Posts Tagged ‘legal’

Modern Ethics: Unethical Behavior to Protecting The Bad Mind

admin | Monday, August 3rd, 2009 | No Comments »
 Modern Ethics: Unethical Behavior to Protecting The Bad MindProtecting one’s frame of mind as it pertains to unethical behavior and job security, now exist in the past while major organizations and firms are maximizing their efforts to restore employees and consumers confidence and trust, by implementing a fresh clean slate integrating corporate social responsibility (CSR) activities. Rodrigues (2006) ethical analysis on corporate social responsibility highlights the ethical and moral issues on decision-making and behaviour (Rodrigues, 2006).
In retrospect, ERON executives, one of the largest corporate organizations fell without mercy in December 2001 leaving no financial return for their long-standing employees. Enron employees blanketed their trust in an organization expecting to live comfortably throughout with their retired savings, 401(k) investments. Yet, they were ousted unexpectedly, just as their leaders. Baucus & Baucus (1997) states “”illegality takes money from strategic investments, hurts a firm’s image with its stakeholders…”" (Elkins, 1976). According to CBC News (2007), A British Columbia Securities Commission (BCSC) panel reports Eron executives relegated a carefully planned “”massive fraud”" on British Columbia residents (see it here). These facts substantiated that Eron Mortgage Corporation, Eron Investment Corporation, Capital Productions Incorporation, and Eron Financial Service Ltd. raised $240 million from investors by lying to them.

According to Rodrigues (2006) the mainstream of corporate social responsibility is to contend with intricate issues, such as environmental protection, human resources management, health and safety at work, relations with local communities, and relations with suppliers and consumers (Rodrigues, 2006). The assumption of CSR is that organizations can be trusted to address, on their own, any problems their operations may cause, without being bound by laws and regulations (Rodrigues, 2006).

References:

AmeriPlan Health (2007). click here.

Baucus, M.S. & Baucus, D.A. (1997). Paying the piper: An empirical examination of longer-term financial consequences of illegal corporate behavior. Academy of Management Journal. Briarcliff Manor: 40(1), 129,23. Retrieved October 16, 2007, capella.edu.

Brooks, D.A., & King, C.L. (2007). Civil service reform as national security: The homeland security act of 2002. Public Administration Review, 67(3), 399-407. Retrieved October 16, 2007, from ABI/INFORM Global database.

Eron Mortgage Executives. (2000). Retrieved October 16, 2006, from this website.
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Rodrigues, M.C. (2006). Corporate social responsibility and resource-based perspectives. Journal of Business Ethics. Dordrecht: 69(2), 111. Retrieved October 16, 2007, from ABI/INFORM Global database.

Judith is pursuing her doctoral degree in Management of Nonprofit Organizations while attending Capella University. She has received her MA in Pastoral Counseling from Ashland Theological Seminary. Judith is a single-divorced parent of three teenagers, and is self-employed as a Consultant.

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Tags: unethical, behaviour, workplace, examples, legal

Health Ethics: Drug Testing in Workplace

admin | Monday, August 3rd, 2009 | No Comments »
Health Ethics Drug Testing in Workplace Health Ethics: Drug Testing in Workplace“The prominence of drug testing in the workplace is expanding throughout the country as more and more companies employ drug tests to take a this critical step to ensure the safety and sanctity of the workplace. Optimally, keeping the workplace clear of drug users would ensure greater safety for the employees as a whole and increase the overall productivity of the company, and cheap, easy and accessible drug tests would make that happen. In spite of all this optimism, it is to be noted that drug testing in the workplace was never accepted by most communities as such in the beginning.
It is true that drug use by the employees would lead to on-the-job accidents, absenteeism and employee theft and that recurrent drug testing in the workplace could potentially discourage the use of drugs altogether. The major gripe of the employees was that it was not just the regular drug users and addicts that were being targeted. Drug testing proved a threat to the employment of people who used recreational drugs occasionally. There were fears of knee jerk dismissals of employees that were highly productive and efficient for the simple reason that they indulged themselves in a rave so long back that they could not even remember. Drug testing was promoted as to being focused on counseling and rehabilitating the employees that were detected, but people perceived it as a threat to their employment prospects.

Drug testing in the workplace was also being widely characterized as a blatant violation of the privacy of an individual. Today, these points of protests are dying a slow death as more and more people realize the importance of weeding out drug abusers from the workplace. Drug testing in the workplace in some form is approved in most states of the US, but the practice is not properly regulated in most cases. The people who are subjected to drug testing in the workplace do not necessarily give their consent, nor is it considered essential. The fact that a so called official could walk in and order you to urinate in a vial without a specified reason compounds the argument that this whole practice is a violation of personal privacy.

Although drug testing the employees was considered impractical just a few months ago due to its high costs, a new wave of practical and cheap drug tests flooding the market has caused a phenomenon of sorts. It is not just current employees who are subjected to drug testing in the workplace; prospective employees and job applicants are also put through a drug test before they start off on the job.

Today the hundreds of laws that exist that govern the drug testing in the workplace, most only aid in furthering the confusion on what is acceptable and what is not. To add to the woes, most of these laws do not help through the way they are stated to convince the employees who are on the receiving end of these laws. Still, the practice continually evolves in its execution to encompass more and more employees bringing the dream of a drug free workplace true – one employee at a time.

This Article is written by Lena Butler, the author of TestCountry Health Information Resources, a longer version of this article is located at The Ethics of Drug Testing in the Workplace and resources from other home health and wellness testing articles are used such as TestCountry Drug Testing Kits.

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Tags: legal, ethics, professional, issues, modern

Legal Ethics: Legal Stock Tips Or Con Man Boiler Room?

admin | Monday, August 3rd, 2009 | No Comments »
Legal Ethics Legal Stock Tips Or Con Man Boiler Room Legal Ethics: Legal Stock Tips Or Con Man Boiler Room?“Like a high-gloss diamond ring on the hand of a glamorous fashion model, the offices of a legitimate stock brokerage will sparkle. When you visit one you will not feel like you are going up against a card shark in a gambling casino. You will quickly conclude that these are not the premises of a scam artist’s carnival midway joy ride.
They will showcase a good balance of offerings. Many of these will be with Fortune 500 companies and a good cross-section of well-known, prestigious firms listed on the various stock exchanges. And no quick-buck con men to instantly push these either.

They are usually located at easy-to-find addresses on well-known streets, and are housed in well-lighted, nicely-appointed offices. Very subtly you will get the idea that, while money can’t buy happiness, it sure makes misery a lot easier to deal with.

Extensive biographies of their brokers and other operational and management personnel are most often readily available. Some you will meet, with no hint or talk of up the ante, beat the street, sweeten the pot, a sweetheart deal, or it’s a cash cow.

And, their list of references and testimonials from satisfied customers is usually extensive. No chest thumping, self-congratulatory back slapping of themselves as being the “”best in the financial guru business.”"

In checking out their research facilities you will also find an attempt at thoroughness, a striving to provide fact-digging excellence to support their stock and bond selection recommendations.

In sharp contrast. . .

Much like the face on the bar room floor, a boiler room–or bucket shop–will almost always be located on a back street, in a dingy office. It will have many small desks shoved together, or in tiny cubicles, featuring sales personnel–scam artists– working phone banks, reading from scripts in their conversations. They do not provide wide-spread offerings. And, no research facilities open to the public at this version of a Norman Bates motel either. No extensive bios and no variety of testimonials. Their surroundings are much like the settings in a legal thriller movie.

