are, as they attempt to hide, conceal or not pay their royalties as agreed. Honest men with integrity are so hard to find in this; gimme world. Indeed the most important part of any franchise system, especially a rocket ship fast moving entrepreneurial type franchise company is to stay up on cash flow, as there is never enough to do all you want to do. And you cannot stop growing once the rocket ship takes off.

Like all franchisors our company was challenged by collecting royalties and getting paid on time, so I decided to implement late payment charges on past due accounts in order to collect what was owed so we would have the cash flow without depleting all of our initial capital. Below is the plan I instituted and the clause I wrote for our franchise agreement, perhaps this might help enlighten you as to the challenges you will face and give your reason to consider your solution to your own issues, whatever they might be in this regard;

7.22 Late Charges On Past Due Amounts

A late charge will be added to any sum Franchisee is to pay to Franchisor under this Agreement that is not received within fifteen (15) calendar days after its due date. The late charge will bear interest at the lower of one and one-half percent (1 1/2%) per month and the maximum rate permitted under applicable law in the Marketing Area, from the date payment was due to the date payment is received by Franchisor.

Franchisor’s acceptance of late charges will not constitute a waiver of the breach created by Franchisee’s non-payment of any amount when due. Notwithstanding the payment of any late charges, Franchisor may exercise any rights or remedies granted by this Franchise Agreement upon Franchisee’s breach or any rights or remedies otherwise granted by law.

Nothing contained in this Franchise Agreement obligates Franchisor to accept any payments after due or to commit to extend credit to or otherwise finance Franchisee’s operation of the Franchise. Franchisee acknowledge that failure to pay all amounts when due will constitute grounds for termination of this Agreement.

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All franchisors, especially when just starting out must never forget that cash is king and that you must make sure to stay up on royalty collection, as many will attempt to use all your proprietary information and try to never pay you a dime. If you allow this, then others will follow suit and then if you wait to get tough you will end up litigating and paying all the money you collect to lawyers. So, pay attention to this in 2006.

“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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I’m not sure why, how and when the UN came up with a policy to not kill, killers, or to save killers, or to preserve them for posterity in prison cells, but it is a bad policy. And so thinks the Iraqi government, or legal process:“Iraq’s High Tribunal has sentenced Saddam Hussein’s former vice-president Taha Yassin Ramadan to be hanged. He was tried alongside the former Iraqi leader over the killing of 148 Shias in the village of Dujail in the 1980s.” Now anyone in their right mind knows this high ranking devil of Iraq had his hands bloodier than simply killing only 148 Shias, which is a lot in itself, perhaps he should take credit for the mass murders across Iraq during his whole term in office. In any case, I think the UN, as I have often said, is the devils playground for world disorder.

America seems to need it for a platform to speak I guess, but at such a price. The Iraq judge paid little attention, as has Israel, and the US and Russia, and China to the UN, when it comes to self interests, and perhaps with good reason, it is the devils backyard, as I repeat myself. So good for the judging and sentencing and the good men of Iraq, who do not want to pay taxes to feed fat killers like Ramadan. Good work boys. You saved the nation a headache. Plus I’m sure if you would have let him live he would have boasted between his cell mates, how brave he was in killing this person and that person, and so forth and so on (or having them killed). He was indeed, a deadly cockroach.

Now if only we could get the rest of the world behind this policy we’d get rid of a lot of trash, save money, and give a good message to the world’s future legal assassins.

See Dennis’ web site here

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As the international business community grew over the past decades so did the economy. Recent innovations in technology allowed businesses to reach out to the world. Such level of connectivity made globalization a reality. However, this level of growth and connectivity also attracted more of the wrong individuals to the business community. Unscrupulous individuals started putting up legal businesses to serve as fronts for their illegal activities. These individuals use their businesses to camouflage their illegal operations. This is not new in the business community. For decades criminals have been using businesses to hide their operations from the law. The difference is that more and more criminal elements are turning to legal businesses in order to avoid detection by the law. They use their businesses to stay out of reach of the law.

There was a time when criminal elements were limited when it comes to their choice of businesses to use as cover. This made them easier to detect and follow which eventually led to their apprehension. Things are different now; the criminal elements of society have evolved and have become more sophisticated. Their choice of businesses to use as fronts have become more varied making them harder to detect. An import and export business may be used as a front for smuggling operations. It’s easier and safer that way instead of using outsiders to transport their contraband. These criminal elements also use their businesses to move and launder the money. These criminals run their ill gotten wealth which is basically dirty money through a series of businesses and banks. After that they get their money back minus a small percentage which goes to the people involved in the money laundering operations.

Criminal elements make a lot of cash from their illegal operations. These activities may include the transportation and sales of illegal drugs, the transportation and sale of illegal firearms, smuggling of illegal contraband, prostitution, gambling, car theft and a lot more. They use businesses such as clubs and bars to sell drugs and as a front for prostitution operations. A car shop may be used to hide a chop shop operation. These businesses also help cover for their excessive income. Without the use of legal businesses as covers, criminal elements would have a hard time explaining where they got their money. This is how criminal elements conduct their operations and get away with it.

