LEADERSHIP Fall 2016
Online Advertising pg. 4 Learning to be a Safety Buddy pg. 12
Causes of Conflict Preparing for Business Lawsuits A Look at Cancer in the Workplace
Leadership Fall 2016
MINES & Associates 10367 West Centennial Road Littleton, Colorado 80127 800.873.7138 www.MINESandAssociates.com
A word from your Account Management Team... Welcome to the Fall 2016 issue of Leadership!
Summer is nice but eventually the heat does start to get a little too much, so with that we welcome the Fall weather and the wonderful color changes and cool air that comes with it. This issue we’ve packed in a lot of content dealing with wellbeing (go figure, huh?). This includes organizational wellbeing with articles on Causes of Conflict, Preparing for Business Lawsuits, and 10 Tips for Financially Troubled Businesses. In addition, we are also looking out for your and your co-workers’ personal wellbeing with some resources on Cancer in the Workplace, a gloomy subject but important nonetheless, and some material on Learning to be a Safety Buddy to stress the importance of accountability and creating a safe work environment. We hope you find this information useful this fall but if there is anything else we can do to help this season please call MINES at 1-800-873-7138, we are here to help. To your health!
– The MINES Team
. . . . . . . . C re d i t s . . . . . . .
Life Advantages - Author Delvina Miremadi ©2016 Causes of Conflict pg. 4 LexisNexis Martindale-Hubbell ©2016 Preparing for Business Lawsuits pg. 5 BusinessUSA.gov ©2016 Online Advertising pp. 6-7 Nolo Legal Press ©2016 Ten Tips for Troubled Businesses pp. 8-9 Wellness Library Health Ink and Vitality Communications ©2016 A Look at Cancer in the Workplace pg. 10 Learning to be Safety Buddy pg. 11
2016 2016 is the year to get involved! Don’t worry MINES is here to help you do just that by highlighting important topics throughout the year, along with resources that will help you get involved with the issues that matter most to you, helping to not only enhance your own wellbeing but giving you the tools to get out and make a difference in your community. Total Wellbeing will continue to connect the dots and relate all topics this year to the 8 core dimensions of wellness: Physical, Occupational, Intellectual, Environmental, Financial, Social, Spiritual, and Emotional Wellness to make sure you have a crystal clear picture of how you can achieve your own Total Wellbeing.
Total Wellbeing Get Involved
Physical Spiritual Intellectual Social
Total
Emotional Financial Occupational Environmental
In 2016 MINES & Associates will be talking about the importance of getting involved with the issues that are important with you. MINES will be talking about national events, social issues, awareness months, and more to make sure you know whats going on in the world and how it connects to your wellbeing and what you can do to make a difference!
Enhancing Social Wellness Your Community Matters
The 8 dimensions of wellbeing don’t just apply to one person, they apply to our entire society. Social influence is a huge factor that contributes to each of our levels of wellness, but it all starts with the individual. With this in mind, our challenge to you in 2016 is to see how you can not only enhance your own wellbeing but those around you as well. Get out there, get involved, be well, and see if you can’t inspire your friends and loved ones to do the same. Game on!
Wellness Webinars
Support from the experts
Wellbeing
Join our partner, Brown Richards, for any of their monthly webinars. 2016 will cover great new topics ranging from organizing your life, facts about cancer awareness, productivity, communication, and much more! Visit our website to learn more, or register for upcoming events at www.minesandassociates.com/webinar.
Is there a topic you’d like to see us explore? We’d love to hear from you. Shoot us an e-mail at communications@minesandassociates.com and let us know what you’d like to see.
www.MINESandAssociates.com | 800.873.7138
Causes of Conflict The reason why conflict happens can fluctuate depending on the situation and the people involved. However, there are four main issues that can often create a difficult situation, regardless of whether you are with a loved one or a colleague. They are:
1. Miscommunication
Something is said or done by one person that is misinterpreted by the other. In turn, conflict arises because the two parties do not understand one another’s viewpoints.
2. Differing Perceptions
This occurs when two people witness the same situation, yet come away with different views of what happened. They interpret things differently and do not see eye-to-eye. While neither person is right or wrong, this situation can often make it difficult to find common ground.
3. Differing Value Systems
All of us have different value systems, and sometimes they don’t peacefully connect with one another. Think about a situation when you thought you saw something unethical, but a colleague or friend saw it as perfectly ethical. When this happens, conflict can arise.