Do not expect to deal with someone inspired by Mother Teresa. Rather, the boiler room boys will glad-handingly pass themselves off to you as the most gifted authorities on the American free enterprise system since the Rockefeller clan’s bankers. Their specialty, along with their operational goals, is quite different from the legitimate stock brokerage. Learning these differences is essential to your financial well being. Failure to do so could be the equivalent of diving into a lake encased in a cement life jacket. The con men’s “”specialties”" includes:

> Classic Pump and Dump operations.
Just another well-known shell game.

> Reverse of the Pump and Dump, known as the Short and Distort. Here the scam artists spread rumors in order to drive the prices of thinly traded stocks down. rather than in the generally accepted direction, up. Then, they buy back the results of their “”short sales”" at a discount and profit. Most often considerably.

> The selling of fictitious foreign exchange investments. Yes, that’s right, stuff grabbed purely out of thin air. The scam artists know how intriguing it is to seduce with language like “”foreign exchange,”" and how many suckers exist out there who will “”sail”" for this exotic-sounding type investment.

> The selling of risky, small cap IPO’s (Initial Public Offerings). Now, not all IPOs are necessarily poor investments. Some–a very few–are actually millionaire makers. But, the odds against are enormous. The only good, proven millionaire-making potential here is for the scam artists who peddle them. The odds do truly smile on the con men in this investment category.

> The selling of “”house stocks,”" shares in shaky companies–usually tiny firms–that are of OTC Bulletin Board or Pink Sheets quality at best.. These are usually blocks of stock that the scam artists have purchased at a sharp discount. Exceptions? Yes, like IPOs. A select few will flower, flourish, and produce bountiful profits. But, the big majority will reward–only–the con man advocate.

> Maybe the worst of all the practices of these people is the holding back on execution of sell orders. And, sometimes outright failure to execute. (They will go to great lengths to avoid the creation of downward pressure on the prices of stocks they are trying to unload.)

Selection can be of equal challenge–in determining reality as opposed to the plot of a legal thriller book. Your failure at being able to distinguish between the two–differentiate between the legitimate and illegitimate operations–could be costly to you. If you were to, somehow, stumble into dealings with the boiler room boys by mistake, you would be like the lumberjack 100 feet up a tree suddenly coming upon a bee hive. Naturally, you can stomp, cajole, complain. You can threaten them with a law suit.. Of course, you can always try taking a bone away from a pit bull, too. You’d probably get equally as far.

The Con Man’s Blog, and first two chapters of Jack Payne’s legal thriller book, Six Hours Past Thursday, are now available online. Both readable for free. You are invited to visit this blog.

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Tags legal, ethics, professional, issues, modern

Ethics Training Class: Determine Who Your Stakeholders Are

admin | Monday, August 3rd, 2009 | No Comments »
Ethics Training Class Determine Who Your Stakeholders Are Ethics Training Class: Determine Who Your Stakeholders AreOrganisations are finding that not only internal stakeholders, but increasingly external stakeholders are having more of an input into organisational strategy, goals and objectives. Each stakeholder can have differing requirements that they expect the organisation to meet depending on exactly how they interface with the organisation. Have you determined your organisation’s key stakeholders and their individual and collective requirements?
First you need to determine who your stakeholders are! Stakeholders can include suppliers, customers, consumers, shareholders, workers, management, those living in the vicinity of the business location – neighbours, businesses, schools, hospitals, governmental and legislative bodies, certification organisations and non-governmental bodies. The requirements can include, but are not limited to, product safety, product and service consistency and compliance with specifications, health and safety, worker welfare, social accountability, and the organisations actual, or potential impact on the local or global environment, impact on biodiversity and protection of ecosystems, and if applicable animal health and welfare.

The organisation must determine these myriad requirements and develop an integrated strategy that not only addresses organisational performance and cost effectiveness, but also encompasses the needs of its varied stakeholders. However at times these stakeholders may have opposing requirements and the management team will have to determine how they address this issue and this is the role of business ethics. Another output of determining stakeholder requirements is the development of both brand protection and risk management strategies and defining those risks that are acceptable, those risks that need to be managed, risks that must be mitigated and possibly transferred to a supplier or alternative organisation and those risks that are unacceptable and must be eliminated.

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Tags: ethics, issues, legal, cases, business

Ethical Challenges: Maintain Integrity in Home Bases Business

admin | Monday, August 3rd, 2009 | No Comments »
Ethical Challenges Maintain Integrity in Home Bases Business Ethical Challenges: Maintain Integrity in Home Bases Business“There are times when a little of something goes a long way. Take salt, for instance. The right amount can enhance the taste of food. Too much and the food is ruined. Many characteristics of successful entrepreneurs must be balanced or in moderation. Although one characteristic that entrepreneurs can never have too much of is Integrity.
Webster defines integrity as the quality of being upright, honest and sincere. Firmly adhering to a code of moral honor and maintaining incorruptibility is one definition. In business, integrity is all about character and conduct.

The Internet has made it possible for people who’ve never owned or operated a business before to go for home based business success. Unfortunately, the Internet has also made it possible for Internet scam artists to promise individuals who want to better themselves and their financial condition that with one purchase they’ll achieve the American dream. The maker of empty promises takes the purchase money then actually delivers nothing but hype.

If you truly desire to rise above your current standard of living, becoming an entrepreneur is a good way. However, on your rise to the top, it’s important to maintain your integrity. Know your boundaries. Stick with business actions that are legal, moral and ethical.

Natural law has proved over and over that what goes around truly does come around. In other words, the way you act today determines how others act toward you tomorrow. Equally important is the fact that in helping others, people help themselves.

By providing legitimate business opportunities or products to others, you help yourself by creating income and advancing your steps toward wealth. You also make it possible for others to benefit according to the product or service that you have provided.

When you maintain your integrity on the road to home based business success, you are building a firm foundation for your future success to stand strongly upon. When the route you take continues to be the moral and ethical one, not to mention legal one, you are building a solid reputation.

Reputation and trust are important for true business success. What could be more satisfying than the ability to live the life of your dreams and attain total financial freedom to live how, when and where you want to live? Knowing that you reached the pinnacle of success without sacrificing what truly matters.

At the end of the day, regardless of profit or loss, you want to be able to rest your head on your pillow knowing that at your core… your inner being that makes up the real you… you have done right by yourself and the world. You cannot lie to yourself and fake this one. You know what is right in your soul. When actions are taken, or promises are made that go against a code of ethics that is woven into your DNA, you will not be able to escape from the guilt, anxiety and depression that linger. An elementary teacher gave me this advice as I was becoming a teenager, and it works for kids as well as aggressive entrepreneurs… “Do Right, Do Right, Do Right. Sleep Well.”

It isn’t easy to reach true entrepreneurial success. Many try. Few succeed. You can greatly increase your chances of success by maintaining your integrity while en route. You can even shorten the learning curve and greatly increase your chances of success by following in the steps of someone who’s been there, and done that. Get your free copy of the Business Evaluation Guide now. A lot of integrity and a little wise research go a long way on the path to creating wealth.

Take Action, and Create a Life by Design.

Greg Six has been a successful entrepreneur for over 15 years. After having owned motels and rental properties, he found success using internet marketing. He now spends his time coaching and assisting others as they search through the maze of internet offers to find the piece of the puzzle that is legitimate, and will ultimately allow an individual to create longstanding, stable wealth, without sacrificing integrity and honesty.

Visit this site now.

(This article may be reprinted, distributed and published at will, if left completely intact with links in place.)

