Category Employment
Commissioned Salespersons: Getting Hired, Fired, and Paid
by Bryan Lane Berson, Esq. Download PDF: Commissioned Salespersons A. Researching the Company Before beginning to work as a salesperson – as an employee or independent contractor –carefully research the company for which you plan to sell products. Your compensation depends on the merchandise, shipping, and prompt, accurate payment. If possible, ask customers whether they […]
Can You Improve Your Organization’s Effectiveness?
by Bryan Lane Berson, Esq. Last month’s column explored one of Peter Drucker’s masterworks, The Effective Executive. This column analyzes additional insights to improve organizational effectiveness. Drucker noted that poor job design impedes effectiveness. Jobs that defeat multiple executives in succession should probably be redesigned. Organizations should not have to recruit superheroes. Good processes enable […]
Are You and Your Business Prepared to Handle Long-Term Disability?
by Bryan Lane Berson, Esq. Disability of a key executive can destroy a business. Disability of any worker can strain a family. Before age 65, one is much more likely to suffer a long-term disability (“LTD”) for six months or longer than one is to die. Fortunately, this risk can be insured. A company or […]
Using Agents in Your Business
by Bryan Lane Berson, Esq. Agency describes the relationship between a principal and an agent who acts on the principal’s behalf. Common principal-agent relationships include employer-employee, client-attorney, and property owner-real estate agent relationships. In business negotiations, people use agents for a variety of reasons. For example, in a negotiation, if there is personal tension between […]
Building Conflict Competence: Improve Conflict Resolution & Workplace Mediation
by Bryan Lane Berson, Esq. An organization should multiply individuals’ efforts. Personnel create goods and services, and customers transform them into revenues by purchasing them. Viewed as a supply-chain, departments within an organization are consumers of other departments’ products. Feuds, politics, and turf wars waste effort and distract personnel from serving customers and generating revenue. […]
Conducting Workplace Investigations
by Bryan Lane Berson, Esq. Managers should be capable of addressing accusations of employment discrimination and harassment. Prompt, competent investigations and remedial action – where warranted – can preempt a lawsuit or help prove that the organization acted responsibly. Once management has actual or constructive notice, it should investigate. Actual notice occurs when someone informs […]
Mitigating the Risk of Discrimination Lawsuits
by Bryan Lane Berson, Esq. For many years, the federal and state governments have had legislation with the stated goal of preventing employment discrimination. They created departments to investigate and prosecute allegations, which can be damaging – even if they are determined to be false. Regulations against discrimination are complex. Many are not intuitive. Employers […]
The Employment Contract: A Tool to Clarify and Incentivize
by Bryan Lane Berson, Esq. The previous two columns focused on independent contractor agreements. This month, we focus on employment contracts. Usually, employment is “at will” – at any time, an employee can quit, or an employer can sever the employee. Most employees do not have written contracts for a guaranteed time period. While a […]
Independent Contractors: Structuring Relationships with Workers
by Bryan Lane Berson, Esq. Last month, we compared independent contractor and employment relationships. The nature of the relationship between a worker and company depends on the circumstances. Greater control over workers and the performance of their work tends to point towards employment, whereas less control points to independent contracting. Rarely, is the distinction clear. […]
Worker Classifications: Independent Contractors and Employees
by Bryan Lane Berson, Esq. Organizations need personnel to perform services or produce goods. Depending on the nature of the relationship and the degree of control the company exercises over the worker, a worker can be classified as an employee or independent contractor. Most employment relationships are “at will,” which means that the employer can […]
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