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Is Rehiring Those You Laid Off Smart?

February 26, 2014 by Thomas

arehire

Experiencing a recession or other financial issue that requires you to lay off employees is one of the most stressful times a small business owner can go through.

But re-hiring those laid off workers may come in a close second if you’re not prepared for legal and other issues that may arise.

Discrimination Claims

If you’re not careful, you may end up receiving a discrimination claim when you start hiring back your laid-off employees. Remember: Fair employment laws apply to rehiring laid-off workers, just as they do to new hires.

Protect yourself by writing a clear rehire policy that lays out exactly how you’ll make the determination about who you’re going to bring back, and when.

For added protection, have an attorney read over your policy to make sure it can’t come back to haunt you in the case of a discrimination suit.

List Your Rehire Criteria Carefully

While writing your rehire policy, be cautious about your list of criteria you’ll use to decide who gets to come back.

Re-hiring based on skills, training, and knowledge of your company and procedures are excellent choices. Re-hiring based on whether or not you can still afford that employee’s salary can lead you into hot water.

Older workers tend to earn more, having worked their way up to higher salaries. If you eliminate rehires based on salary, you may be ruling out these older workers — leaving you open to an age-based discrimination claim.

Embrace Transparency

When you’re making your layoff decisions, and again when you’re rehiring workers, aim to be as transparent as possible about the reasons for both actions.

Employees who are laid off without a real explanation for why they were chosen may harbor resentment toward your company, which can cause morale and trust problems when you bring them back.

When you make your layoffs, ensure that your workers understand what you’ll do about their positions if things change.

If you lead employees to believe their old positions will be waiting for them when business improves, you’re setting yourself up for problems.

Offer Alternate Positions If Necessary

Unless your business operates under a collective bargaining agreement or union pact, don’t be afraid to offer your laid-off workers alternate jobs within your company.

In some cases, your financial situation may force you to eliminate some positions or departments, and you may not be able to bring everyone back at their old pay scale.

If you have to rewrite job descriptions and compensation terms, make sure your workers fully understand them — and the reasons for the changes.

You should also interview laid-off workers for the jobs, so you can reassess their skills and expertise before hiring them back.

And, if your company is in a position to start rehiring, but can no longer offer full-time work to laid-off employees, consider offering part-time positions.

Many workers may decide part-time work is better than no work at all. Just be careful: Don’t promise that these part-time positions will turn into more hours or full-time salaries in the future if there’s no guarantee.

Re-hiring employees you laid off can be a little touchy, especially if word gets around the Internet that how you are doing it is being called into question. Not only can it cause issues with your staff, but your online reputation management could take a hit with customers too.

But if you have a solid plan in place and make sure your workers understand the process, you can make it as painless as possible for both them and yourself.

Photo credit: instanthrsolutions.com

About the Author: Freelance blogger Angie Mansfield covers a variety of subjects for small business owners. From business growth to marketing, her work will give you tips to keep your business running smoothly.

Filed Under: Business Book, management Tagged With: bc, employees, employment, human-resources, rehire

Where is Workplace Drug Testing Most Prevalent?

February 19, 2014 by Thomas

awork

Drug testing has become more popular among U.S. employers that are looking for new hires.

According to the Society for Human Resource Management, 57 percent of American businesses required all job candidates to pass a drug test in 2011, and another 10 percent required testing for certain applicants.

Some types of businesses are more likely to do drug testing than others.

This will depend on the services the business provides. It also depends on the area where an applicant lives – some areas are prone to have more illegal drug use than others.

Meantime, employers may choose to test once as a requirement for employment while others may choose to perform random drug tests.

Among certain industries more likely to test:

Manufacturing

Jobs that require employees to use machinery for manufacturing are more likely to have more drug tests required for employees or new hires.

The number of accidents that occur when employees are using drugs are typically higher than for employees that do not use any mood altering substance.

Some of these jobs require the use of dangerous machinery may have random drug testing and almost always require a drug test if an accident does happen. It is very important for drug testing to be on a regular basis in manufacturing jobs.

Healthcare

Drug tests are part of life for people that work in health care positions.

It should not come as a big surprise this is important, as patients should never be left in the care of someone that is under the influence of any substance. Patients rely on the staff of health care facilities – any employee that is using drugs can be a danger to the welfare of patients.