This situation is getting worse by the moment. More and more criminals turn to legal businesses to hide their operations and to keep them safe from the law. The business community has been in this situation for a long time now and there seems to be no solution in sight. The business community should be kept safe from these lawless elements of our society. Law enforcement agencies should find better ways to bring these businesses down faster. These illegal activities must not be allowed to continue. If these illegal activities are allowed to continue to operate, time will come that the business community will lose all credibility. Governments should do everything within their capacity to weed out these businesses that are used as fronts for criminal activities.

Neoko Cortwell is a freelance writer and web designer. If you want to start your own creative journey to becoming a freelance designer yourself, visit Sitegrinder for more information.

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Tags: ethics, business, work, law, global

A young man in Siemens of Brazil got a transfer to Siemens in Virginia in December of 2005. I was talking to him and he was filled with hope. He should be. There is plenty of opportunity and getting a home loan in the US has a very low, low rate.

In Brazil, there is a stark difference. Home loans are a whopping annual 120%! Take that rate and apply it to the US economy and guess what will happen. (Besides the screaming of Usary! Usary!) The economy slows down. That’s what. The US economy would come to a screaching crawl.

On top of that, Brazilian law doesn’t protect dwellers. Take my case for example. I signed a 3 year lease with an owner of a small apartment building in 2003. Shortly after I signed the contract, he sold the building to another man.

I asked the man, “Did you see our contract?” “No”, he responded.
“What happened to it?”, I asked. “Sumiu”, was his response. Meaning that he didn’t know of its whereabouts. Somebody was lying. But who?

You can imagine the confusion and feelings of being violated that I had. Not good. We were in serious trouble. He was remodeling the entire building and he didn’t want us in the apartment. In spite of all this, we continued to pay and he gladly accepted the money. That was our contract, then. Right? Not so in this country. Your word means nothing here.

Then in December of 2005 we received an eviction notice for ‘nonpayment’. The new owner lied to a judge who signed the notice. According to the notice, we had 30 days to leave. And we could not defend ourselves because the lie for ‘non payment’ is considered a ‘material error’ by Brazilian law. In other words, that’s just a euphanism for saying “We know we’er lying, but we can’t exactly frame it properly or that way so we’ll call it a material error.” We have no recourse but to leave. Go figure. We’re returning to the US, that’s for sure.

No more Brazilian law!

Brazil wants to be a world leader championing human rights and political neutrality? I say, and I’m sure that many Brazilians would agree with me, clean up yor own house first, Brazil. You ain’t even close to being ready to take center stage on the world scene yet. You probably never will be.

Ronald Nordquist is an American and a language expert living in Brazil, operating a small business together with his Brazilian wife. They have a 2 year old son. He has an MBA from Oakland University in Rochester, Michigan and an ecomplanet He wants to return to the USA.

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If you are in a car accident and suffer an injury, you should consult with an attorney. Although most people would like to do the right thing and compensate your for your injury, it is rarely up to the person which caused the injury. In fact, it will more than likely be at the discretion of the other person’s insurance company. In addition, as we all know, insurance companies will do everything in their power not to offer compensation for your injury or offer a settlement to you way below what you would receive if you had hired a lawyer. If you did not know, insurance companies profit from this type of under compensation.

An experienced car accident or personal injury lawyer will know how to negotiate with the insurance company, build your case, and take your case to trial if necessary. It is not advisable for you to meet personally with the insurance company without your lawyer present. Insurance companies will do everything they can to take advantage of you and will obtain statements from you that could jeopardize your case if you should decide to sue.

Find the right lawyer can be a time consuming and challenging task. Usually people begin their search when they are in need of one immediately. A lawyer should be selected for their expertise and experience in car accident cases. The right lawyer will have experience in cases such as yours and will be able to take action immediately. The right lawyer will know what to do immediately without having to “research your case” or check court decisions, as he/she should be familiar with your type of case. Selecting the right lawyer will save you time and money in the long run.

Begin your search for your lawyer as soon as possible. A critical deadline called “statue of limitations” and other deadlines may give you a limited amount of time to take legal action.
Do no rely on advice from friends and family in choosing your lawyer, doing so will limit your search for the “right lawyer”. However, if a family member or friend can recommend a lawyer that has work experiences in a case similar to yours, then act on their recommendation and make the appointment to meet him or her.

The most important factor in selecting your lawyer is that you are comfortable speaking with him or her and that you feel that a working relationship can develop. A good working relationship and communication can be a vital key to the success of your case.

For more information, visit this site.

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Tags: ethics, legal, article, attorney, law

At the Federal Trade Commission we have seen attorneys who suffer from the vice of buggery get promoted to higher and more important international divisions. Now then, are these attorneys who have personal sexual problems and are breaking the laws of sodomy not wanted in the main group of Federal Trade Commission Employees? Is the FTC worried about sexual harassment laws? Are they worried about on-the-clock Men’s Restroom “Quickies” and the possibility of the need for an unflattering in-house employee investigation becoming public? Is the Federal Trade Commission afraid to fire these buggerists, for some employee unlawful termination suit? Is buggery so pervasive that the FTC has to invent new titles for these guys so they can be moved up in rank to other divisions? If so why doesn’t the FTC adopt a “Don’t Ask, Don’t Tell Policy” to prevent special treatment of those who suffer from buggery? Can’t the FTC get psychological help for these men who thrust their penis up another man’s rectum? Obviously these human organs were not set up to do that. We know that the FTC continually screw with the natural order of competition and evolutionary progress of efficient competition and survival of the fittest businesses. But why are they now trying to modify humankind’s evolution?