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Tags: ethics, integrity, business, legitimate, legal

Ethics Guidelines: Guidelines in Dealing With Female and Male Clients

admin | Monday, August 3rd, 2009 | No Comments »
Ethics Guidelines Guidelines in Dealing With Female and Male Clients Ethics Guidelines: Guidelines in Dealing With Female and Male Clients“For the most part, female and male clients are different and they should be managed differently. They act different, talk different, and often expect different results from working with their freelance graphic designers. This isn’t to say that one is better than another – they are equal, but different.
Should you assume that when you work with a male client that you have to be analytical and conventional, and with female clients you have to get in touch with “your feelings”?

Of course not. People are individuals. While there are guidelines in how to deal with females versus males, that’s all they are: guidelines.

Below are some guidelines I’ve come up with from years of working with clients – direct observation from working with over one hundred male and female clients each. Again, one client isn’t better than another one, and there are MANY exceptions to the rule, but this is what I’ve learned and use as guidelines:

I’ve tried to be as politically correct and yet fair and honest about both sexes. Feel free to post your comments, but please don’t call the “PC Police” – these are observations, not facts. I know there are exceptions to the rule, that’s why I’ve called these “guidelines”.

Female Clients:

I use the word “feel” more

Emotionally driven

Want to enjoy the process

Need you to pay attention to them

Task oriented

Change their minds a little more

I give comfort, reassurance

Have to feel good about the project and working with you

Male Clients:

I use the word “think” more

Logically driven

Want to get good results

Need you to hit deadlines

Results oriented

Change their minds a little less

I give facts, figures

Have to feel good about the results

What I’ve found in my 10 years working as a designer is that men and women for the most part are different, but everyone should be treated as an individual. Going in with a game plan like, “”This potential client is a woman, so I’ll need to do XYZ…”" is a huge mistake that can cost you the client as well as respect.

Just knowing there are differences between the two, and having them in the back of your mind when talking to potential clients is enough for any graphic or web designer. Bottom line: understand there are differences – treat everyone as an individual.

Are you a starving graphic artist? Are you having trouble finding clients? Do you wish you knew what to say to clients and how to say it so you sound more polished and professional?

Learn specific approaches that will make you stand out as a freelance designer from literally hundreds of other designers just like you that potential clients can chose from. And get more clients and more projects; stop wishing and become a success now.

Visit this site now, register to take the Designer Challenge and see how you stack up against the competition, AND your 2 free complementary chapters of the Being a Starving Artist Sucks book, AND an additional bonus surprise – all for FREE. These are insider secrets from successful, money-making designers you’re not going to learn in a college or online course.

Change your destiny as a freelance designer, become the successful artist you always hoped you would. Visit this site now, or check out the blog here

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Tags: ethical, dillemas, issues, training, legal

Legal Ethics: Music Could Make You Be Prosecuted

admin | Monday, August 3rd, 2009 | No Comments »
Legal Ethics Music Could Make You Be Prosecuted Legal Ethics: Music Could Make You Be Prosecuted“If you are a business owner or manager and are currently playing music in your venues or considering implementing music on hold, you need to be aware that the music you use must be licensed, or it will be considered illegal use of copyrighted music. If caught, you could be facing steep fines or possible legal action. The music industry is coming down hard on businesses that are unaware of or disregard proper licensing of copyrighted music, as is evident by a recent series of crackdowns on over two dozen venues in Seattle who failed to pay royalties on music they were playing.
(ASCAP) The American Society of Composers, Authors and Publishers, says that these venues have been performing copyrighted music without permission. ASCAP is now actively going after local businesses that have not been paying to use copyrighted music. According to their web site any music that is played outside a direct circle of family and friends is considered a public performance; this includes restaurants playing background music or commonly known as in-store music, DJs and music on hold over phone lines.

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

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

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

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

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Tags: legal, law, music, business, theme

Internet Ethics And Business Fraud – How Do You Decide Who To Trust?

admin | Sunday, August 2nd, 2009 | No Comments »
Internet Ethics And Business Fraud How Do You Decide Who To Trust Internet Ethics And Business Fraud   How Do You Decide Who To Trust?Every website on home based business makes a persuasive pitch. The young man stands by an expensive red sports car. Picture the couple in the foreground with the palatial house in the background. There is a house with fencing, manicured lawns, and scenic views. The visuals support the bait that if you join this program, you too will go from rags to riches with their step to step program.
The capture page which is the first page that opens the website with the message is usually in large print with lots of colors: red, black blue, and yellow. There are the webcams you can play with the testimonials. The only one making money is the promoter who collects money when you sign up.

There are people who are signing up and using money to try to improve their income. These sites are merciless. Even if the site is legitimate, how does someone figure it out. There are so many with no content that it spoils it for the authentic sites.

After trying the coupon sites and survey sites, my outcome was no income. Lots of surveys, cut off before you can get the prize. The information about your tastes are entered and your connection gets shut off before you can complete the prize contest.

Before you know it you have adware on your computer. The contest was a way to get information from you so they can pitch products. If you give dates of purchase for cars, then you emails for car loans or car deals.

If you say you have asthma, you get ads on asthma medication. It is very insidious. The original idea was to get paid for the survey and instead they shake you down to sell you something.

Other sites say they will pay you to sign up for certain products and then you cancel and you still get paid to placing the order. This gives you a chance to take money from advertisers pretending to sign up for the DVD. This can’t hurt the advertiser, because they have deep pockets. What is really happening is the lie is that a customer wants to sign up for the product in good faith. Someone else is getting paid to drive customers to the product and this person inflates numbers with lots of people canceling.

Who is hurt? Every one gets hurt. We are desensitized to the lie. Everyone does it. We use to know the difference. Lying becomes acceptable in certain situations. Situational ethics clears the way since the individual’s need to earn money justifies the recruiting of unsuspecting people. What is a little puff.

They won’t miss the low price. Those checks charged to credit cards add up for the sponsor. Nothing was offered, really. Maybe an ebook that is worthless.

The internet is idealistic where the creator of a website can possibly create information or offer a product or service that is worthwhile.

This pitching to make money is like the pick pocket of the internet. The break down in trust is huge.

How do you decide who to trust?

The internet which has great potential to communicate without middlemen, gets thwarted by these people who trade capture pages for fraud.

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Tags: legal, ethics, article, confidentiality, attorney

Corporate Ethics: Make Real Effort to Change Your Behavior

admin | Sunday, August 2nd, 2009 | No Comments »
Corporate Ethics Make Real Effort to Change Your Behavior Corporate Ethics: Make Real Effort to Change Your BehaviorRichard Maybury says it best — “Can you name one person in all the thousands of years of human history who rose to the top in politics by being honest?” As one political scandal dies down, don’t be surprised when another pops up.
Maybury also quotes one of the most brilliant and infamous books in history: The Prince, by Niccolo Machiavelli. Maybury points out that it is oftentimes misquoted, but never seen for what it really is – the truth “about the inherent nature and behavior of government that few are willing to face.”

This is the way it has been throughout the 10,000 years of human history. So why are we shocked every time a leader, a politician or a man of the cloth, lets us down? Fifty years ago, good guys wore white cowboy hats and bad guys wore black cowboy hats. It seemed to be a simpler time with simpler choices. But today, life has gotten more complex and that complexity is reflected in our current leadership. Integrity, honesty and ethics have become a fuzzy line between what you see and what you actually get.

Maybury goes on – “One of my favorite chapters in The Prince is number 15, in which Machiavelli lists the characteristics generally thought to be desirable in a political leader: generosity, compassion, faithfulness, courage, purity, flexibility, religiousness, and others. He explains that the leader must fake these virtues but cannot actually have them, because they would ruin him.”