4. Competing for an Outcome
Sometimes there may be only one problem, yet two or more people believe they have a solution. Oftentimes, in this conflictproducing situation, people want the outcome that benefits their own personal interests and disregards the others.
“Those with experience in conflict resolution know that when you meet conflict head-on and give everyone a chance to share his or her side of the issue, the conflict can be quickly resolved.”
How to Quickly and Fairly Resolve Conflicts The simple truth is that conflict is not something you can ignore and expect to go away on its own. It is something you have to address directly, make a point to listen to all sides, and be willing to communicate even when it makes you uncomfortable. Those with experience in conflict resolution know that when you meet conflict head-on and give everyone a chance to share his or her side of the issue, the conflict can be quickly resolved.
By acquiring the knowledge and skills to calmly respond to a disagreement and resolve it, you will be better prepared to keep a moment of adversity from escalating. Here’s what you need to know to handle a conflict with a friend, loved one, or coworker: • Set a time and place where everyone involved can meet and discuss what’s happened.
• Be willing to admit that there’s a problem, as well as admit your own contributions to the problem at hand.
• Avoid being accusatory and using “You” statements. Discuss the situation from your perspective using “I” statements. • Make a point to ask direct questions.
• Communicate that you understand what’s being said and ask questions about the situation if you don’t. • Share what you want the outcome of the resolution to be and ask the others what they expect.
• Regardless of the outcome, agree that you’ll contribute to whatever benefits everyone and helps reduce or prevent further conflict. M
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Preparing for a Business Lawsuit Shield Yourself from Personal Liability Exposure It’s smart to prepare your business for potential lawsuits down the road. Some lawyers advise that every business should be incorporated or formed as some other type of limited liability business entity. While incorporating is no guarantee against personal liability exposure, it's certainly an effective shield against the risks and dangers inherent in operating a business.
Insurance
Having the right insurance in place is a must when trying to protect you and your business if you are sued.
An insurer has an obligation to defend you on claims where there is a potential for coverage under the policy. This means that, regardless of the outcome on a lawsuit, your insurance company may need to hire and pay for a lawyer to represent your interests in the litigation. If you're liable for a claim that's covered under a policy, an insurance company will also have an obligation to indemnify (cover) you against any judgments up to the policy limits.
Insurance coverage questions are very complex issues. To get more specifics on what type of business insurance you should have, call your agent. Also, read your policies and ask your agent to clarify any questions you have.
Policies and Procedures
To reduce the chances of getting sued, it also helps to have well-drafted policies and procedures in place. Every employer, for example, should consider having an employee handbook that outlines what is expected of employees in the workplace.
Continuing Education
It's extremely helpful to have employees who are well educated on issues relating to their work performance. This promotes safety in the workplace and helps your business to comply with the law.
Corporate Compliance Programs
Establish a corporate compliance program where management routinely reviews operations to ensure compliance with rules and regulations that govern the workplace (such as OSHA). Even if your company ends up being liable on a claim, a compliance program will help to lessen potential liability exposure, since it's evidence of your efforts to do the right thing. For serious violations, it may even insulate management from criminal liability.
Get A Lawyer
Just like auto mechanics, lawyers are fond of saying, "Pay me now or pay me later."
You could end up being your own worst enemy if you're drafting your own contracts and doing business deals without legal advice. Well-drafted documents help to prevent lawsuits and, in the long run, save countless dollars that may otherwise be spent in defending a lawsuit. You are also in a much better position to defend a lawsuit if you already have a continuing relationship with a lawyer or a law firm. Once you have been sued, the clock is running and you have only a short time in which to respond (usually 30 days or less). This is not the time when you want to have to go out and beat the streets to try to find a lawyer that will represent you. M
Fall 2016 Leadership
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Online Advertising
You’ve managed to design your own website, round up the necessary funds, and slog through the various agreements you need to sell your wares over the Internet. You are officially a cyber seller, a net-setter, an e-tailer. Before you start promoting your product, don’t forget about your friends at the Federal Trade Commission, because they certainly haven’t forgotten about you. In fact, in 2013 the FTC published a guide for online advertising called Dot Com Disclosures.
“If there’s something your customers ought to know - that the purchase price does not reflect hidden fees, for instance - disclose it.”
