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Why Even A Simple Contract Can Save Your Bacon

 

Why Even A Simple Contract Can Save Your Bacon

Word Count:
515

Summary:
Every business owner says it; "Do I really need a written contract?" The answer is "YES, YES and YES!" Using a written contract is like buying insurance for your business deals, but much better.

Keywords:
contract, contracts

Article Body:
Every business owner says it; "Do I really need a written contract?" The answer is "YES, YES and YES!" Using a written contract is like buying insurance for your business deals, but much better.

What Is A Contract?

Simply put, a contract is an enforceable agreement between two or more parties. The contract contains the promises made by the parties to one another, which is legally known as "consideration." These promises define the relationship being undertaken as well as what happens if the business relationship doesn't work out. If one party fails to act according to their promises, then they have "breached" the contract and can be found liable for damages. The damages typically equate to what the non-breaching party would have received if there had been no breach.

Oral Contract v. Written Contract

You go to a party with a friend and meet someone interested in your product or service. Eventually, you agree to provide him with 1,000 units of your product in exchange for a discounted price. You have created what is known as an "oral contract." He has promised to order products and you have promised to provide them at a discounted price. Is the agreement worth anything? Unfortunately, the answer is probably no. Why? In most states, oral contracts are not enforceable if they carry an inherent value in excess of $500. Since it is so difficult to establish the terms of an oral contract in a dispute the legal system tries to discourage them. In fact, this legal restriction is generally known as the "Statute of Frauds."

Turning back to our example, what if you thought you were going to give a 10 percent discount and he thought it was 20 percent? What if you can't resolve it and he insists you provide the discounted products? You will end up in court with the dispute coming down to which party the judge or jury believes. Are you really willing to take that gamble?

With even a simple written contract, you can create a clause containing language that states you will give a 10 percent discount. If the dispute ends up in court, he is asked if his signature is on the bottom, the clause is read and you win. The contract should also contain a clause requiring the "prevailing party" to be reimbursed for their attorneys fees and costs. In short, he has to pay your legal bills as well.

An additional benefit to using a written contract is the due diligence element. I realize you will be shocked to learn that there are unethical businesses. In negotiating a contract, very specific requirements are put in writing. What if the other party starts squirming? It may be a sign they are unable to meet their obligations. Might that give you pause before you commit to tying up your inventory? You can save yourself a lot of headaches by discovering this information in advance.

In summary, even a simple written contract should be a mandatory bullet in your arsenal. Much like car insurance, you will be glad you have one if a business transaction falls apart.

 

A Phone by Any Other Name...

 

A Phone by Any Other Name...

Word Count:
416

Summary:
I recently left the company I was working for and took a new position with a new employer at a much higher salary.  My business is IT, and I left the comfort and stabilty of my old job to work for a startup firm which I think will be a big success.  They knew they were going to have to pay for quality personnel so they had no problem meeting my demands in terms of salary, benefits and stock options.  What I didn't realize is that while they aren't skimping on compensation, the office environment they provide leaves a lot to be desired.

Keywords:
Telephone, telephones, phone, phones, telephone systems, telephone system

Article Body:
I recently left the company I was working for and took a new position with a new employer at a much higher salary.  My business is IT, and I left the comfort and stabilty of my old job to work for a startup firm which I think will be a big success.  They knew they were going to have to pay for quality personnel so they had no problem meeting my demands in terms of salary, benefits and stock options.  What I didn't realize is that while they aren't skimping on compensation, the office environment they provide leaves a lot to be desired.

I can put up with the miniscule cubical.  I can live with the lack of natural light (although I feel like a cave troll).  I can even do without the cafeteria, water cooler, and coffee maker.  What I really miss is my old phone. 

You see, my old phone was indeed, not an "old" phone.  It was a multi-line handling, LCD displaying, caller IDing monster that gave me more options than a new car salesman.  My "new" phone has none of those amenities.  There is no transfer or hold button, no screen to display who is calling, no headset and no electronic directory.  In short, the only difference between this phone and a Garfield phone you might buy at Spencer's Gifts is that this phone isn't shaped like a cartoon cat.  My job would be so much easier and my days so much more productive if only we had a real office phone system in place.  The current system is so poorly automated that only a very small percentage of the calls I get are actually meant for me.  Likewise, I get several E-mails a day asking why I haven't returned phone calls in regard to messages I never received.