This is why almost all staff undergo drug testing. As with manufacturing jobs, when an accident with staff or patients occur, there may be required drug testing.

Employers

If you are an employer, you may wonder if you should perform drug testing.

For those employers in an industry where employees will be operating machinery – such as trucking company, delivery driving, manufacturing equipment, or caring for patients in a healthcare facility – then yes, you should.

Many drug testing services exist that can help you decide how and when you should test employees. These services are aware that some people will try to cheat the system through cleanses or even purchased urine. Many services have ways to detect these cheats. Random tests can avoid this cheating.

Before instituting a drug testing policy, you must speak with current employees and let them know there will be testing, and provide forms for them to sign their consent.

Employees

Are you a job applicant?

You might be seeking a job where there are no drug testing protocols. Many people that do not use drugs choose to not take these tests as they feel it is an invasion of privacy.

Prescription drugs may show up on the test and this can allow people to find out about a problem with depression or other illness that the employee does not want as common knowledge.

There are cases of false positives due to certain medications and this can even lead to job loss. In most tests, urine testing is the most common form of test.

Employee or employer, you are going to want to weigh all your options on drug testing. Many new hires automatically assume there will be a drug test, and many times it may help you make the right choice in the hiring process.

As a business owner or employee, what has been your experience with drug testing at your company?

Photo credit: mybinc.com

About the Author: Tina Samuels writes on spokeo removal, human resources, small business, and marketing.

Filed Under: Business Life Tagged With: bc, drug testing, employees, human-resources

As a Boss, How Should You Lead By Example?

February 12, 2014 by Thomas

abossBeing a strong leader for your employees has many benefits.

You’ll have improved employee morale, which will lead to increased productivity and lower turnover. You’ll also have employees who are more dedicated to the company, and who will help you find ways to make it grow.

Here are a few ways you can be a strong leader for your workforce:

Take responsibility

If you make a mistake and blame it on one of your managers or employees, you’ll lose credibility immediately.

Instead, admit it when you’ve messed up.

Admitting your mistakes and explaining what you’re going to do to avoid making them in the future boosts your employees’ trust in you. It also encourages them to do the same, and an environment in which everyone is honest about their mistakes makes learning from them and growing much easier.

Be Inspirational

The atmosphere in any company begins with the boss.

If you want your workers to be motivated and passionate about what your company does, you need to set the example with an inspirational attitude.

Show your passion for how your company helps its customers, and your excitement over a media mention or trade show sponsorship.

Your attitude will infect your employees — for good or bad.

Pitch In

A boss who insists on employee overtime, then takes off early to hit the golf course, will lose employee respect, very quickly.

If your company is facing a challenge and there’s hard work ahead, pitch in and help.

You’ll show your employees that you expect everyone, no matter their position, to be a part of the team. You’ll also earn their respect by showing them you’re not afraid to get your hands dirty.

Don’t Withhold Praise

Some bosses feel that the only time they need to give their workers feedback is when a correction is necessary. But this attitude can create a feeling of resentment among your workforce, which can affect productivity.

An employee who feels like a valued member of the team will work harder to help the company achieve its goals. So be sure to recognize all workers who do a good job, and don’t save praise just for your best and brightest.

Foster a Collaborative Environment

Just because an employee isn’t part of your management team doesn’t mean he or she doesn’t have good ideas for helping your company grow. Encouraging an environment of collaboration, and listening to your workers when they come to you with an idea, can boost morale and productivity.

You’ll also be encouraging workers to collaborate with each other in order to solve issues and get big projects done. Providing constructive feedback on their efforts can further boost employee confidence and keep everyone working together to help you meet your business goals.

Being a leader doesn’t just mean telling everyone else what to do.

By showing your employees you value their input and aren’t afraid to do the hard work alongside them, you’ll earn their respect, and encourage them to work even harder for you in the future.

As a boss, what kind of grade would you give yourself at the end of the day?

Photo credit: Forbes.com

About the Author: Freelance blogger Angie Mansfield covers a variety of subjects for small business owners. From business growth to marketing to online reputation management, her work will give you tips to keep your business running smoothly.