If Sodomy is against the law, why is the FTC not doing backend checks of their employees; after all if they are breaking the laws behind closed doors at home or in the Men’s Restroom at the Federal Trade Commission, then obviously they do not care about our laws in this country. Several have threatened to move to Canada now that Homosexual Marriage has been legalized, yet to this day have not made good on their personal promises. Additionally an FTC attorney has access to information, secret courts, other agencies and abuse of power is ramped in that agency? In one case we studied an FTC attorney was put on an International Fraud Team, thus going to other nations to represent our nation. This of course is not a very good moral showing for the United States and could get serious if they are spreading their legs and spreading AIDS. If so the FTC is liable for whatever happens to those who contract the disease. Furthermore if a person of strong moral character is needed to curb international fraud, then why allow anyone who has the vice of buggery to represent this great nation or our Justice Department? Let’s face it there are employees in the Federal Trade Commission who need help and if this is the fine folks in government we are suppose to respect as a Free Nation and Free Men, then; well, we have not come very far in our mission to: Truth, Justice and the American Way. How can a man administer and monitor the laws, yet break them on their personal time. We deserve more. The FTC is full of employees who suffer from the vice of buggery. Think about it.

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

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Tags: ethics, legal, cases, questions, law

The desire for businesses to make money can sometimes lead to what is considered unethical business practices. Keep in mind the words unethical and unlawful are two separate terms with two separate meanings. One side of the argument states that ethics should not play a part in business as long as the business abides by the law of the land then they should not concern themselves with ethical behavior, but they should act in the best interest of the organization. The other side of the argument states that for an economy to function in a capitalist fashion that businesses must act in an ethical fashion regardless if their actions are legal under law.

Milton Friedman contends that the sole responsibility of business is to increase its profits. Robert Almeder maintains that if capitalism is to survive, it must act in a socially responsible ways that go beyond profit making. The views of these two individuals go to the heart of the argument. This author believes that after reading their material that the views of both are exaggerated. I do believe that a business’s responsibilities do go beyond what is legal. A business has a responsibility not only to the owners or stockholders, but also to the consumer who trust the business is acting not only in a legal manner but a safe and ethical manner as well. If a business goes out of its way to act in an unethical fashion then the business has broken their trust with the consumer. Once a business loses the trust of their consumers then profits will plummet. Seeing that profits are the primary function of a business then it is in the businesses best interest to maintain a trusting relationship with the consumers and continue to act in safe and ethical manner.

Keeping in mind that it is not the purpose of a business to propose or to dictate legislature nor ethical behavior to the individual, a business should not be held accountable for what a small population of consumers consider unethical. If the practice of the business is out in the open and hazards of their products are readily published and do not present the possibility of death involuntarily to the consumer then legislature should not dictate ethical behavior to business nor individuals for that matter.

Joseph Brochin owns and operates Brochin.net. An IT & Telecommunications Solutions provider and consultant. Visit the website

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Tags: business, ethics, law, conduct, issues

My first job after finishing college was working at a small bank interviewing applicants for mortgage loans. My clients were referred to me by large banks that found their credit rating unacceptable. The job was easy and as long as the applicant had some means of making the payments they were accepted. All of my customers were trying to better themselves by having the financial security of becoming a homeowner. Many times I overlooked obvious false statements on the application in order to approve the loan. It made me happy to give somebody the opportunity to own a home. The high rate of interest I charged along with the small down payment was a smart business deal for my boss and was helping him get rich. My pay was good enough to buy a new Caddy Seville and the best of everything.. But After seeing so many of my clients having their homes foreclosed I began to feel guilty and could not sleep at night. I handed in my resignation and told my boss the reason why I was leaving. He said that I was wrong to feel guilty and explained to me why my job was ethical. I will repeat what he said:

“There must be lenders available that make loans to high-risk borrowers and therefore have to have high rates and fees. A mortgage seeker who is turned away from a bank because of poor credit history has to be given a chance to become a homeowner. There is nothing wrong with the lender that gives a borrower that opportunity by offering a higher interest rate. The transaction is of a voluntary nature and. the borrowers make the choice. If one has a poor credit history, then the choices are limited and there is no place to get a loan except with a high interest lender. Is that the fault of the lender? Did someone drag or drug the borrower and force them to accept the loan?”.