I guess the old addage that "you don't know what you've got until it's gone" really holds true in this case.

Since I came here, I have actively lobbied to have the old phone system replaced, but to no avail.  I think I may be the only one here who knows what he's missing.  Oh well...I'm sure I'm not the only one out there who has experienced this.  Maybe you too have lost a beloved phone in a career move.  I sympathize with you.  I'd leave my number so we could comiserate, but you'd probably never reach me anyway.

 

Answering Service

Answering Service

Word Count:
303

Summary:
Just about everyone these days has some sort of answering service, whether automated, like an answering machine, or live.  When you call someone without a service, often it can get very annoying.  This is especially true when it comes to businesses.  However, customers do not usually want to call a business and get just an answering machine or voicemail.  They want to speak to another individual that can help them with their problems or answer their questions.  This makes it necessary for a business to have some form of answering service.  Whether customers are calling in with orders or just calling in with questions, a business must have the proper tools in order to be prepared for the task – and that requires a well-qualified answering service.

Keywords:
Answering Service, Phone Answering Service, Live Answering Service, Internet Answering Service

Article Body:
Just about everyone these days has some sort of answering service, whether automated, like an answering machine, or live.  When you call someone without a service, often it can get very annoying.  This is especially true when it comes to businesses.  However, customers do not usually want to call a business and get just an answering machine or voicemail.  They want to speak to another individual that can help them with their problems or answer their questions.  This makes it necessary for a business to have some form of answering service.  Whether customers are calling in with orders or just calling in with questions, a business must have the proper tools in order to be prepared for the task – and that requires a well-qualified answering service.

But how do you find the right kind of answering service for you?  Depending on the type of service you need, most businesses definitely need a live operator on the other end of the line.  There also needs to be some form of software available so that the operator that takes the call will be able to relay the information back to you.

There are many setups for an answering service.  Some software programs can virtually do all the work for you.  There are also freelance operators and many organizations and companies that will do the work, live, around the clock.  Once you know exactly what you need for your business, you'll have the ability to search for the best option for your needs in no time.  In fact, with Internet access, you're able to find these options ready, waiting, and available for you right online.  Knowing that there are these services available to take care of your business when you are not around to do so makes any business owner rest a little easier.

 

Angry customers - what can we do with them

Angry customers - what can we do with them

Word Count:
478

Summary:
"You are the worst company I have bought from!" - writes the client. Oops, bossss! What should I write back?
It is very hard to select words when some of your customers is angry and complains about your company. Read more for an insight into it.

Keywords:
tips, chat, live support, live customer support, live chat, live chat software, online customer service, online chat, tips for customer service

Article Body:
"You are the worst company I have bought from!" - writes the client. Oops, bossss! What should I write back?
It is very hard to select words when some of your customers is angry and complains about your company. Read more for an insight into it.

All is well when it ends well. And until it ends be sure not to panic; no matter how bad it looks. Your customers only want you to do your best when they complain. They can see things that you might miss and every complaint will give you insight on how to improve your business. Here are some tips of handling with complains:

• Be empathetic and come them down - which means that you should acknowledge the person's feelings (you don't have to agree with them to do that). In the NLP practices this is called "to build rapport". For example, you can say: "I understand how upsetting that might be..."

• Do not defend yourself - you will surely want to say something to defend yourself - don't! Getting defensive will never help. The issue is not about who is right, it is about helping a disappointed customer and keeping their repeated purchases.

• Take responsibility - no matter whether you are guilty for the complaint or not, you still represent your company. Therefore, you should take the "blame". By doing that, you emphasize the company's trustworthiness and reliability. If you can't handle the issue alone, be sure to hand the customer off in a classy manner.

• Make commitments - only that way the customer is assured that something will be done in a precise time interval. You have to state your actions clearly, for example: "Our team will come to your place tomorrow at 15:00".

• Make some offer before they ask for refund - that's what most of your customers say in cases of dissatisfaction: "We want our money back". But that is the least you want, because it leaves your customer disappointed in your company. You will have to be cleverer and offer them something of a value for their trouble and time before they ask a refund.