Filed Under: Business Life Tagged With: bc, boss, manager, oversight, responsibilities

Make the Right Call When it comes to Legal Advice

February 5, 2014 by Thomas

Having the right attorney to handle your small business’s legal affairs can literally mean the difference between success and failure. But don’t make the mistake of waiting until you’re in legal hot water before finding a lawyer to represent you.

Paying an attorney to oversee and review all legal matters pertinent to your business operations can help to protect your company’s interests and keep you out of trouble.

The fees you’ll pay for this kind of ongoing legal service are relatively modest when compared to the costs you’ll incur if you put off getting legal representation until you’re already in trouble.

What to Look for

What should you look for when you’re shopping for legal representation?

Like medicine, the legal profession has become increasingly specialized over the past couple of decades. Fortunately, there are some law practices and individual attorneys that specialize in business or corporate law.

If your business operates in a small town or rural area with a relatively limited selection of lawyers to choose from, you should shop for an attorney with knowhow in areas of the law most relevant to business.

In an article for Entrepreneur.com, Cliff Ennico, author of “Small Business Survival Guide,” suggests you look for lawyers or law groups that can provide guidance in the following key areas:

  • Business Organization –  Of particular value if you’re just starting up your business, an attorney familiar with the different types of business organizations and the pros and cons of each can help you decide whether it’s best to set up your company as a partnership, S- or C-Corporation, or limited liability company. Once you’ve decided what best fits your needs, the attorney can prepare the necessary papers needed to make your business legal.
  • Contract Law – Having a lawyer prepare or check over contracts that cover transactions between you and your customers and suppliers can ensure that your interests are protected and that the contract language is legally sound.
  • Intellectual Property – If your company’s goods and/or services are essentially the product of in-house creativity, you’ll want an attorney who can register those products for copyright or trademark protection. Failing that, look for an attorney who has an ongoing relationship with a lawyer specializing in the protection of “intellectual property.”
  • Real Estate: – Even though your business itself has nothing to do with real estate, you will find it necessary to negotiate leases for office or retail space, production plants, and/or warehouses. An attorney can help to get you the best possible deal and ensure that the lease agreements covering such transactions have no legal loopholes that could prove problematic in the future.
  • Licenses and Taxes – No matter where your business is located, local and state licenses probably will be needed to legally operate your company. Your attorney should be familiar with regulations so that all necessary licenses and permits are in order before you open for business. While your in-house bookkeeper or outside accountant will probably prepare your tax returns, your attorney can help get your business registered for state and federal tax identification numbers.

Legal services aren’t cheap.

Generally speaking, large law firms bill at higher hourly rates than smaller law offices. However, larger law firms are more apt to have attorneys in virtually all specialties needed to address your company’s needs.

Seek Out Recommendations

If you want the best legal talent you can afford, talk to other business owners in your community to get their recommendations of attorneys or law firms that have served them well in the past.

If you’re new in the community, you might want to use the services of a lawyer referral service that can steer you to a select number of attorneys that specialize in the types of legal services you require.

Shopping for a lawyer based on ads in the Yellow Pages or TV commercials is definitely not recommended.

Retainer Agreement

When you find the attorney or law firm that seems right for your business, you can draw up a retainer agreement that outlines the types of services you will require, the rate at which such services will be billed, payment and billing terms, and guidelines that govern the renewal or termination of the agreement.

Lastly, you will probably be asked to pay a retainer fee that will be deposited into the trust account of the law firm and against which future bills for services rendered can be charged.

Photo credit: retailtrust.org.uk

About the Author: Jay Fremont is a freelance author who writes extensively about a wide array of business and financial topics, including where to look for the best personal financial advice.

Filed Under: Business Life Tagged With: bc, law, lawsuits, legal advice, small business

Working Moms That Are Making a Difference

January 29, 2014 by Thomas

Often that big idea strikes, and it’s those take charge people that follow them through to fruition to create a successful small business.

In many cases, those people are moms that see an opening and a need for a certain niche, and then turn it into something big.

In doing so, these women don’t give up their “momminess,” they just add “mompreuneur” as one of the many hats they wear.

It All Starts With Passion

The key to becoming a successful small business owner is doing something you love and find passion in. Being good at it helps, too.

Whether you are artistic, practical, crafty or persnickety, you probably have some good ideas rolling around.

