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2006 | ISSUE 8 |
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Got Employee Issues? - Document Your Case
Take a typical case of an employee whose performance is substandard. You will usually have a discussion with them in which you outline their performance problems and suggest corrective action. The same situation applies to employees whose personal conduct at work is unsatisfactory. Behavior such as persistent bullying or foul language should lead to disciplinary action, but before you take such action you need to be sure you have the legal basis to do so. In either case, if there are any future repercussions, such as a claim of harassment or unfair dismissal against you then a documented record of actual events and discussions is your best defense. Establish a firm legal footing before acting Most employers are legally constrained in their ability to discipline employees or terminate their employment. The burden of proof is usually on the employer to show that an employee’s performance or conduct is so poor that it merits corrective action or dismissal. Documentation is an essential part of this proof. If an employer takes accurate and detailed notes of all actions and conversations related to disciplinary matters and these notes were made at the time, or shortly after the time the actions and conversations took place, courts are more likely to see the employer’s side of the argument than if the defense is based on memory. Having a detailed record of an employee’s performance or conduct issues can even help avoid a lawsuit ever eventuating in the first place. The employee’s attorney will be less likely to proceed with a lawsuit and more likely to accept a compromise if your records are comprehensive and detailed than if they are sketchy or nonexistent. Recording the proceedings A formal process is useful to ensure all necessary actions get covered off. You need a formal outline to guide any disciplinary meeting as well as to help you record details of what happened and what was said. Begin with a note of the date and time of the meeting, the names and job titles of those present, and the meeting’s location. Before the meeting begins write down all the reasons for holding it; this includes full details of the employee’s performance or conduct issues and the points that you intend to raise with them at the meeting. Take notes during the meeting and do a complete write-up immediately afterwards. Where possible, record the actual quotes from all parties instead of just outlining what was said. If you give the employee a course for improvement and a deadline for accomplishing the corrective measures, note this as well. Record the details of your company’s policies that the employee has contravened if this is the case. If you provide the employee with anything in writing, append a copy to the meeting record. If the employee’s supervisor has also taken notes, ensure these are fully written up by them immediately after the meeting and that they are appended to the record of proceedings. Remember that this is confidential information and restricted to people on a ‘need to know’ basis. Allowing it to spread throughout the business could expose you to a lawsuit even if everything you’ve done is justified. There’s always risk If an employee sues your business for wrongful termination you may find that the outcome is dependent on a jury’s decision. Juries are far more likely to side with an employer that can prove they acted fairly and impartially by presenting an accurate record of everything that’s happened including any pre-dismissal counseling and the performance or conduct that led to the dismissal. Terminating any employee always involves an element of risk and justifies the effort you put into following proper procedures. It’s also best to obtain legal advice before terminating an employee so that you are aware of just how much risk there will be. But documentation in human resources management isn’t just for that purpose. It offers the much more positive aspects of tracking employee performance so they can be commended on their achievements for instance, and of reviewing what training they have had when a promotion opportunity comes up. Keeping records of information like this contributes to a better, more efficient workplace overall. Harness The Power Of Partnership Brand Marketing Partnership brand marketing brings together two different organizations and brands, each of whom already has its own brand equity and its own channels of distribution. Whether it’s a partnership between a chain of pizza restaurants and a chain of video stores or between an airline and an apparel manufacturer, the aim of the partnership is to gain new customers for each by linking their brands and creating incremental marketing exposure. Marketing partnerships are nothing new. Two businesses in related fields that both sell to the same customer base have often teamed up to create special events for their mutual advantage, but now the strengths of partnership brand marketing are being extended into strategic activities with the deliberate purpose of acquiring new customers in all the channels of distribution used by both partners. Partnership brand marketing takes a longer view of marketing activity than its promotions-based predecessors. The objectives now include the creation of a foundation for joint sales and marketing activities that incorporate shared distribution channels and dual-brand merchandising. Partnership marketing programs can also establish a base on which to create a higher level of perceived value for the consumer. Examples of successful partnership brand marketing Two northern Food products manufacturers, Lay's and Masterpiece, teamed up to create and jointly market Lay’s BBQ Chips made with Masterpiece BBQ Sauce. Lay's enhanced its customers’ perceptions of product quality, while Masterpiece acquired greater brand strength and a major new customer. Two pharmaceutical companies, one with stronger product development capabilities and the other with a stronger sales force, teamed up to create and launch a new bronchodilator that has become a leading brand in its market. A telephone services provider has teamed with a security firm to set up a company that provides back-to-base security systems to households and businesses. The telephone company provides the leads and the telephone lines; the security firm handles the sales and installations. Putting together a brand marketing partnership Brand marketing partnerships may take some negotiation effort to create but they can really be worth the effort and become a major business growth driver. Like all business arrangements they need to be carefully thought through before implementation. These are some of the proven rules for building a successful partnership:
Creating strong, relevant and effective partnership brand marketing programs can be the basis of a company's entire marketing efforts. Leveraging the strength of partnership brand marketing to gain increased marketing exposure and extend into new distribution channels is a valuable opportunity for marketers who want to increase their competitiveness in today's rapidly changing marketplace. The Great Computer Debate - Laptop Or Desktop