• Do more - every company can do things the regular way. We are sure you can come up with something more. After all, the complaining customer only wants you to be better, and you can use this interaction to prove that you can.

• Walk the talk - make sure to do what you have promised.

• Follow up - check back with them after some period. Phone them up or e-mail them and ask if they need anything else and if the arrangement you made works properly. That way you show them that you care and can also trigger word-of-mouth referrals.

At the end, let's use the statistics as a guide: it shows that about seven out of ten complaining guests will do business with you again if you resolve the complaint in their favor.

 

Advantages of Fastrak Gadget for Passengers Moving Bay Area

Advantages of Fastrak Gadget for Passengers Moving Bay Area

Word Count:
715

Summary:
After purchasing my new device FasTrak and registering my account
on the net, I placed the device near to my vehicle's dashboard
near enough so as to the interceptors would countercheck my
signal so that when I drive through the Fastrak traffic lane, my
dues would be deducted proportionately.

Keywords:
Pay FasTrak Violations,  Pay Traffic Tickets

Article Body:
After purchasing my new device FasTrak and registering my account
on the net, I placed the device near to my vehicle's dashboard
near enough so as to the interceptors would countercheck my
signal so that when I drive through the Fastrak traffic lane, my
dues would be deducted proportionately.

By the end of month of managing the device, I have learned that I
can comfortably rally around the tracks upon all toll bridges and
roads to adapt my motorcar into the Fastrak track, so I can
proceed through much faster than anybody else.  Beside my track
is the Carpool track which takes up to three persons per
automobile and allow them to pass through without slowing and
paying the toll fee. Althouth I paid fee, but I don't have to
wait and spent, I continued and keep on diving as if not a single
thing has happened.  I find this less overstressing and it gives
me the satisfaction that I  left all of the riders back to find
advantage of the  time the riders there by sitting and waiting to
face the toll while I am taking advantage of the time to go where
I am diving much faster.  In my instance it is my work where I
work to the other side of the Bay every day of the year.

While I have been getting gain of this  device attached to my
vehicle, it too caused me to pause after I got my first violation
in the mail with my image noticeably upon ticket and my license
plate undoubtedly recorded.  It had the correct date and down to
the second time of the violation.  How this could happen?  I had
been so used to just moving and  proceeding where I had to move
much faster without difficulty that I forgot to increase my
account. Althogh I see the emails reporting me of the account
getting short in balance, it is only my duty to increase the
amount of my Fastrak device so that I can maintain passing
through the Fastrak track.

Following the surprise and shock of getting the traffic  ticket I
immediately went online, added my account proportionately, and
done a mental note to myself as to never let this happen again.
Still, I was still caught with these traffic fine and had to
shell out for it.  Luckily I visited a site on the net that would
agree for a credit card that other sites did not agree for my
violation.  Nearly all sites only agree Visa and MasterCard, but
I desired to use alternative credit card to compensate for this
because I desired to compensate for this immediately and did not
have my check with me.  BobCOP was the website I visited at 
was allowed to
effortlessly compensate for my Fastrak fine and I got my comfort.

Not only did this website grant me to compensate for my Fastrak
fine, it also approves each one to compensate for just about
everything for everything from pay citation,  pay ticket, pay citations,
Pay tickets, pay ticket online, pay parking ticket, pay fastrak,
pay tickets online, pay traffic ticket, pay traffic tickets, pay traffic tickets online, traffic ticket, traffic citations, fastrak violations, red light violations, and even outstanding warrants. I was surprised. Nevertheless, followed by
straighting out my debt to the Fastrak Violations Bureau, I
continued to utilize my device to go through the FasTrak track
without slowing. I'm so relieved I purchased it and made an
attempt, for the reason that I was contemplating on doing this
for a long time.  I don't realize why I killed the time so many
days.  If you are like me, a woman who exercises the expressways
to ride to office and cross the Bay Bridges and don't intend to
wait and are short on time, then I greatly refer the purchasing
of the Fastrak device for your vehicle.  It will save you a huge
amount of period and fewer stop. I learned that I have less
tension and anxiety when diving on the line of traffic with so
many hundred thousands of other cars.  With my new device I can
leave the commuters behind instead of being slowdown with the
traffic. Thanks to Fastrak and also thanks to

 

Additional phone lines allows for greater customer-service success

Additional phone lines allows for greater customer-service success

Word Count:
371

Summary:
With the complexity of one's business comes the stress of an effective phone system. With multiple customer service representatives at my business, I found it hard to find a phone system that could handle the workload of the many users at one time. After researching other options, I found a website that allowed me to not only buy the complete phone system, but also the equipment to add additional lines to my current business system.