So the next time you think a particular politician is there to save you, remember, it’s just show business.

Yet, not everyone is so easily corrupted. Just give some people the choice between leadership with perks, and leadership with both perks and power and watch what happens. Some put in these roles thrive, while others become corrupted. But, make no mistake about it, certain professions are made up of the hubristic and corrupt, and there is nothing we can do about it. When people let their lower animalistic nature run wild, there is no more control. As I said before, when one scandal dies down, be prepared for the next. It’s the nature of politics.

But how does this affect leadership in general? At the political level it is one thing, at the corporate level, another. How would you handle a scandalous problem as an executive? Here are three suggestions to help get you back on track and save face.

1) Admit Your Mistakes (as Honestly and as Truthfully as You Can).

Being on the board of directors for K2 Design years ago was thrilling, but it was also a tough lesson in revealing to the public the right information at the right time. Yet at times, being unable to share it right away can leave one with a sense of frustration, especially when the news is groundbreaking and positive. But what happens when the news is negative and shareholders equity is at stake?

Speaking too soon can destroy a company and ruin shareholders trust. So pick your battles, and in most cases, take the blame and resign. Unfortunately, someone has to clean up your mess, and getting out of the way will expedite the process.

On the other hand, telling the whole truth up front and attempting to make things right may be what the doctor ordered to reestablishing your credibility as well as your company’s. Who knows, you might even be forgiven. Turnaround specialists are masters at telling the truth, taking action and getting corporate profitability back on track. Take a page from their handbook and follow it.

Don’t bury the truth. That serves no one but you. Schedule that press conference and come clean…today. Jack Welch, when he was at GE, mastered the delivery of bad news while balancing future potential. Study the masters.

2) Make Real Effort to Change Your Behavior

On the road to regaining trust, try actually changing your behavior. Just look at how many celebrities sign up for rehab. It is so effective that courtroom judges grant leniency when someone admits they have a problem with substance abuse and voluntarily checks themselves in. Changing your dysfunctional activities goes a very long way to regaining trust. Time may reveal duplicity on your part, but consider your immediate actions. They are the ones that show up in the history books.

Want to have an impact? Take a good look as to why you got into hot water in the first place. Are you greedy? Do you feel you’re above everyone around you? Are you duplicitous by nature, assuming that everyone is the same? Is your behavior something that requires you to sneak around? If so, try not to wait until the public discovers your faux pas during the evening news. Get help now. If the press has reason to put you under a microscope, your reaction early on will be the one you are judged by.

And do us all a favor, don’t fake it. Show up and do the work. You’re not fooling anyone but yourself.

One thing that seems to be missing from our society these days is a sense of shame. You may not know this, but there is right and wrong behavior.

And last but not least…

3) Time May Be Your Only Ally

In a relationship, time will make things fester, but in the corporate world where trust has been destroyed and investors’ actions are hinging on the next press conference, time is the only sure-fire strategy that will help put the events behind you.

Former Presidents Richard Nixon and Bill Clinton were able to put their pasts behind them because their legacy far outweighed their transgressions. Give it time. Eventually you’ll look like the comeback kid. Who knows, maybe even a certain New York Governor will be able to return to some sort of public office someday.

Unfortunately, time may be all you have. Here are just a few samplings of companies that have successfully and unsuccessfully put the past behind them:

Volkswagen took over 25 years for global consumers to forget that their biggest spokesperson was Adolph Hitler. They made a huge comeback in the 60′s by introducing the VW Beetle to the Hippy Generation.

In Bhopal, India, during the early morning of December 3, 1984, a Union Carbide subsidiary pesticide plant explosion released 40 tons of methyl isocyanate (MIC) gas into the air. The resulting deaths numbered over 3,000, but testimonies later on from doctors who provided medical assistance during the tragedy claim that over 15,000 was the real number.

Today, Union Carbide (now owned by Dow), is attempting to put the past behind them with a feel-good ad campaign. They introduce us to an element missing from the organic chemistry chart: Hu. It stands for the Human element and we are bombarded with eco-friendly scenes of people — the driving force behind everything.

The Union Carbide website explains away their past by placing the blame on every possibility except Union Carbide. Lawyer-speak is inauthentic and stands out like a sore thumb on their site. Some things should never be forgotten. It’s all a little creepy when you remember the past and the events of Bhopal.

Ironically Union Carbide is owned by Dow, the makers of Agent Orange.

Bear Sterns was showing signs of over extension a year ago. Who were they protecting? Not shareholders, who entrusted them with their money that’s for sure.

In these turbulent times learn to be honorable and incorruptible. Then stand by your management style. Make changes to yourself and to your organization not because it affects the bottom line, but because it is the right thing to do.

Your staff will follow you anywhere so long as you have integrity, fairness and a vision. Without your people, you wouldn’t be a leader. One can’t exist without the other. But, avoid Machiavelli’s suggestion that you should fake these qualities – who wants to follow an executive who’s faking it? And believe me, people know.

Thanks again for reading,

Brad Szollose

May I recommend?:

Richard Maybury’s newsletter – The Early Warning Report, check the site

This is a one of a kind newsletter that focuses on geopolitics, history and investment advice. I also recommend his books, especially these 5 in his Uncle Eric series: Whatever Happened To Penny Candy?, The Money Mystery, Whatever Happened To Justice, Ancient Rome: How It Affects You Today, and The Thousand Year War in The Mideast: How It Affects You Today.

For Richard Maybury’s books go to this link

Maybury has the unique distinction of being the ONLY newsletter with a 98% renewal rate. My wife and I enjoy reading it. His books and newsletter will help you understand how the United States got to where it is today financially, politically and morally.

Sign up for Maybury’s work now before you vote in the next election and before your nest egg is gone.

Former Dot Com IPO Boomer Brad Szollose, is an award winning leadership strategist, author and professional speaker who shows executives and entrepreneurs how to operate in the Information Age.

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Tags: ethical, issues, legal, politics, public

Ethical Law: Punishing Those Who Commit Fraud

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Ethical Law Punishing Those Who Commit Fraud Ethical Law: Punishing Those Who Commit FraudIt is a rare occurrence that someone who commits fraud on a business owner gets punished for their actions. Why? Because 90% of the fraud perpetrated on a small business owner is done so by a close friend, relative, or trusted employee. The small business owner entrusts them with what they appear to know, accounting. Many times the fraud occurs over years of time leading to the statistic which shows that the amount of loss by small businesses is greater than that of all the Enron type corporations combined. One man started his business, trusting that his brother in law would take good care of his finances. He expected the first year to be slow, but when he continued to bring in the money and still seemed behind suspicion didn’t enter his mind for a long time that something wasn’t right. His brother in law was stealing from him, and even had the audacity to loan him some of his own money when the business “needed” it.
In another case, a man’s God-mother, over a period of four years, stole over $900,000 from his business. He decided not to press charges and is still recovering from the loss. In yet another case, a close friend took advantage of being promoted to manager and used company funds for everything from paying for his child’s day care to paying off relative’s credit cards and vehicles. The owner has been hurt, but is of such a good heart, that pressing charges was a very difficult decision for him to make.

In one county here in Florida, the county commissioner decided to put his friend, previously convicted of stealing money from a private school foundation, in charge of the finances for the county schools. Several million dollars later, he sees his decision as ‘unfortunate’. The fact is that as it becomes easier and easier for the fraudster to commit his or her crimes, the conscience is dulled and they tend to repeat their actions elsewhere. In Orlando, the mayor gave a multi-million dollar project to a friend who had been experiencing financial difficulties, and now Orlando has several vacant uncompleted buildings in downtown. The mayor’s friend has just recently declared bankruptcy for his business and himself.