I did not agree with my boss and quit, soon I was hired at a national bank as a loan officer. But my guilt followed me to the new job because many of the applicants for a mortgage were low income people with a bad credit history, and were not acceptable for a loan. I felt bad when the manager turned them down. Some said the bank was guilty of redlining or racial discrimination, but the bank refused to change its policy. It was then time to look for new work because I decided that the job as a loan officer was not for me. The next job I took was as an accountant in the garment centre, five years later I applied for a low interest mortgage loan and became a homeowner. But I will always remember those that were not as fortunate.

melpol

Retired and single recluse

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Melvin Polatnick – EzineArticles Expert Author

Tags: money, business, legal, law, ethics

When you look back on your week, which people stand out in your memory? I just completed a seven day speaking and training tour to Ontario, interspersed with meetings, during which I spoke to hundreds of people. As the aircraft was descending back home in Vancouver, I thought of the people who had made a strong impression on me. I came up with sixteen out of hundreds. I could see their faces clearly in my mind. With the exception of one, who was an unhappy, negative type, they all shared the same characteristic that earned them a special place in my head and heart. I added one yesterday, even though I was already home.

From Patsy, a sixty-something waitress at one of the hotels I stayed at, to Edeltraud, an Austrian exchange student on an aircraft, to Jennifer, my publicist who put the whole tour together and made it all work, Jerry, a highly successful businessman who attended every event in Toronto, and Winston, who went the extra 1000 miles as always, they all shared this characteristic. They stake a claim in your heart that earns them special priority. What is it that these people from such diverse backgrounds do, that sets them apart from thousands of others? How do they manage to get and keep your attention and loyalty?

I think real life examples will clarify my point, so here goes. Joan quietly greases the wheels, spending her own money, caring about everybody and everything, with humility and purpose. Although she is very successful, she understands the big picture and is always there for you. Shawn is constantly checking how he can produce a better video, add value, and make it easier for me to work. Richard is a generous, professional, friendly man who makes friends with everyone and brings light into the darkest room. Brenda is always seeking to direct others to their goals, helping them, encouraging them and gently pushing them. And Andrew gives you the distinct impression that he will have your back in any situation. Perceptive, attentive and sensitive to my needs and the situation. I could go on, but you get my drift?

These people are naturally caring and giving people. They understand at a cellular level that “what goes around, comes around”, but that is not their motive. They just care. They like people. They want to help. They are secure and comfortable with themselves. They have high self-esteem that allows them to put their egos on hold. They don’t manipulate others or sacrifice themselves like some altruist or mystic – don’t misunderstand me – they just care about others and it soon becomes abundantly clear that their motive is pure. They’re the Eagles in my life, and I am so grateful to meet and know these wonderful people who are salving balm for the cynicism, greed and dishonesty that is so abundant these days. And they are the type of people who join the DollarMakers Joint Venture Forum. Thank you for being in my life, even if it’s only to point out the raccoon in the garden or ask me if I’m thirsty. You’re Eagles!

About Robin J. Elliott

For more than 20 years, Robin J. Elliott has worked with thousands of businesses in over 49 industries across the United States, Canada, and Africa. He specializes in helping small business entrepreneurs build wealth and gain access to new markets and profit centers through Joint Ventures. Through his Joint venture Seminars across North America he has thought thousands how to create increasing, multiple streams of income without cost or risk and very little time.

Make Money Using Joint Ventures – Watch the free 90 Minute video about how anyone can make money using Joint Ventures here

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Tags: ethic, questions, review, business, law

At 7:00 a.m. in a perfect world, there wouldn’t be a criminal coming to an automotive dealership, wandering the showroom while waiting for his car to be serviced, and while there, taking a credit application and several copies of drivers’ licenses that were left on a salesperson’s desk the night before.

Unfortunately, this major safeguards rule violation and others can happen at any time at any dealership unless there’s an enforced process of adhering to finance and insurance compliance laws.

Some dealerships use the threat of termination to force employees to comply. This approach is effective on the surface, but doesn’t truly make the employee care about protecting the dealership.

Unintentional mistakes can happen during hectic days. For example:

* A salesperson leaves the permission-to-drive slip in the car after a customer’s demo drive.

* A sales manager pulls the credit of a “phoned-in” co-signer.

* With several deals waiting, an F&I manager has a customer sign a blank menu “”in the interest of time”".

But in a government investigation, offering busy-day excuse for such mistakes is like hiding behind a skinny lamppost to avoid machine-gun fire.

The way to bulletproof your dealership and potentially save millions of dollars in lawsuit payouts is to comply with every rule, regulation, policy and procedure.

This is attainable if all dealership personnel are committed to creating and maintaining a culture of compliance. This starts with building habits.

The first step is to totally secure all personal and private information in the finance or sales office with locked doors and file boxes. Identify who will control that information and designate them in your information security plan. Every employee should be aware of the designated managers, and sign an acknowledgment.

Maintain a protected central location for copies of driver’s licenses, deals in the works or any information the sales staff will need to access on a daily basis. Set up a procedure that defines the use of this information. Impress upon the staff that this is the system. Their daily routine will conform accordingly.

Stored deals from previous years and dead deals need to be in locked file cabinets at all times, with only the people designated in your information security plan having access. Sales people will soon realize that only an authorized manager can look up an old deal.

Teamwork is important to a culture of compliance.

Make sure every employee hears you say “we” are protected because of these procedures. And stress this: “We’re a team in every aspect of this dealership, including doing things right.”