Keywords:
Telephone, telephones, phone, phones, telephone systems, telephone system

Article Body:
With the complexity of one's business comes the stress of an effective phone system. With multiple customer service representatives at my business, I found it hard to find a phone system that could handle the workload of the many users at one time. After researching other options, I found a website that allowed me to not only buy the complete phone system, but also the equipment to add additional lines to my current business system.

After reviewing the cost factors, their company made it easy for me to decide if it was more cost-effective for me to add additional lines to my current phone system or to purchase a new one. After consulting with the phone professionals, it was decided that a key system would be most effective for my business. This decision was made by weighing the costs of purchasing a new system versus upgrading an older one.

Ultimately, cost is most important in deciding the benefits toward one's company future success. After consulting with my boss, we discussed the positives and negatives in purchasing a new system. While new equipment would be a great addition, we were concerned of the complexity of the new system. We would want to implement our current business activities into its use immediately and would have to be trained on using the new phones.

After great consideration, we purchased a new key system for our near 10 person customer service staff and 100 other employees. After an introduction meeting for the entire staff to the new system, employees were back at work immediately using the new system within an hour.  

This decision has been very important to the continued success of my company. I have seen greater results with the speed in which calls are transferred to the appropriate representatives. This allows customers' needs to be addressed in a more timely manner. Overall, this new system has positively increased the quality of our customer service.

By investing in a better system, the success of my company and the satisfaction of my customers are better dealt with. Quality definitely is essential to effective work equipment. And after taking the time to make a change in my company, I have continuously been satisfied with my decision.

 

Brief Education on Education Verification

Brief Education on Education Verification

Word Count:
1641

Summary:
Education Verification can be a very important background check in any pre-employment screening program

Keywords:
Background checks, pre-employment screening, human resources, jobs, employment, hr, employers, pre-employment background checks, education verification, background searches, work, business