But times change rapidly in the world of computers. And new ways of running a business have emerged that require access to a computer outside the office as well as in. Now the decision may not be so clear cut. From the point of view of computer technology, laptops now come with pretty much any functionality you can get on a desktop. They are very reasonably priced. You can expand their capacity, and flexibility, with memory sticks. And while they get thinner and less weighty some have increased their screen size for easier viewing. So now the choice may not be about dollars and computing power but about purpose – what do you want to be able to do with this computer in your business. If it is just to sit at a workstation for general use, or if it has to run a particular process, then you might still go for a desktop. But these days you may need something that can match the flexibility of business practice – taking work home; getting information while on the road; running a presentation or sales pitch with a client. The portability of a laptop opens up these possibilities. Best of both worlds Laptops are usually criticized, from a usability perspective, on two main issues - the laptop’s keyboard isn’t nearly as easy to use as the desktop’s and the laptop’s finger operated pad, sometimes called a ‘mouse pad’, is nowhere near as efficient as a conventional mouse. There are simple solutions to both these issues. The business office can have a desktop with ‘docking’ capability. The laptop can be linked (docked) to the desktop when not on the road and the desktop’s keyboard and mouse used. Or a mouse can be added to a laptop. For continual use at a desk the laptop is definitely less comfortable and slower to use than a desktop setup unless you add the separate keyboard and mouse. Working with laptops Because of their nature, laptops are particularly susceptible to damage and theft and typically, because of the integration of their components, they are more expensive to have repaired. Being more susceptible to damage makes sense considering they’re often moved around while a desktop just sits there. But the problem is exacerbated by the fact that spare parts for laptops are usually more expensive than a comparable desktop component. Perhaps the biggest threat to laptops comes from theft. Because they’re on the move a lot they can be stolen – and they frequently are. The loss can involve more than just the laptop - with it can go all sorts of confidential intellectual property such as customer lists, information about new products, and even your own identity details including credit card numbers and bank account passwords. Laptop users do need to be particularly careful about securing the physical safety of their computer and ensuring they have strong data security and backup procedures in place. Laptop or desktop – make it a business decision The bottom line on the desktop vs laptop argument isn’t just one of personal preference, upfront cost or resale value. Good laptops are bringing a much higher percentage of their purchase price at resale (up to 18 months from new) than desktops. And given the changing capabilities of computers, trading up every 18 months or so is not a bad strategy. Up front cost is only one component of total cost and for businesses that need to get in front of their customers, or with employees who need to work out of the office, having a laptop can save time and allow them to secure sales by being able to instantly demonstrate an idea or present their product. You need to consider the opportunity cost of not using one. Almost every business today has a relationship with a bank. Sometimes it’s only an occasional check deposit or withdrawal, but every time you interact with a bank you need to be careful because just doing your banking can expose your account to fraudsters. Here’s a range of common banking related issues where you need to be vigilant to avoid scamming of your funds or just plain clerical errors getting into your account details. 1. Don’t fall for ‘phishing’ scams ‘Phishing’ is so commonplace these days that almost everyone has received an email purporting to be from a bank and requesting confirmation of details like user name, account number and password. No legitimate bank or other financial institution will send an email asking for this kind of information; never send anyone your bank account details via email. 2. Check for fraudulent transactions Get bank statements regularly, monthly at least, and review each statement carefully. Banks can make errors, but it’s also possible that your account has been debited fraudulently. Don’t wait to find out it was the latter - follow up every suspect transaction and be sure that every check debited against your account has been for a verifiable transaction. 3. Keep your account details private All banking documents that contain your account number should be shredded once you’re through with them. The same applies to a deposit slip on which you’ve made an error and to any checks returned from the bank. Treat your account details, including your account number and the exact form of name on the account, as confidential information. 4. Don’t trust wireless banking Wi-fi enables you to access your bank accounts from public places. This can be very handy, but it’s also handy for criminals who can ‘eavesdrop’ on your transactions and acquire your account details without your knowledge. Wireless security in public places should never be considered sufficient enough to protect this kind of confidential information. 5. Use a ‘hard’ password There’s nothing new in the advice to avoid using ‘soft’ passwords, and nothing new about people not following it, either. Your banking password should make no sense whatsoever - using things like family names and birthdates makes it too easy for fraudsters. Passwords on accounts, both for Internet banking and over the counter use, should be changed frequently. 6. Play it safe at the ATM ATMs have become the targets of some fairly sophisticated criminals who capture the details you enter when you access your account and then proceed to empty it out. One method they use is a hidden camera with a high resolution lens which films the password being entered. This can then be matched with the account number on a discarded transaction slip. Be suspicious of any strange boxes or other attachments you see on an ATM and never leave any paperwork behind. 7. Don’t place blind faith in bank procedures Sorry to say, if you think your account is protected by requiring two signatures or even a particular signature before a check will be processed, you need to think again. Not all banks are as diligent as we’d like to think when it comes to verifying signatures on checks, and sometimes even on bank withdrawal slips. This is just another reason to carefully go through every bank statement and be sure it shows only activity that you’ve actually authorized. “The person who figures out how to harness the collective genius of his or her organization is going to blow the competition away.” – Walter Wriston How to make the most of your newsletter Be sure to read each article with the mindset "How could this apply to our business." Thinking of it that way will guarantee that you get value. Better yet, take notes as you read and commit to having the ideas implemented by the time the next edition arrives. Also, make copies for each team member. To really make sure something positive happens, work with your business development specialist to talk your team through the ideas and how to set a schedule for getting them implemented. We're here to help you get started. While every effort has been made to provide valuable, useful information in this publication, this firm and any related suppliers or associated companies accept no responsibility or any form of liability from reliance upon or use of its contents. Any suggestions should be considered carefully within your own particular circumstances, as they are intended as general information only. All rights to the content in this publication are reserved by Ed Lloyd & Associates, PLLC and RAN ONE. Any use of the content outside of this format must acknowledge RAN ONE as the original source. © 2006 Bullseye Business Solutions
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