That fosters sales people’s respect and reinforces their desire to help keep the dealership compliant.

The goal is compliance as a natural way of doing business.

Take personal responsibility if you catch a violation.

Sit down with the offender and say, “We messed up, I’m counting on you to not let this happen to us again.”

Explain that to protect “our dealership” is why, for example, the employee must fill out a permission-to-drive slip for a dealer plate. Say: “Don’t let the customer leave it in the car next time; it compromises their personal information.”

Because of gained respect for the F&I department, sales managers will enforce 100% turnover to F&I, knowing customers’ personal information is secure.

In turn, the F&I department will help the sales department hold more front end gross.

Good habits developed in compliance will pass over to all areas of operation, such as menu selling.

The F&I manager will give a properly presented menu with all optional products fully explained and disclosed for every delivery every time, no matter how busy the day gets.

In a culture of compliance, the F&I manager will happily get used to making more money and enjoying higher customer satisfaction scores.

Robert W. Linkonis Sr.

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Tags: law, ethics, article, business, marketing

It is time once again to recap the fakery, hoaxes, and all-around trickery online over the past year. It seems like we have had an exceptionally busy one. Thanks to social networking sites, user-generated content, and increasing use of online by everyone over eight years old, we have plenty to write about this time around.

To start the creative juices flowing, I caught “The Hoax,” the Richard Gere movie about Clifford Irving, one of the all-time great fakers (he faked a biography of Howard Hughes and sold it for millions of dollars, eventually winding up in jail). I couldn’t help thinking as I was watching this movie (which of course plays very loosely with real events) how much easier Irving would have had it in the online era of today. Back in the 1970s, he had to get on planes and mail forged handwritten letters with real postmarks and such to disguise the fact that he never actually talked to Hughes. Today he could do the same thing in about ten minutes with a blog.

So the biggest news the past couple of weeks has been the Myspace teen suicide backlash taking place about 40 miles away here in Missouri. The suburban community passed a law making it a misdemeanor to harass someone online. Almost immediately we have a fake blog that purports to be the writings of the Drew family gathering hundreds of comments and fueling the vigilante fires even further. The story, for those of you that have been not online, is about a teenage girl named Megan Meier who killed herself last year over a series of fake Myspace postings from a boy that were actually written by Lori Drew and her older teenaged employee. Drew was a neighbor of Meier, and ironically the harassment law that was recently passed to punish her Myspace postings could be used to benefit her and punish her own blogging impostor. (You might need to re-read the above graf, I know it is a bit confusing.)

While this was happening, a friend of mine was telling me about how he was posing online as a woman, trying to ensnare a former employee of his who faked some reports and was never caught. Luckily, he doesn’t live in any community that has any online harassment laws. Sadly, he thinks this is all le mot juste and his own version of online justice.

Back to the blogosphere, earlier this year we have Dan Lyons (with whom I once worked when we were both at PC Week back in the 1980s) outed for being the author of the “”Fake Steve Jobs”" blog and ensuing book tour. I hope some day I can aspire to be the author of a fake blog that will boost the sales of one of my books. (We assume that the royalty payments go to Lyons and not Jobs, but I haven’t checked.) In the meantime, I will have to settle for being the real author of real blogs.

Lyons isn’t alone, here is a list of several others:

Meanwhile, Steve Colbert’s fake presidential bid is dead in the water as a result of his show being in reruns because of the writer’s strike. The main point of contention of the strikers is how writers are paid for online works, which are supposed to be over real bylnes. Are you still with me?

And let’s now forget earlier this summer with John Mackey, co-founder and CEO of Whole Foods, who posted to Yahoo’s financial Web sites using an alias. Mackey was outed in an FTC document, and it turns out he was writing these posts over eight years. Eight years! No mea culpa, either.

Here’s hoping that you all have a really great holiday season, surrounded by the actual people that you know and love and care about, and that you can step away from the computer for a few minutes too.

N.B. For those of you too young to remember Irving contemporaneously, he also wrote a book about Elmyr de Hory, a noted art forger. Orson Wells did the movie version, which is where we get the title of today’s post. Irving continues to sell copies of the “”autobiography”" from his Web site.

David Strom is a noted speaker, author, podcaster and consultant who has written two books and thousands of magazine articles for dozens of IT publications such as Computerworld, eWeek, Information Week and Network Computing. His blog can be found here.

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Tags: personal, law, legal, business, ethics

A friend of mine owns one of the largest independent web agencies on the East Coast. He is sharp, takes no prisoners and runs his company like a well-oiled machine. Business is great these days. Over the past five years he’s had his ups and downs, but after reviewing the bigger picture, he is taking very cautious expansion steps. When last we spoke, he was focused on a larger space, getting investors and attracting top talent in full-time positions. Our phone conversation went something like this:

“We hired a full-time writer with great credentials and a killer resume.”

“And the problem is?”" I like to tease him for maximum effect…I knew where he was headed.

“Well, it turns out he can’t write worth spit!”

“So rescind your offer and look for someone else.”

“You don’t understand…He starts full-time employment in two weeks.”