Follow some basic points and you’ll be fine: • If your advertisement doesn’t pass muster offline, don’t bother posting it online.
• If there’s something your customers ought to know - that the purchase price does not reflect hidden fees, for instance disclose it. • Make your disclosure clear and conspicuous.
The rules of conduct are, of course, only fresh until the next technological development, but the FTC has tried to make its guide as general and widely-applicable as possible. Its authority for implementing the new guidelines is derived from Section five of the Federal Trade Commission Act, which prohibits “unfair or deceptive acts or practices.” This prohibition covers: • Advertising claims
• Marketing and promotional activities • General sales methods
“An ad must be truthful and not misleading. So, if an ad is likely to mislead an average consumer and that misperception influences a customer’s decision to buy or use the product, it is considered deceptive.”
The act isn’t limited by medium, either, so the commission ensures consumer protection online as well as in traditional print, television, and other communication modes. In fact, the commission has taken a number of actions over the last six years to prevent online fraud and deception.
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The contents of your advertisement must comply with three basic principles: 1. An ad must be truthful and not misleading. So, if an ad is likely to mislead an average consumer and that misperception influences a customer’s decision to buy or use the product, it is considered deceptive. 2. Advertisers must be able to substantiate their claims. If you’re going to run an ad, you must have support for the claims the ad conveys. For example, if your ad claims that tests show xyz.com is a better search engine than cde.com, you should have some test results to back that up. If there is more than one reasonable interpretation a consumer can make, the ad has to substantiate each interpretation.
3. An ad cannot be unfair. It’s unfair if, according to the FTC, it causes (or is likely to cause) serious consumer injury that couldn’t have been reasonably avoided and isn’t justified by the potential benefit to consumers or competition. For example, you must disclose all hidden fees. It’s also considered unfair if you don’t admit that you paid individuals for endorsements.
“To determine if your ad complies, the FTC recommends adopting the perspective of a reasonable consumer and then asking yourself if the disclosure is presented in a way that you would both notice and understand.”
Make It Clear and Conspicuous Much of the FTC’s Dot Com Disclosures guide is devoted to a discussion of what constitutes a “clear and conspicuous” disclosure. The requirements depend on the nature of the advertisement. To determine if your ad complies, the FTC recommends adopting the perspective of a reasonable consumer and then asking yourself if the disclosure is presented in a way that you would both notice and understand.
There are a number of factors to consider, including:
• Whether a single disclosure is sufficient by itself, or whether the disclosure needs to be posted at various points throughout the site. • Whether anything on the site distracts attention from the disclosure.
• The location of the disclosure, including where it is in relation to the advertisement (generally, you should avoid requiring customers to click on a link to read the disclaimer). • The prominence of the disclosure.
You also need to keep in mind that competing browsers may display webpage formats differently, so the effectiveness of a particular disclosure may vary depending on the browser. The FTC links to a number of helpful examples on its website. Use size, color, and graphics to help highlight the disclosure. There is no need for subtleties here; simply indicate that you are making a disclosure or disclaimer and list those details that the consumer needs to know.
Two final notes: first, the FTC emphasizes that its rules and guides using the terms “written” or “writing” apply online as well as offline. Second, the FTC cautions that certain advertisements sent by e-mail may be considered “direct mail advertisements” and thus be subject to certain prohibitions under the direct mail solicitation rules. Ultimately, if you run an ad on your website that a reasonable consumer will understand and that will not deceive that consumer, you should be fine. If, however, you run an ad that is even slightly deceptive or somewhat confusing, and you fail to “clearly and conspicuously” disclose, you may have a problem. M Fall 2016 Leadership 7
Ten Tips for Financially Troubled Businesses
1. Keep taxes current Rule Number One is to meticulously pay all payroll taxes on time, especially those withheld from employees' paychecks. Even if your business is a corporation or LLC, the IRS and state tax authorities can hold you personally liable for these taxes -- and assess penalties. And business bankruptcy won't get you off the hook personally for these debts.
2. Stave off cash flow problems
When you realize you don't have enough revenue to pay the bills, slow your "burn rate" by cutting expenses to the bone. Then prepare a short-term cash projection and plan for your immediate needs. Make a list of monies owed to you, and collect as much as possible. Pay necessary items like taxes and overhead costs, but delay paying other bills by working with suppliers and other creditors.