No one forced these ‘criminals’ to do what they did. And no matter how sad the story, the result is the same, they were embezzling or stealing from someone else. Some business owners have insurance that will cover fraud, but the insurance company will insist on pressing charges, or the loss will not be covered. And sadly, some business owners walk away from that in an effort to feel better about not putting a friend or relative through the horrors of prosecution and imprisonment.

Believe it or not, some business owners keep the fraudster on in another capacity so that they can ‘repay’ what they have taken. As a small business owner, you have to understand that chances are, the fraudster will repeat his actions elsewhere if allowed to go free. If the previous business owner had pressed charges perhaps you would not be facing the loss you have. Do a favor for the NEXT business owner, punish the criminal, for while forgiveness of wrong actions is admirable, there is still the fact of personal responsibility that must be applied to those who have broken the law. Forgive them after the barred door shuts behind them.

David Roberts, CFE, CQBPA, MBA, lives in Kissimmee, Florida with four girls, three dogs, two snakes and one wife. He has been a member of the ACFE for four years and has been studying fraud for longer than that. He is the owner of Homesoon Accounting Services which specializes in Quickbooks Consultations and Fraud Prevention and Detection.

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Tags: legal, ethics, article, confidentiality, attorney

Office Ethics: Employment/Workplace Retaliation

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Office Ethics Employment Workplace Retaliation Office Ethics: Employment/Workplace Retaliation“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.

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Tags: ethical, law, legal, ethics, workplace

Unethical Business Practices Should Be Avoided

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Unethical Business Practices Should Be Avoided Unethical Business Practices Should Be AvoidedBad press and lawsuits are things that every business owner fears. Bad press can ruin your reputation, as well as your business, and lawsuits can bankrupt you. The easiest way to avoid both of these situations is to avoid unethical business practices. There are very easy ways to avoid unethical business practices.
First, adhere to the old standby that honesty is the best policy. Be honest in all of your business dealings, whether it concerns vendors, customers, or employees. This also means that you need to use honesty when reporting earnings and expenses, when paying employees and vendors, and when disclosing information to customers.

When you are faced with a complaint, whether that complaint comes from a customer, a vendor, an employee, or the community, the complaint needs to be dealt with head on. Burying your head in the sand, and hoping that the problem will go away will only serve to make the situation worse, and because you are responsible, this isn’t the ethical way to handle problems. Never try to spin your own version of the truth to make the problem not look as bad as it really is. This will only damage your reputation in the long run.

When many companies are using unethical business practices, instead of trying to correct the problem, they try to cover it up. They will even go as far as paying loads of money on advertising and public relations to try to hide the problems at hand. Again, this is an unethical business practice, and it should be avoided. When mistakes are made, address them clearly, apologize, do better, and move on. The community as a whole will respect you a great deal more for this than they will if you do nothing, or try to hide a problem, only to be found out later.

Ethical business issues often arise that have little to do with the workplace, but a great deal to do with the product that is being sold. It could be that there are dangers with the product that were only recently discovered. If you are practicing ethical business, you will notify the public about these dangers, and depending on the extent of the danger, you may need to recall the product – even if it means losing some money, and losing some business in the future. Recall the product and fix the problem, and you will avoid a loss of your reputation, as well as lawsuits. When you recall a product, you get press, but because you took the appropriate ethical action, it isn’t considered to be bad press.

Placing blame is another issue. When problems occur, it seems that a businesses first instinct is to look for someone to blame, instead of taking responsibility for the problem themselves. Not only is this unethical, it is almost childish in nature, and it does little to instill trust in the public, in employees, or in vendors. If the issue arose because of a mistake that an employee made, depending on the seriousness of the problem, the employee may be fired, but it is unethical for the business to name that employee. In the public’s eyes, it is the company that made a mistake, and not an employee.

Again, there are many unethical business practices that crop up in the business world on a day-to-day basis. For your particular business, it is important to constantly monitor yourself and your employees to ensure that you are operating above board, and that unethical business practices are dealt with immediately, in the best possible way.

This and other topics that deal with corporate communications, business to customer relationships, and sales training through Collective Vision are just some of the topics discuss.

And now I would like to offer you one of my book chapters absolutely free. You can get instant access here

From Jed A. Reay – The Communicator/Connector and Visionary Master Sales Trainer.

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Tags: business, ethic, legal, scam, unethical

Ethical Issues: The Law of Lawmakers

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Ethical Issues The Law of Lawmakers Ethical Issues: The Law of LawmakersDuring the next year or so that we all get to enjoy this restful industry-wide slow-down, I think it would be a great idea to work on re-building our industry from the inside; actually it’s long overdue! Lawmakers in many States and on the Federal side, daily are creating new duties, requirements and regulations to help protect the public from the residential real estate mortgage lending industry – our self-policing unfortunately didn’t exist much the past several years, so now they’re gonna ‘teach us a lesson’ and make originators directly personally responsible for more! In addition to now being ‘banned’ in several States, there’s even a Federal Ban on No Doc, Stated, etc. being considered today! In fact, these past several weeks, more than a dozen State lawmakers have been ‘tightening the screws’ on originators in many areas.
Broad and substantive mortgage lending requirement and laws being passed I see, are creating a ‘duty of good faith and fair dealing.’ One of them says mortgage originators (mortgage brokers & loan officers) ‘shall act in the borrower’s best interest and in the utmost good faith toward borrowers, and shall not compromise a borrower’s right or interest in favor of another’s right or interest, including a right or interest of the mortgage originator.’ A mortgage originator shall not accept, give, or charge any undisclosed compensation or realize any undisclosed remuneration, either through direct or indirect means, that inures to the benefit of the mortgage broker on an expenditure made for the borrower – a full blown fiduciary duty like most other trusted professionals have.

This approach subjecting originators to harsh discipline & aggressive punishment, I have been in agreement with for many years myself – but I frequently see it falls far short in many cases.

Here’s what I mean. The individual loan officers (where it seems much of this legislation is aimed), we all need to recognize are not mortgage experts, they are in fact the entry level position in our business. Far too many of them are not ‘career minded’ but instead see themselves as ‘commissioned salesmen’ – a secret they keep from the public. If they were more ‘career thinkers’, they would take the time to improve their understanding of our business, instead of a narrow focus mostly on their commission earnings. The more career minded ones among their ranks, spend the time needed to read & learn from several regular industry trade publications. During that time invested, they frequently see articles, as I do, about the thousands of disciplinary actions taken against wrong-doers in the business.

Unfortunately they are considered as ‘independent contractors’ by a great many employers; they advertise and communicate with potential borrowers with virtually no training – when in fact they really have no business being out there independently, in the unsupervised wilderness.

So let’s all try and work on their ethical attitudes and educate them on what’s right and what’s not OK. Let’s start with these three (3) very basic issues which every single one of them should already know, I mean they should know all this right now; from my experience many of them don’t however.

First off, let’s quickly discuss the ground-breaking Federal Truth in Lending Act, which (among other things) created “APR.” Be sure all the LO’s YOU know, understand that they are required to provide potential borrowers with an accurate APR whenever they reply to a comment containing an Interest Rate. ie: They take a casual inbound phone call, and are asked “what’s your rate?” – be sure they also quote the APR which goes with the loan ‘rate’ they speak into the telephone receiver, or on paper if they write it down – in an e-mail or even on cocktail napkin! They should have been taught that on day #1 when they first started.