“You signed an employment contract?”

“Yes.”

“”How did you not find this out sooner?”"

“His references checked out and his writing samples were perfect…what should I do?”

“Did you talk to your lawyer?”

“Yes.”

I come from the old school of management, so I suggested he fire the guy and let the chips fall where they may. But times are different. Firing someone when they are about to transition from one job to the other can leave even a small company in a precarious situation. 94% of all lawsuits in the world take place in the United States. Suing companies is big business here.

It turns out, my friend had done his due diligence. He saw no reason not to sign the employment contract. Mr. Incompetent put in his two weeks notice and was just about to start. Over a two-week period they had him get his feet wet by freelancing on some projects. It became apparent that this guy had grossly misrepresented himself. After sending me some samples, I realized this future employee was writing below a 6th grade level. At $85,000 a year, this had the potential to be a major lawsuit.

It seemed so cut and dry – employee can’t do the job so fire him. But why can’t he be fired before he starts?

I spoke with another colleague and friend Bruce Fuller, head of Human Resources at Newmark Night Frank of New York City. His response comes from 20 years as a human resource professional…

“To do this justice we have to crank back the video tape and ask a question: How in the world could an offer go out to a corporate writer at that salary and you didn’t know he couldn’t write? The manager who hired this person should be handed their hat. I would bet you a weeks pay his old company is laughing all the way to the bar because they were able to unload this lox on you. At this point the only cheap long shot way out is hoping for an unacceptable background report (If you do them. If you don’t…double shame).

Alternatively, you can hire a good labor attorney who might be able to get you out of this deal, but it isn’t going to be cheap. That’s pretty much it. You’re stuck and have to wait for an opportunity to rightfully terminate his employment. Hopefully you didn’t add insult to injury by finding this person through an outside recruiter and paying a fee on top.”"

Ouch. But it happens all the time – The resume is perfect; the references check out, the writing samples were lightning strikes of brilliant Kafka-esque poetry that flowed like champagne. The advertising world would bow knowing the agency had pulled a major coup. One could almost see the CASIE awards lined up in the trophy case.

The problem is, this person misrepresented himself. Discovering that a potential or current employee has pulled the wool over your eyes can feel like betrayal of the highest degree. I personally have enough war stories on this subject to write a book.

The amount of duplicity that goes into creating such a ruse is astounding. The writing samples, the stable of friends and colleagues who are willing to lie, and the total lack of self-analysis begs to wonder if this person is best suited for life as a CIA agent instead of a writing career. Most of us know when it is time to step up to the next salary level. It’s intuitive. (But then again, most of us have ethics and morals.) Others just want to go for the glory and the money without really taking a review of their capabilities. There’s ambition and there’s stupidity.

Thirty years ago this guy would have been fired. No questions asked. Incompetence was not tolerated. But today, employment law is big money, and incompetence seems to be rewarded with promotions. Driven by fear we seem to be living in a topsy-turvy world which is even worse at the executive levels. I’ve personally had bad managers pawned off on me only to find that they were the laughing stock of the industry. Lawyers have made it impossible to tell the truth about a former employee, and as a result, most new hires are becoming the rotten egg that gets passed from one place to another.

Over eight years ago the New York Times Magazine did a study and found that many high school students didn’t know the difference between right and wrong. One of the most glaring results of the study was when teenagers were asked what defines a thief? One who steals or one who is caught stealing? More than 70% of the students answered the latter. So stealing is okay as long as you don’t get caught? This is why so many bad employment stories like these are becoming the norm. It also explains why many corporations are putting into place background dossiers, blood tests, and a quick double check at the local police department, (just in case). Lying has become the norm.

Case in point: Many years ago one of my business partners hired a seasoned creative director. He did this by not going through HR, but instead, railroaded this guy down our throats. His mistaken belief was that this individual would make us competitive against the bigger agencies.

With a traditional background, this guy had just enough Internet experience on his resume to make him a shoo-in for the job. Despite having experience at the largest ad agencies in the world and a couple of years at a web agency in Chicago, something was fishy. The weird part is that we had very capable individuals already on staff with the same background; they just weren’t seasoned enough for my business partner.

At five-foot-one-inch, this new creative director was a dead ringer for Davy Jones from the Monkees. From day one he treated the staff like dirt. Machiavellian in his approach to management, he couldn’t understand why our staff went behind his back to complain. He vacillated from furious at those who questioned his authority, to trying to be your best buddy. Word spread quickly that Davy Jones was manic.

The next three months turned into hell. No one could control this guy. And as things got increasingly bad, employees began to quit. Worse yet, we couldn’t fire him because we had signed an ironclad three-year contract. (In New York State, the contract is king). My business partners and I tried to find reasons to fire him. The only solution we had was to track every serious problem to build our case. After many discussions, he would tone down his act for a few weeks, then return to his unique, bristling style of management. His performance was great, but he was causing larger morale issues. No one wanted to work with him.

I predicted to my partners that this would end with him exploding or worse yet attacking one of our staff. Yes, his temper was that bad. I was sent away with no solutions. I am not a psychologist, but I know bipolar behavior when I see it.