3. Don't lie about debts
Struggling business owners may frantically try to borrow more money. But if you apply for a new loan or to consolidate old ones, be forthright in disclosing the financial condition of your business. Otherwise, the law may regard your new debt as having been obtained by fraud, thus making you personally liable (even if you file for bankruptcy). The debt could haunt you for years.
4. Be careful about transferring business property
Sometimes, out of desperation, a business owner will try to protect personal assets by hiding them or giving them to friends and relatives. Since creditors are used to ferreting out such hidden assets, these tactics tend to be ineffective and give rise to civil and even criminal charges of fraud.
5. Avoid preferential payments to creditors
The Bankruptcy Code frowns on your paying some creditors and not others; that is, "making preferential payments." If you file for bankruptcy, all payments you make during the year before the filing will be scrutinized by creditors to make sure that some creditors weren't given an unfair advantage. Outside of bankruptcy, if you owe money to creditors who hold collateral, the creditors have special rights in the property that is the security for the debt, but you may legally pay one unsecured creditor ahead of the others. “If you owe money to a bank, it’s often wise to keep most of your checking and other accounts elsewhere... It can be a rude surprise to learn that your lender has drained your checking account.”
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6. Protect your bank account If you owe money to a bank, it's often wise to keep most of your checking and other accounts elsewhere. This is because your loan agreement may give the bank the right to take your funds without prior notice if the bank thinks you're in financial trouble. (This is called a "setoff.") It can be a rude surprise to learn that your lender has drained your checking account.
7. Plan for ongoing insurance coverage
If your business winds up in a Chapter 11 reorganization or you end up in a Chapter 13 reorganization, you may have a tough time finding an insurance carrier willing to renew your business coverage or issue a new policy. You'll want to have insurance in place that extends at least 12 months into the future. As long as you pay on time, the insurance can't be canceled, and you'll enjoy some peace of mind.
8. Don't panic about utilities or your lease
If you declare bankruptcy, the utility companies can't use this as an excuse for shutting off services, although they can require you to post a reasonable deposit to keep on the lights, phone service, and heat. Similarly, as long as you continue to pay your rent, your landlord can't kick you out. Don't be spooked by the clause commonly placed in commercial leases saying you're automatically in default if you file for bankruptcy. These clauses are generally not enforceable (except against sublessees and assignees).
9. Consider returning some leased property
If you're leasing equipment and know you won't want to retain it if and when you file for bankruptcy, consider giving it back to the leasing company before you file. If you do so and the equipment is currently worth less than what you owe under the lease, this "deficiency" will get discharged in bankruptcy. On the other hand, if you prefer to keep the leased property, you'll need to continue making payments on time -- this obligation won't be discharged by your going through bankruptcy.
10.
Don't borrow from the company's pension plan
Many pension plans don't allow you to borrow (or remove) money from the plan account. If you do, you could be assessed a penalty of up to 115% of the "borrowed" money. Worse, the plan could be "disqualified," meaning that all deductions would be disallowed, all plan assets distributed, and income tax and late payment penalties applied. Other plans may allow you to borrow money for approved purposes, but think twice before you do this: it leaves you with a smaller nest egg, and if you fail to pay back the loan, you could end up paying income taxes on the withdrawal, plus penalties of 10% to 25%. M
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A Look at Cancer in the Workplace
Cancer survivors know how important a job can be to their psychological and financial well being. A national survey a few years ago found that more than 80 percent of workers with cancer say their job helps maintain their emotional stability.
Here are tips to improve the ability to continue working, as well as some ways to handle workplace discrimination during treatment.
“Managing work, personal/family life, and cancer treatment can be difficult but not impossible. Throughout this stressful time, don’t become isolated.”
Manage Time Effectively Plan treatments late in the day and right before the weekend to allow time to recuperate.
Explore work options such as occasional telecommuting (working from home). That may eliminate a tiresome commute and provide a more comfortable work atmosphere. Maximize work time with a simple work schedule. Daily chores and administrative duties may be tasks that can be divided among friends and co-workers.
Cope With Stress
Managing work, personal/family life, and cancer treatment can be difficult but not impossible. Throughout this stressful time, don’t become isolated. Investigate area cancer support groups to meet others facing the same challenges. Also, ask questions of your medical team -- communication is the route to a better outcome.