Second, and speaking of e-mail – there’s the Gramm-Leach-Bliley Financial Modernization Act of 1999. The GLB Statute addresses customer privacy issues on a national basis. Among many different requirement of this wide sweeping law, e-mail communication with potential borrowers that contain personal information (even JUST their name), must be password protected! Translated: LO’s cannot legally e-mail back and forth with a potential borrower using any old e-mail client they choose, it must be password protected (with at least 8 characters). They should have been taught that on day #1 when they first started.

Third, RESPA and it’s frequently discussed ‘kick-back’ section, LO’s need to be 100% familiar with. They cannot give ‘anything of value’ for a referral as a Thank You to the referring party when a referral customer closes … over $25, under $25 or otherwise … nothing. They should have been taught that on day #1 when they first started.

We are the most widely regulated industry in the Country – these are just part of three of them … there’s dozens and dozens more. Again, we need to breed/guide a whole new crop of ethical and law abiding LO’s, for when the cycle reverses again in a couple of years. And not by telling them they’re going to go to jail, but by having the right and proper ethics and integrity — is the way to go.

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 to Peter online.

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Tags: lawmakers, state, legal, cases, issues

Law and Ethics: Retaliation

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

· Age Discrimination

· Disabilities Discrimination

· Harassment

· Sexual Harassment

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

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

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

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

· You vastly improve the employee’s case

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

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

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

Of particular interest is the following:

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

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

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

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

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

#11: Thou Shalt Not Retaliate!

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

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

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Tags: law, legal, discrimination, ethics, management

Leadership Ethics Training: Changes From Top Till Flow To the Bottom

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Leadership Ethics Training Changes From Top Till Flow To the Bottom Leadership Ethics Training: Changes From Top Till Flow To the BottomManagement is the process of planning, organizing, directing, coordinating and controlling. Pig management is the management which follows the same managerial process and has a comparison with lower management. It is impossible that a Pig can look at the sky. It only looks down and runs with other pigs without aiming.
A Few Indian Management (Industry or Institution) follows Pig Management. The nature of the management only gains the profit not providing quality. They have a comparison with lower industries and Institutions. They don’t like to see the sky and assent for quality management. They are happy about their profit. In case, they are not able to get Profit, they fire on their employees without searching for solution.
If they reach profit, they praise themselves.

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

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

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

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

How to avoid pig management:

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

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

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

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

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

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

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

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Tags: management, work, rules, law, legal

Ethics Article – How Good is Your Word?

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Ethics Article How Good is Your Word Ethics Article   How Good is Your Word?Do you follow through with what you tell people you will do? When you say ” I’ll call you next week”, do you? When you say “Let’s get together soon”, do you mean it or are you just saying it to be CORDIAL? In business, when you tell a salesperson “Let’s do some business down the road”, are you sincere. Perhaps is it an easy blow off to get the salesperson out of your hair? If you say “Let’s go out Friday night”, do you follow through or is it all fluff?
A few weeks back I had a discussion with a related cousin who I knew, but not overly well. The discussion was about if he wanted to go on a golf trip with the boys.

Now , I’ve run my share of golf trips over the years. How it usually goes is that everyone wants in the night of drinks and discussion. When it’s time to put up the deposit money, most are nowhere to be found.

Why is this? Do people not want to say no? Is it the drinks talking? Do they just want to sound cool and say they will go? Do peoples word mean anything these days?

Well, this time , I figure I’ll capitalize on my past experiences. At the first meeting my cousin states that he is 90% “in”, as long as he doesn’t have a prior work commitment. Fair enough. The next day, I call him to confirm the previous nights conversation, now that the beer cobwebs are all gone. He confirms that he is serious about going , assuming no work conflict( that was his chance to get out).

Three weeks go by. Time to get the hotel reservations and golf tee times. I call the cousin for a final confirmation. He advises he can t go…… he ‘s going to a baseball game that weekend. What?? Doesn’t sound work related to me.

So my question is .. what exactly does 90% “in” mean? Where is people’s word these days? Does it matter what they tell others? While others spend money, make plans and commitments, are they free to just change their mind, without even a care?

For my cousin, he may not think twice about it, For myself, I learned a wee bit more about his character. I also learned about his word…… and what is BEHIND IT.

My parents raised me so that if I said I was going to do something, I better darn well do it. Remember the days of business deals being done on a handshake. No contracts. Just two people giving each other their word of honor.

My word equals my character, my reputation. There is a famous quote that states that is takes years to build a good reputation, and a day to ruin it. When you think about it, your word is really all you have, so it should be used with caution, and taken very seriously.

What about you? How good is Y O U R word??

About the author:

TA Smith is the founder and creator of Smile-Therapy.com A graduate of UMASS, Amherst. A former Dale Carnegie graduate. Smith loves to golf, ski, read, walk his chocolate labs, and listen to jazz and country music. Smith’s motto: Work hard, have fun, help others and make people SMILE. Visit this site to continue reading.

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Tags: ethics, issues, business, unethics, legal

Ethics Issue: Culture and Collusion

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Ethics Issue Culture and Collusion Ethics Issue: Culture and CollusionCulture is ubiquitously defined as “the way things are done around here”. Note the distinction between how things are done and official mantra, company rhetoric, policy and even, relevant instruments of law. It’s what we do and allow others to do that says more about who we are and what matters than any elegant vision and values statement sitting behind perspex in board rooms with marble and fresh flowers everywhere.
I would characterize organizational culture more pointedly. I would rather define culture as what we are and aren’t prepared to put up with. It is when we are tested that one understands the true character of both a person and an enterprise. Jan Carlsson, former CEO of the Swedish International Airline referred famously to watershed moments in customer service as “moments of truth”. Organisations face “moments of truth” in the context of culture. Behaviour that is committed (when it didn’t have to be) is one moment of truth. Bad behaviour called once it’s committed says something about the integrity of people who won’t sit by and watch bad stuff perpetrated. But the third and very telling moment of truth is when behaviour is consequenced.

At the risk of appearing to be name dropping (shamelessly and sorry, without names) I was doing coffee with an AFL Football Club president some time back when he politely excused himself to take a call following “Mad Monday”. He was particularly interested in whether or not anything was likely to blow up in the media that could cause anguish for the Club. When assured by the senior player who’d rung him that nothing untoward happened, I heard my coffee companion ask why. The simple answer coming back was “because we knew there was no way (Coach) would wear it”. If clear and reasonable boundaries of behaviour are set in a healthy culture where people are committed to the team, it’s vision and are protective of brand, most if not all can be relied on to do the right thing.

Having said that, many if not all of us have had a sudden rush of blood to the head and said or done something we wished we could take back. But when we do step over the line, is that behaviour called? Religious dogma would suggest that if we witness and don’t act, it is as if we committed the act ourselves. It is not just when we’re young and at school that others drop their gaze, shift uncomfortably in their seats, laugh nervously for fear of being next; sheepishly and tacitly condoning aggressive or ridiculing behaviour. It is undoubtedly happening in a boardroom somewhere near us all right now.