Eventually, Davy Jones’ anger got him in trouble. During a late night deadline, one of our art directors decided to use a different typeface for a national ad. Davy Jones decided to argue with him and eventually decided the best way to handle this situation was to strangle the living daylights out of the art director. (Imagine a five foot one inch man in high heeled cowboy boots attempting to strangle a six-foot two inch body builder with a European-American background. You get the picture of how silly this was.) That evening, our problem employee was escorted from the building in handcuffs.

If I had it to do all over again, Davy Jones would have been let go at the first sign of a problem. We lost five employees due to our inability to act. What kept us from doing so was the respect we had for our business partners’ emotionally based arguments. Don’t make the mistakes I did. Get rid of the problem fast. We were very lucky the employee who had been strangled didn’t sue us for creating a hostile work environment.

Word on the street evidently spread, because soon afterwards, I began getting phone calls from Davy Jones’ former employers telling me he was fired from his last five positions because of his violent reactions when challenged. I was told of one incident of Davy Jones’ hitting the owner of the largest ad agency in Chicago. Why didn’t his references tell me this earlier? Too little, too late.

So how does one handle a problem like this? Bruce Fuller gives us 3 steps to handling problem employees and the mock scenarios to justify your actions:

“”This is very easy Brad. Document, document, document.

You must clearly state the problem in your documentation outlining the problem, the resolution, and the time period when the situation will be reviewed. Most importantly it must have the signature of the manager and the offending employee. If the employee is unwilling to sign the document, read it to him/her in front of a witness and have the witness sign confirming it was read to the offender.

I find that generally there are three documents needed as follows:

#1 First Offense Documentation

It has been brought to our attention that Little Johnny has been eating other people’s lunches, which has been confirmed by our security camera in the fridge. Little Johnny has been told that this is a no-no and that if he continues to eat other people’s ham and cheese he faces disciplinary action up to and including termination. We will review his lunch habits in one week.

#2 Second Offense Documentation

(appears that letter #1 was ineffective in changing the behavior)
It has been two days since letter #1 and Little Johnny continues to eat other people’s lunches. While we value Lil’ J as an employee, this annoying habit must stop immediately or he will face disciplinary action up to and including termination.
There will be no more warnings.

#3 Final Documentation and Termination Notice

This is a notice of termination of Little Johnny effective immediately. Despite two previous warnings he continues to eat people’s lunches out of the fridge.

Don’t forget that a bad employee attitude can be addressed in the same manner. No need to tolerate someone who poisons the work atmosphere.

The biggest problem is that managers delay starting the documentation process. The sooner the better.”"

Bruno Bettelheim in his book The Uses of Enchantment points out that when fairy tales have the moral lesson removed, we learn nothing about cause and effect. Taking responsibility for our choices is what adulthood is about. We now have an entire generation that thinks Hans Christian Anderson’s Little Mermaid and Victor Hugo’s Hunchback of Notre Dame both have happy endings. Haven’t you noticed? No one does anything wrong these days, it’s just shades of misunderstanding. You still get a trophy for showing up and CEO’s get millions despite driving a company into the ground. This seems to be the result of removing the lessons of responsibility that makes a civilization last.

These stories are not generational either. I have many a story about older, wiser and seasoned individuals with no moral compass. The coming years are going to get sticky. Word on the street is that the economy is getting bumpy and unemployment is going to jump. Many of the larger firms are adding more counsel in anticipation of the glut of lawsuits coming down the road. After all, it is easier to sue than get another job. If America is to be competitive globally, we’re all going to have to grow up.

Most employees believe that if their work is exemplary their behavior will be tolerated. “”Why are you concerned with my lateness, I met my sales quota?”" or “”What’s the big deal, I stay late every night?”" and my favorite, “”You have no idea what it takes to do this job.”" These and many more have been thrown in my face. I guess they’re right – I just don’t get it. But at the end of my life, we’ll compare resumes. I don’t reward mediocrity in myself or in others, and neither should you.

When employees are coddled along and treated to soft management, they learn nothing. It’s not personal, it’s business. When someone is repositioned and told why, they’re given the chance to improve. Increase performance, or change professions. One employee whom I fired ran into me years later. He thanked me for firing him; it was the push he needed to wake up. After that, he took his jobs seriously, eventually winding up at MTV. “”I wouldn’t have found my way if you hadn’t fired me. Thank you.”"

Over the years I have developed my own system for figuring out who is a bad apple. My system would be frowned upon by most HR professionals and employment lawyers. I don’t care. It is my company, not yours and when shareholders want maximum return, it is even more important that I do my own due diligence – my way.

Always remember, people exaggerate the truth on their resumes. Look for someone who seems to have built a career slowly and strategically. Job-hopping may be trendy, but it still smells of “”Can’t get along with others.”" Double check the references, and be creative when asking questions, after all, this person is an investment in the success of your company. We don’t buy things, we buy experiences.

When confronted with a bad seed, document every mistake. Act fast, and keep your company lean. Do not act from fear, act from a strategic position. You’ll be happy and so will your staff. Winners like to work with winners.