Article Body:
It is generally believed by those in our trade that while employment candidates may embellish their employment tasks and positions, they will downright lie about their education.
     Yes, that person interviewing with your Human Resource Manger and other relevant executives, the one looking presentable and acting so bright and articulate may well be inventing his education.    In most cases your candidate's claim to a higher education is not necessarily a total invention.   He may have in fact actually enrolled in the university listed on the resume.   He just didn't graduate from that school.  Or any other school, for that matter.
     But then there are those, a notable amount of employment candidates who have engaged in what we term a ghost attendance.  That is to say they not only failed to graduate from the school, but they never enrolled at all.   Why they chose that particular school as their fictional place of graduation is anyone's guess.    But enough candidates lie about graduating from schools they may have never seen, save for photos on the Internet.  The HR person should always consider the ghost attendance a very real possibility.
     As to which schools the job candidates may claim to have graduated, the selection is varied and sometimes darkly amusing.    Some may choose the smaller and more out of the way schools as their fictional alma maters.  They may select something arty and prestigious, one of those schools you may hear about but not know much about..   Or your candidate can take obscurity in another direction by listing on their resume some grievously remote or sub-par institute of higher learning that few ever even heard of..
     There is certain logic to making such claims.  By listing say, an obscure Mid-Western school or esoteric New England college, as his place of graduation, your candidate may believe he helps substantiate his credibility.  Even the more astute HR person may well determine no one would actually lie about graduating from a Reed College, in Oregon, Amherst, in Massachusetts, or Lake Forest, in Illinois?   Or for that matter as a defense against low self-esteem, who would dare boast of graduating from one of the legions of North Western Eastern Slippery Eel Teacher's College in the far corner of the middle of nowhere?   So, the thinking goes, you may accept their claim at face value and never bother to check it out.
     Other candidates will take the alternate route.  Most in fact, will choose the larger schools, believing their names and alleged graduation dates may well get lost in the bureaucratic shuffle.  Of course, if they did attend for awhile, they hope their registered enrollment may mistakenly be interpreted as proof of graduation.   What they lack in education, they make up for in audacity.   Well, sort of. 
     Finally, there are the no degree degrees.  These are the phony degrees awarded for "life experience" and are not representative of attendance or graduation from any legitimate or accredited college.  They are totally bogus.   But they are popular.  The more enterprising among the duplicitous can purchase these degrees online for anywhere from fifty bucks to several hundred dollars.   The graduate degrees are a little pricier than the mere Bachelors' but they are available from any number of phony universities.   Some of them even look impressive; provided you don't look try to find the school's physical address on the Internet.
     Before you become too upset or overly suspicious, bear in mind that those who lie about their degrees comprise a minority of employment candidates.    More often than not your candidate actually is who he says he is and did attend and graduate from the college listed in his resume.   But bear in mind the operative phase here is "more often than not."   With that in mind, think of the ways you may cause embarrassment and even litigation if you mistakenly hire someone who has obtained only a fictional degree.
    It may be true that lacking a Bachelor's degree in certain disciplines may be irrelevant.  There is a saying, for example, that a good sales person is born and not made, or something to that affect.   And while that may be true in certain disciplines, in more than a few someone better have the qualifications afforded through the proper education.    It may well be your new hire with his fictional degree may genuinely lack the skill sets required for the job.  This reality can cause all sorts of problems and even lead to catastrophe in its myriad forms.  
    You have allocated time and money to his hire.   You have distracted your work force, at least those who have conducted the various interviews.   In hiring this person, you may have rejected a candidate who was truly qualified but is no longer available.  You must now allocate additional resources to hire someone else.    Such mistakes can detract from employee morale as well as your bottom line.
      Additionally, by hiring someone not qualified by virtue of lacking his degree, you are jeopardizing your relationship with clients.   You may have assigned this person to a client, and now your employee has screw things up through is lack of qualifications.  This can make your client extremely unhappy.   The client may demand compensation.   They may even threaten a lawsuit.  This is not only costly, but embarrassing as well. 
       If you think this doesn't happen, you had better think again.   These are not the stories executives like to brag about over lunch.   These are the stories that are whispered, and the whispering is far more ominous and damaging to your business.  Let's face it, if your failure to perform due diligence causes proves detrimental to your client, then you will be held accountable.   You will look foolish and cheap.  You may also be looking for another client to replace the one who left you.
        The moral to this story is that your Human Resources Management must check out everyone, no matter how trustworthy they sound.  It is essential to have a pre-employment screening program in place and to include education verification as part of that program.  The few bucks you spend up front to verify your candidate's graduation can save you plenty in money and time as well as and potential litigation and embarrassment.   Those who win contracts with major corporations, especially technology or defense and security related industries will find these companies mandate background checks for everyone who will be working on the project.   This includes education verification.  Often they will insist on verification of all degrees and not just the highest.
        When conducting education verifications here are some things to keep in mind—
• Colleges and Universities typically provide verification either in-house or through the National Student Clearing House or another third party service.  If the University is registered with a third party service, the degree can often be verified that day.  Third party services will charge a fixed rate for access verification.  Some background checking agencies will add on to this rate while others will pass it on at cost.
• Typically, degrees are verified by background checking services within a couple, few days.   The process may take longer if your candidate has either graduated some years back or is not listed in the database.
• Verification may also take longer over the holidays, semester break or the summer.   Be prepared to allow for more time for verification.
• Verification from foreign universities inevitably will take longer than domestic verification.  Typically, the rates for foreign verifications are significantly higher than charges for a domestic university.   Be prepared to pay more and wait longer for the foreign verification.
• Some schools will ask for your candidate's disclosure and release form before issuing the verification.
• When providing your candidate's information to the University or third party service, it is best to include the years attended, the year graduated, the actual degree and major, and for large schools the campus where your candidate attended.
• If your candidate is a female, be sure the information you submit reflects the actual name with which your candidate graduated.   Sometimes your candidate applies for the position under her married name and fails to provide her maiden name, the name she used while attending school.
• This may also apply for foreign students.   Sometimes foreign candidates will change their names after graduation, to make them more accessible in the American workplace.   But they may have attended school, using their formal name.  Your candidate is known to you as "Ben," but in school he was still "Bao." This can complicate the verification process.
• If the school or the third party service is having a difficult time verifying y our candidate's degree, they may request a facsimile of his diploma or final transcripts. 
• Be sure to keep your verification process uniform.  You may decide to verify all degrees or only the highest degree obtained.   Whatever you do for one candidate, you should do for all the rest.
• Make sure your background checking service stays in front of any complications that may arise in the verification process.   Establish and maintain fluid communication channels so that the service can keep you informed and request additional information when needed.
       Remember if for some reason and after all due diligence you are unable to verify your candidate's degree, it probably means he never obtained one.   They may try to talk their way out of it, but hold firm and insist they provide any information that has been requested.   There is nothing exceptional about this information for anyone who has truly graduated from an accredited college or university.   If they can't provide that information, you may want to look for another candidate.   Remember the axiom that if they lie about their degree then they'll lie when on the job didn't become accepted wisdom for no reason.  Check them out before you hire.