Check out these notable moms who have started small businesses and then turned them into great big giant businesses:

  • Heather Allard is a mom of three and successful entrepreneur who, among other successes, is the inventor of Swaddleaze and Blankeaze, wearable swaddling blankets sold in more than 200 stores around the world, including some of the big name catalogs like One Step Ahead. She saw a need when her children were young to find something to help them sleep, and followed up on it, turning her blankets into a small business and then a thriving company with a worldwide market. She also began TheMogulMom.com, a community website for momprenuers.
  • Kelly Lester is another mom who saw a hole and filled it. She is the owner and creator of EasyLunchboxes.com and Art Plates. Art Plates was created after Kelly noticed the bland light switch plates everywhere, so she designed plates with a creative flair. Later, as her children brought their lunch to school, she wanted simple and healthy food without all the extra packaging, hence EasyLunchboxes. Now she owns a top seller on Amazon.com.

Both of these women used their momminess to spot a need for something useful to their families, and then used their drive and creativity to fill that hole, tuning a vision and a need into successful businesses.

Social Media is a Great Marketing Tool

Another thing both of these moms, along with many other small business owners, did was use the heck out of social media.

With blogs, websites, online ordering and social media, they marketed their product and themselves. Moms also usually have great networks, an essential piece of starting a business and getting your name and product out there.

Small businesses begin with a vision and a passion.

With those two things, and a thirsty drive and maybe a Facebook or Pinterest page, your creative insight could turn into a successful small business, and you will still be home to cook dinner for your family and maybe squeeze in a soccer game.

And if all goes well, your small business may end up being not as small as time goes on.

Photo credit: liberatingworkingmoms.com

About the Author: Heather Legg is a writer and mom of two, who covers a variety of topics ranging from parenting to social media to how to become a surrogate mother.

Filed Under: Business Life Tagged With: bc, business, entrepreneurs, families, working moms

Taking Being a Business Owner to Heart

January 22, 2014 by Thomas

Stress in the workplace can take its toll on your health.

As a small business owner, lowering your stress level is vital to your health.  It is also crucial to your performance and ability to work effectively over the long haul.

Follow along as we look at the effects of being a business owner and what you can do to turn things around.

As Big of a Threat ‘As Smoking or Not Exercising’

This characterization from the University of Maryland Medical Center describes the body of research studies that look at job-related stress.  The threat of job-related stress to health is comparable to smoking or not exercising, it proclaims.

The document also states that nearly half of all American workers say that their jobs are “very stressful.”

While some of the biggest job-related stressors don’t affect business owners, such as having no control over one’s responsibilities, lack of job security, and others – these factors still affect owners in other ways, such as making sure the business has enough work/clients.  Other stressors still apply to business owners, such as too much time away from home and family and pay concerns.

One of the most important effects of stress is that of the heart.

A recent study analyzed data from thousands of responders, and it found that those who believed that stress significantly affected their health had twice the risk of coronary heart disease.

It highlighted some other staggering claims of stress and heart health, including a statistic that women in highly stressful jobs are 40 percent more likely to suffer a heart attack.

All of the data suggests that stress can have a significant impact not only on your heart – but your overall stress. Bottom line, the risks are great.

Ways to Overcome Stress

It might not be possible to completely eliminate stress.  But by paying attention to it inside and outside of your work environment, you can certainly alleviate its effects and help both your career and your health.

Here are some ideas that can help you work on overcoming stress:

• Delegate –  It’s OK to let some of the responsibilities go to ease the burden on yourself.  This is a key step to growing the business as well.  Put together a plan for easing the workload to lessen the stress and improve the efficiency of your business.

• Go over your processes, technology, and how your business runs –  Examine inefficiencies that can be improved upon to eliminate unnecessary time, resources, and steps.

• Don’t underestimate the value of a good support system – Talk to family and friends on a regular basis, and don’t be afraid to ask for help – regardless of the situation.

The issue could be that you have too many priorities, responsibilities, and that the overall workload is simply too much.  It may be time to hire an additional person or find a way to help balance it all.

Take a long, hard look at the situation to see if you can get to the heart of the matter.

Photo credit: under30ceo.com

About the Author: Joyce Morse covers an array of subjects, among which include marketing, small business and social media.

Filed Under: Business Life Tagged With: bc, business owner, health, heart, stress

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