Have you ever wondered about corrupt business practices? Do those who do never get witnessed by those who don’t. Unlikely. How does a crooked cop, (and I believe they are in the overwhelming minority), a drug-addled athlete or a defiant trading floor sharebroker keep doing what they’re doing and remain part of an insidious in-crowd? At the risk of sounding naive, how shameful to think that supposed cleanskins working in corrupt environments sit by apathetically, or gutlessly and turn a blind eye to shonky practices, intimidation of others or smear campaigns. And if fear of retaliation is the reason, how reprehensible to think that anyone might work in such a climate of fear that speaking up could result in harm to themselves or their families? Something or someone has undoubtedly failed them. But potential dramatic and life threatening consequences for speaking out are not the common condition. In many situations there will be those bystanders who unreservedly disapprove but hold anti-dobbing policy as sacrosanct as ethical business practice or clean policing.

How many of us come forward when push comes to shove? According to the magistrate who heard the case, certainly not the bus driver (who “could have done more”) or other members of the drunken group of Ocean Grove footballers watching a mate torment an orthodox Jew walking down the street with his two small children; not former Amcor executives listening to others talking about Nazis and gas chambers and how Hitler should have done a better job; not staff of the West Coast Football Club who counselled and cajoled errant players but evoked no consequences until it was too late. And why? Because Cousins was a demigod and only mere mortals have substance use problems.

And what of behaviour consequenced? The Amcor Board took decisive action and sacked several of its executives in the wake of the price fixing allegations that emerged in 2004. Christine Nixon attempted to do that months ago when she sought powers to suspend and/or dismiss police over serious matters and still some police members cried foul and still the Police Association defended them to the death. What does someone have to do in this country before an organisation can cut the tangled parachute for the sake of others? The smear campaign against Janet Mitchell, former Police Association President eventually wore her down and ran her out of town. Ultimately the OPI will determine whether or not the infamous Kit Walker affair and the defamatory emails allegedly sent by someone in the Association are worthy of further scrutiny or punishment but what about the casualties of war along the way including organisational brand and public confidence? Why should thousands of other dedicated and decent sworn and unsworn staff of Victoria Police have to pay a price?

In an era where companies are obsessing (yes, right word) about how to hold on to good people, why give them the cringe factor about their employer as collateral damage? What does scandal, corruption and poor culture mean for the collective esteem of those who work in an organisation where bullies, sociopaths, misogynists, bigots and narcissists rule the roost either formally or informally. What respect exists for senior managers who may not perpetrate such examples of bad behaviour but effectively condone it because the perpetrators are popular and charismatic, opinion leaders or money makers or well-connected to the right people and therefore become Teflon-coated?

It is imperative in a civilised democracy country like ours that there are laws and regulations that obstruct impassioned managers wishing to jump the gun on process and punish or exit staff without the punishment fitting the crime or worse still, where no ‘crime’ was committed. Thus the means to uphold the principles of natural justice must be fundamental to any workplace relations regime. The system must make it difficult to do the wrong thing but if we are going to jealously guard good culture, it must not be almost impossible to do the right thing. Undoubtedly many organisations make brave decisions every day about what they will or won’t put up with. The context in which they operate must support that and where an employee can always cite custom and practice as a reason why things shouldn’t change, ethical management will draw a new line in the sand, ensure everyone can see it and demand that everyone respect it or expect to face the consequences. A Spanish proverb notes that every cask smells of the wine it contains. We will inevitably be judged by the company we keep and what we condone and reward in the people that work in our companies.

© Leanne Faraday-Brash

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Tags: ethics, issues, ethical, legal, unethical

Ethical Law Towards Gas Price Fixing

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Ethical Law Towards Gas Price Fixing Ethical Law Towards Gas Price FixingThose of you, who believe gas price fixing does exist, raise your hand. My guess is that the vast majority of you raised your hand. Clearly, you now have some hard evidence to support your fear. Not that there should be any doubt about gas price fixing when virtually all gas stations in local markets sell gas at the exact or close to the exact same price. Never mind taking into consideration the record profits of petroleum companies.
The Canadian Competition Bureau (CCB) uncovered a gas price fixing scheme in Victoriaville, Thetford Mines, Magog, and Sherbrooke; all located in the province of Quebec. In all, eleven companies and thirteen individuals have been charged. To date, three companies and one individual have pleaded guilty and have been assessed fines totaling just over $2 million. The companies charged displayed the following banners: Shell, Petro-Canada Irving, Olco, Sonerco, Esso Irving, Ultramar, Petro-T, Irving and Esso. Please note that banners refer to the posted banner by the gasoline stations, not the specific oil companies.

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

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

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

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

For a complete list of the charges, click here

Visit author’s here to continue reading.

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Tags: law, legal, ethical, business, cases

Ethical Questions Defining The Values

admin | Sunday, August 2nd, 2009 | No Comments »
Ethical Questions Defining The Values Ethical Questions Defining The ValuesNot too long ago, I brought together all of the department heads of our organization in order to establish and clearly define our company’s core values. One of the questions I posed was, “What values are important to us?” Not just as individuals, but as an organization.
History teaches that many companies soared to success for a few years, only to come to a crashing halt. The reason? No clear established values.

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

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

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

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

1. For what do we want to be known?

2. Why do we do what we do?

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

Bonus: Here are the values of RTI:

1. Excellence – Always strive to get better.

2. Family – Family before work.

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

4. Service – We exist to serve.

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

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

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

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

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

3 steps to get ahead in your career and relationships

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

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And so much more…

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

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

1. Imbalance

2. Broken focus

3. Unfulfilled relationships

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

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

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Tags: ethical, questions, legal, law, business

Political Ethics On Corruption

admin | Sunday, August 2nd, 2009 | No Comments »
Political Ethics On Corruption Political Ethics On CorruptionOver these past years one matter which has caused me great concern and which I have attempted to address is CORRUPTION.
When driving into Bethlehem leading a Pilgrimage I asked the Arab ‘Palestinian’ driver where all these new luxury houses came from and he replied – “From Gaza money”. And yet, the European Union and other Donor Agencies continue to give Aid in cash to Gaza and West Bank communities – where corruption is excessive – and to other nations too where sums of money appear to disappear!

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

Morals affect morale much more than is realised.

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

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

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

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

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

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

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

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

Sandy Shaw

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

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

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

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Tags: ethics, workplace, law, legal, corruption

Verizon – Ethics Should Play The Greatest Role In Business

admin | Sunday, August 2nd, 2009 | No Comments »
Verizon Ethics Should Play The Greatest Role In Business Verizon   Ethics Should Play The Greatest Role In BusinessWhether you want to buy a used phone as an upgrade to your existing account or simply replace a broken one, it is getting more and more difficult if you are provided service by Verizon. It seems that Verizon has taken steps that are not in the best interest of their customers, almost forcing them to buy brand new phones rather than reactivating used ones.
It is no doubt that cell phones are BIG business and it seems that Verizon might be making some attempts to make it even larger and more profitable for them. Keep in mind that when you “sign up” for service from one of the major carriers you usually sign a 2 year contract. Not too long ago it was only one year. You are also charged an early termination fee if you should happen to break that agreement. The new trend that seems to be employed, most notably by Verizon, is to retire your cell phone once your agreement is up and you choose to move on or upgrade.

So what does “retire” mean? How do you retire an old phone and why should anyone care? First of all, “retire” means disabling the ESN (electronic serial number) that identifies that phone. This means that once the phone has been disabled, it can no longer be re-activated. So again, you might ask, “What’s the big deal”? Well, the reasons are two fold.