 

Essential tips to finding the best outsourcing company

Essential tips to finding the best outsourcing company

Word Count:
466

Summary:
The very foundation of outsourcing means getting someone to handle your work, a partner in business. Ideally the outsourcing consultant or company should have a similar vision as yours and solid work ethics.

Keywords:
Outsourcing Forum, general outsourcing, best outsourcing tips, HR outsourcing, sales outsourcing

Article Body:
The very foundation of outsourcing means getting someone to handle your work, a partner in business. Ideally the outsourcing consultant or company should have a similar vision as yours and solid work ethics.

Success in business would depend greatly on finding the right outsourcing company and for this you must:

• Determine clearly what your core business competencies are. Know your strengths and weaknesses.

• Clearly define your goals, future business plans.

• Create an outsourcing proposal that outlines your objectives as well as needs. State clearly the details of the project, expectations, timelines, as well as budgets.

• Do in depth research on outsourcing companies to find out which ones will satisfy your needs. Alternately one can hire a consultant to carry out the search.

• Search for an organization that can source many talents. Flexibility in operations is crucial.

• Interview at least 3-4 organizations. Check out their referrals and projects completed. Be sure to meet key personnel to gauge their competencies. And check out their technological expertise.

• Do a cost effectiveness study as also how the selected company will fulfill your needs. Whether their infrastructure and training will be in synchrony with yours. Systems must be compatible. The costing should address impact of increased flexibility, difference in productive and time management, which is the time taken to reach the market and its effect on competition.

• Study thoroughly the non-financial costs as well as advantages of outsourcing.

• Check with local chambers of commerce like the California chamber of commerce at  or other associations that focus on human resource like the Sacramento Area Human Resources Association

• Before making a final choice check whether the outsourcing company or vendor is trustworthy, find out what kind of security measures they use, check the company's reputation in the market; determine in no uncertain terms whether they have the right qualifications.

• Seek answers to: are they an established and financially sound company; what is their customer service philosophy; what is their service record; who are their current clients; is their estimate transparent or are there any loop holes; are they limited or can they expand along with your growth; is there an implementation plan; what about disaster recovery mechanisms; can they deliver?

• Check whether communications will be smooth and trouble free and if there are any cultural differences between you and the vendor. If yes will you be able to bridge the difference. 

The cornerstones of a good and ideal outsource is a company that will enhance your performance; partner you in growth by infusing talent and technology; will share your visions; and contribute positively. 

Interview the companies. After you select one discuss in detail the contractual terms. Be sure to protect your own interests well. It takes trust, collaboration, communication, and chemistry to make an outsourcing successful.

 

 

Critical Decisions for Successful E-discovery Part 1

Critical Decisions for Successful E-discovery Part 1

Word Count:
957

Summary:
The Federal Rules of Civil Procedure's recent emphasis on producing electronically stored information requires that the e-discovery team understands the collection and processing choices to be made and their ramifications.