Thanks for reading,

Brad Szollose

May I suggest:

A Manager’s Guide to Employment Law: How to Protect Your Company and Yourself by Dana Muir, click this link.

The Uses of Enchantment by Bruno Bettelheim, find here.

The 5 richest payoffs for fired CEOs by Michael Brush. Read it here.

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Tags: legal , law, lawyer, ethics, workplace

“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.

When I was a kid, my friend’s father piled me in the family car along with my friend and his sister. We took a long drive around the city and we were treated to ice cream and candy. It was a big day for us kids. It was the last day for my friend’s father.

My father was the auditor of a large city in the mountain west. Sometimes his accountants would find discrepancies in certain accounts. My father was aware of what could happen to a person caught in embezzlement. He wanted no more suicides like the one that had taken his friend and my friend’s father. Sometimes he was able to prevent a suicide. Other times he could not. Some folks are so embarrassed that no retribution seems sufficient. They take their own lives.

Unfortunately, too many still take the suicide way out. Most others face the court.

Even here in Idaho we read in the newspapers of individuals taking funds that are not theirs from government and business coffers. Some get a tap on the wrist; others are sent to jail. Each case is an individual and family tragedy.

Most people are not intentional thieves. A clerk with access to funds decides that she must get some money to buy her kid a birthday present. She “borrows” ten bucks from the cash box. She puts it back the next Monday after she has cashed her paycheck. She does that over again and again.

Then one day, she doesn’t replace the stolen money (loan to her).

Pretty soon she looks at the money box as a cash cow. She starts juggling the books to cover her pillage.

Then she gets caught.

The accountants say that she has embezzled twelve grand.

She didn’t imagine it was that much.

She promises to pay it all back out of her paycheck. She is terminated and prosecuted. She is fined and she spends three years cooling her heals in the state prison for women.

At least she doesn’t kill herself.

With some of our noble congressmen–who are supposed to be icons of truth and justice–they take a little gift from a lobbyist. Then they go to Canada with him on a fishing trip. Next, the lobbyist is throwing money into the congressman’s charity trust or campaign fund. When the congressman leaves office, he has a ton of money he can spend on himself. Charity begins at home.

Some business men–educated in our noblest institutions–have no morals after graduation. They want power and money. They obtain exorbitant salaries, stock options, and quirks. They suck money out of the corporation denying the owners–stock holders–a decent return on their investment. They cut the benefits to employees and they rifle the company pension funds. These men are called crooks.

To rifle the corporation, they get fancy with the accounting. They claim false profits to drive up the stock so that they can exercise their stock options. They spend company money on personal travel. Some purchase personal items with company money. They accept gifts from suppliers.

They have no shame.

I don’t know what to do about these lowlifes that have no respect for themselves. We have to wait until they get caught so that the courts can handle them.

I’m interested in helping those who have a basis for proper conduct. The ones who had parents that were able to teach them proper conduct. Those who would like to stay honest in all of their dealings.

Here are some suggestions:

1. If your associates are doing wrong that does not justify you in doing the same things. (Are you listening Congress?) If they try to get you in bed with them, tell them that you are not interested. When you get promoted and they don’t, you can straighten them out as to what is proper conduct. If you are kept from advancement because of honest conduct, find another job. Tell your attorney why you left the company.

2. If you were a Boy Scout, recite the Scout Oath occasionally to remind you to stay away from corrupting influences. If you were not a Boy Scout, remember what your mother taught you. (You Girl Scouts figure this out for yourselves.) Try to remember what you were taught in school and at church. Recite the Ten Commandments. Well, do something of this order that doesn’t sound silly to you.

3. Teach your children to be honest. Be an example of honesty to them. Don’t redefine honesty to suit your interest. Don’t let greed (yours or your wife’s) dictate your actions. When you pick up your child ask yourself if you are a good example to your child.

4. We had instructions at one company where I worked to always pay for samples and never to tell the supplier what we were doing with the samples. Another company asked that we take suppliers to lunch part of the time rather than have the supplier always pay the bill. The deeper suppliers get into your business, the more leverage they have. Keep your distance to avoid gifts and overindulgence.

5. Find a picture or a motto that you can hang in your office. A friend of mine had a motto in his office that read: Integrity is being good when nobody is looking. If you have a picture, when you hang it up, say to yourself, “I’m hanging this picture here to remind me to be honest in all that I do.”

6. If you are CEO of a company and the Board offers you and other company officers exorbitant wages, stock options, insurance, and other quirks, suggest that they could be more prudent and that they place the stockholders first. If you want a huge estate like the other CEOs that are ripping off the workers and stockholders, ask yourself this question: Would that really make my family happy or do we have more than what we need now?

7. Give your excess assets to charity or return them to the company when you retire. Don’t spoil your kids with excess. Leave them what they need, not what they want.

8. When you look in the mirror ask yourself: Am I truly being honest?

The End

John T. Jones, Ph.D., a retired college professor and business executive, Former editor of an international engineering magazine. To learn more about Wealthy Affiliate University go to his info site. If you desire a flagpole to Fly Old Glory, go to the business site.

More info.

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Tags: business, ethics, law, lawyer, issues