1. First, and most importantly, that phone is your property. If you should decide to change carriers after your term is up or upgrade to a new phone, you should be able to do what you want with it. It is somewhat similar to your car. Once your payments are up, does the finance company deactivate the VIN thus rendering your automobile useless? Of course not. So how does a large carrier, like Verizon, get away with it? Technology changes so fast that the laws cannot keep up with it. Eventually, a young, new and energetic lawyer will initiate a class action lawsuit that will force the courts to examine the issue. That is similar to what is going on now regarding the early termination fees that the carriers charge for breaking contract. There is Governmental movement to ban the practice. But again, let’s not gloss over the ownership rights of the phone. You bought it, that gives you ownership. Ownership grants you the right to do what you want with the phone (within legal boundaries). To have a carrier render the ESN useless could be construed to be nothing less than stealing the phone from you. You are probably thinking, “Why would they do this? How could they benefit from this?” The answer is simple. Revenue. If you cannot reactivate a used Verizon cell phone and you have more time on your contract, then you must buy a brand new one. So the next time you drop your phone one too many times or get it wet and it doesn’t work anymore, the likelihood that you will be able to go online and buy a used Verizon cell phone will be slim to none. Get ready to shell out several hundred dollars for a “run-of-the-mill” cell phone. So now you own a useless phone which brings us to the second reason why you should care.

2. The second reason you should care centers around the environment. If you have 1 million Verizon cell phone users over the course of say five years have their cell phone ESN’s retired, then what do you think might happen to them? I would venture to say they would not end up at a recycling plant! I doubt anyone will take time out of their day and spend a fortune in gas to drive to a recycling plant to dispose of one or two phones; it just isn’t going to happen. They are more likely to find their way into your household garbage which will find its way into our landfills. The problem? Cell phones are highly toxic and enough of them could do serious and irreparable damage to the environment. It is irresponsible for a company of that magnitude to inadvertently encourage people to dump their useless cell phones into the environment, all in the name of the dollar!

That is the fundamental reason behind the creation of cell phone buyback companies, such as SellMyOldCellPhone.com, to help recycle used cell phones and keep them out of the landfills. So that when people broke their phones, they could purchase a lesser expensive alternative used cell phone. Some people simply want to upgrade, but before buying the new one, they want to try a used one first to see if they like it. When carriers render the ESN useless, they cannot do that. People are forced to buy brand new phones. Old useless cell phones end up in the garbage, polluting our environment.

What can you do about it? The best thing to do is just be aware of this. Knowledge is power and power enables people to make change.

1. First and foremost, when you call an agent on the phone or visit one at a local store, do not be surprised when the first thing they tell you is, “It can’t be activated.” Do not settle for that as an answer. Some agents simply do not know what they are doing. I have encountered that problem numerous times. Insist on another agent until you get one who can handle the problem or request to speak to a supervisor. The ones who may lack knowledge are followed by the ones who were trained to “sell, sell, sell.” You can’t make a commission if you don’t sell service, accessories, or a phone and a store cannot make money if they don’t sell service and phones.

2. Do not hesitate one minute to write a letter to the company threatening to cut off your service and go with another carrier. You might think, “Big deal, no one is going to listen to one letter,” but you would be surprised what happens when they start getting a stream of letters all threatening to cancel service. Sprint had the worst customer service record of all the carriers for several years recently and eventually culminated into a huge financial loss, thus forcing them to change their practices. They had what appeared to be the highest exit rate in their history. Also, don’t be afraid to follow through with your threat. They are a cell phone service provider, not a home or auto loan. There are no legal repercussions. Look for companies that do not engage in these practices. A lot of small, local cell phone carriers (like Pocket PC and Cricket) have these practices. They are month to month with no termination fees.

3. Finally, if you choose to sell your cell phone to a buyback company, such as SellMyOldCellPhone.com, let the carrier know that they must “release” the ESN for reactivation. All release means is that they remove your name from the phone and make it available for re-use. Do not settle for any excuses as to why that cannot be done. You are the customer and the phone is yours as long as you have met your obligations (which might be changing soon, regarding the termination fees).

We let these large companies dictate to us how the rules work, when in reality, without our money, they have no rules. We are all guilty of just accepting what we are told by these giants, but sometime we need to remind them who pays the bills!

Mr. Johnson has been the operations manager of a website for the past several years. He has noted a large increase in the number of Verizon phones that cannot be reactivated. A similar trend has been noted in the industry.

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Tags: legal, ethics, problems, rules, professional

Ethical Law To Protect Your Business

admin | Sunday, August 2nd, 2009 | No Comments »
Ethical Law To Protect Your Business Ethical Law To Protect Your BusinessIn our previous article, we spoke about how to protect your business against natural calamities. Continuing along the same line of discussion, let us see how you can keep defend your small business from a disaster of another kind – a big lawsuit!
A lot of people are apprehensive when it comes to starting their own business, for a very specific reason, which has nothing to do with the conduct of the business, or market conditions. Their concern is the possibility of their business being dragged into a lawsuit and the consequent havoc it can wreak. Do we need to remind you that when an entrepreneur is taken to court, he not only loses money, but also time, reputation and peace of mind?

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

1. Be careful when dealing with employees.

Your employees can take you to court any time.

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

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

2. Take care with contractual terms.

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

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

3. Check your business insurance policy.

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

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

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

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Tags: business, law, legal, ethics, protect

Ethical Legal Issues-Business Legalities And The Right Side Of The Law

admin | Sunday, August 2nd, 2009 | No Comments »
 Ethical Legal Issues Business Legalities And The Right Side Of The LawStarting a small business is no child play! The rules and regulations governing enterprises might seem quite complex and more than anything…endless! While it might be a bit frustrating, it is very important to get the rules right before contemplating a new business. Starting with naming the business, right until expansion plans and beyond, the legalities must be taken care of to avoid greater trouble later.
Queries regarding the mandatory procedures and accompanying paperwork tops any amateur entrepreneur’s FAQ list. Some of the most basic requirements are as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Tags: business, law, legal, ethics, rules

Ethics Review: Why Do Clients Distrust Contractors?

admin | Friday, July 31st, 2009 | No Comments »
Ethics Review Why Do Clients Distrust Contractors Ethics Review: Why Do Clients Distrust Contractors?If we start out with this question, what comes to mind? Where does this come from? Kind of like, which came first the chicken or the egg? I really believe that the person that holds the purse strings is one of controls the situation. So where do bad contractors fit in?
A possible scenario of events that cause a client to distrust contractors or say that contractors are no good, starts with the client wanting a job done, and through whatever means calls several contractors in order to obtain estimates for their job. The customer then asks for a price for painting their house. Let’s say there are three contractors, these three contractors individually meet the client. The client then asks each contractor as much information as they think they can get. As soon as these contractors leave the client forgets which contractor said what. The contractors then estimate the job. The client then asks the contractors to e-mail, fax, mail or drop off their pricing estimate. The client then takes the estimates and lays them out on the table. The majority of painting contractors estimates are not very detailed, so the client focuses on one thing – .Price.

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

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

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

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

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

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Tags: business, legal, law, rules, customer

Introduction to Ethics For Success In Business

admin | Friday, July 31st, 2009 | No Comments »
Introduction to Ethics For Success In Business Introduction to Ethics For Success In BusinessRecently I had a client ask me questions about another client. He was a bit taken back when I would not answer his questions. He asked me, “Why Not?” He was not that satisfied with my reply that it was the same reason I would not discuss him with anyone else. I then had to tell him about the Rules of Professional Conduct that I adhere to, which includes a rule on confidentiality of information. This rule states in part that a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.
As an attorney, I am bound by confidentiality. I could lose my license to practice law by breaking this rule. In business, even though you are not bound by a set of professional rules of conduct, being discreet is also essential. Too many people overlook the importance of confidentiality in business.

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

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

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

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

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Tags: business, ethics, rules, law, legal


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