Recognize the symptoms of stress: suffering more than two weeks from feelings of guilt, alienation, excessive indecision, poor self-esteem, or hopelessness about the future. Seek counseling from a social worker or psychosocial professional who specializes in working with cancer patients.
Manage Side Effects That Can Affect Working
Workplace hygiene is vital to avoid serious infection. Try not to share a telephone, office equipment, or eating utensils. Disinfect phones and computer keyboards with rubbing alcohol after others use them. Avoid close contact with co-workers who have contagious illnesses such as colds and flu. Changes in diet can minimize nausea: eat several small meals a day, eat foods cold or at room temperature to avoid odors, and abstain from liquids with meals.
Medical advances now allow survivors to control the more disabling side effects of chemotherapy likely to disrupt work. Nausea and serious infection are among the leading preventable reasons for missing work. For nausea, doctors can prescribe anti-nausea drugs. To reduce risk of potentially life-threatening infection, doctors can, in appropriate situations, prescribe a white blood cell stimulator, in addition to antibiotics. M
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Learning to Be a Safety Buddy
Taking correct safety measures at work helps your co-workers in two important ways. For starters, if you keep your work area tidy and inspect equipment before others use it, you won’t subject them to a potential injury. Even more significantly, by following the appropriate safety procedure, you’ll remind others to do the same.
“Peer pressure can be a powerful motivator,” explains John F. Rekus, P.E., C.I.H., C.S.P., a safety consultant in Riderwood, Md. “Often, people know the appropriate thing to do, but they don’t do it because nobody else is doing it -- and so why should they?”
In addition, wearing safety goggles while operating a band saw or inspecting a forklift before hauling loads is a visible way to bolster your organization’s safety culture, and there’s no better way to reduce mishaps and injuries.
Here are some other pro-active ways to be a good safety buddy:
Offer and accept help. “Interaction between people can do a lot to prevent mishaps,” says Mr. Rekus. “It can be as simple as asking someone for help in lifting a heavy item or volunteering to help someone else who is about to lift a too-heavy load.”
Encourage inspections. You know to inspect a ladder before you set it up for someone else to climb and to check an extension cord before plugging it in. Don’t hesitate to ask co-workers a well-timed question before they use their tools and equipment. Ask: Did you inspect the cord on that drill? Have you checked if the scaffold is fully planked? “Some people are reluctant to get involved because they see it as encroaching on someone else’s space,” says Mr. Rekus. “But reminders are an excellent way to help increase peer pressure.”
Mr. Rekus stresses that supervisors have a clear duty to ask such questions on a regular basis. If they don’t, they’ll be undercutting the entire safety program. When they ask, “Did you check this?” workers will quickly learn these things are important, and the safety culture will change for the better. Remind others about personal protective equipment (PPE). Some ways of reminding are better than others.
The pushy approach isn’t so effective, particularly from a peer: “Hey you, put your safety glasses on!” The silent approach may be less intrusive -- pointing to your head to remind a co-worker to don a hard hat -- but verbal communication will likely be more effective. Try a little pointed humor. He says someone used this approach on him years ago, and he’s applied it effectively with many other workers who failed to use their PPE.
“I was working for the Bell System, and my hard hat was sitting nearby on a two-by-four,” Mr. Rekus says. My boss came in and said with a smile, ‘Your hard hat is doing a good job protecting that two-by-four.’ It was very effective. I was embarrassed -- and I never forgot it.” M Fall 2016 Leadership 11
A note to Supervisors... From time to time, situations arise when a supervisor is not sure how to respond to a particular behavior. The Employee Assistance Program is available on a 24/7 basis for consultation on issues such as: referring an employee to the EAP, how best to respond to and manage difficult behavior in the workplace, and whether training or some other form of group intervention (such as an organizational intervention or a conflict resolution) may be helpful for a particular situation. The EAP can serve as an ally to anyone who is working with a troubled employee.
• 24/7 supervisor consultation regarding problems in the workplace
• Assessment of behavioral risk on the job • Return-to-Duty conferences
• Advisory services in writing, revising, and implementing policies
• Supervisor and Manager training
• Unlimited formal Work Performance Referrals
• Coaching for management and leadership skills
• Conflict resolution for supervisor-employee problems
MINES believes that employees are an organization’s most valuable resource. Your EAP is always available to provide you and your employees with support.
The MINES Team
Questions? Reach us at 800.873.7138 | www.MINESandAssociates.com