Keywords:
computer forensics, electronic discovery, litigation support, document imaging, document scanning, form processing

Article Body:
The Information Management Journal/September / October 2007- Today's explosion of electronic data, coupled with the December 2006 amendments to the Federal Rules of Civil Procedure (FRCP) concerning electronically stored information (ESI), requires information and legal professionals to expand their knowledge about handling electronic discovery. The recent changes to the FRCP include:

* Definitions and safe harbor provisions for the routine alterations of electronic files during routine operations such as back ups [Amended Rule 37(f)]

* Information about how to deal with data that is not reasonably accessible [Amended Rule 26(b)(2)(B)]

* How to deal with inadvertently produced privileged material [Amended Rule 26(b)(5)]

* ESI preservation responsibilities and the pre-trial conference. [Amended Rule 26(f)]

* Electronic file production requests [Amended Rules 33(d), 34, 26(f)(3), 34(b)(iii)]

There are many opinions about how ESI should be planned for, managed, organized, stored, and retrieved. Some of the available options are extremely costly in terms of their required financial and time commitments. Constantly changing technologies only add to the confusion. One area of confusion is the distinction between computer forensics and electronic discovery; there is a significant difference. These are described in the sidebar Computer Forensics vs. Electronic Discovery.

Making the Right Choices

Successfully responding to e-discovery within the constraints of the amended FRCP requires organizations to make many critical decisions that will affect the collection and processing of ESI.

Collection Decisions

The following questions need immediate answers:

1. Are e-mail files part of this project? If so, do any key people maintain an Internet e-mail account, in addition to their corporate accounts?

The sheer volume of transactions for large e-mail providers prohibits the storage of massive amounts of mail files. Many Internet e-mail account providers, such as AOL, BellSouth, and Comcast, retain their e-mail logs no longer than 30 days. If a case could potentially require the exploration of e-mail from Internet accounts, the discovery team must expeditiously request the records, or they may be gone forever. This usually requires a subpoena. In rare cases, fragments of Internet e-mail may be recovered forensically from an individual's hard drive.

2. Is there any chance illegal activity may be discovered?

Many cases involving electronic data uncover wrongdoings. These situations may involve a member of the technology department or a highly technical employee. In these cases, an organization's first inclination may be to terminate the employee(s) involved and determine the extent of any damage prior to notifying law enforcement agencies.

This may be exactly the WRONG thing to do. If the wrongdoing is by a technical person, there is a chance that he or she is the only person who knows how to access the files, find the problem, or fix it. This is often the person who knows the passwords for mission-critical applications. The technical employee usually has the ability to work and access company files remotely. Unless such access is eliminated prior to the employee's termination, it is possible that a terminated or disgruntled employee may access the network and do great damage.

A better solution is to restrict the employee's complete access privileges, both local and remote. The employee is then notified of management's knowledge of the situation and given an opportunity to cooperate to minimize the damage. If the situation involves criminal matters, especially if financial or medical records have been compromised, a good decision is to involve law enforcement as early as possible. Electronic criminals frequently disappear and destroy all evidence of their activities.

3. Is it possible that deleted or hidden files may play an important role in this case?

There are three ways to collect electronic files for discovery:

* Forensically ; as described in the sidebar

* Semi-forensically using non-validated methods and applications to capture files

* Non-forensically  using simple cut and- paste copy methods to move copies of files from one location to another. These methods do not include hashing files to ensure the files have not changed, which involves using a hash algorithm to create a mathematical fingerprint of one or more files that will change if any change is made to the collection.

For some matters, the content of electronic documents is all that matters. The context of the files ; who created them, how they are kept, how they have been accessed, if they have been changed or deleted ะ is not as important.

For other cases, contextual information, including finding deleted files, is vital and requires a forensic collection. This includes

* Ensuring legal search authority of the data

* Documenting chain of custody

* Creating a forensic copy using validated forensic tools that create hash records

* Using repeatable processes to examine and analyze the data

* Creating a scientific report of any findings

Determining the value of electronic forensic file collection must be done prior to any data being captured. Once semi- or non-forensic methods have been used, it is impossible to return records to their original states.

4. Are backup tapes part of an active collection?

Some cases involve historical issues, making the method of handling computer backups important to address immediately.

Most businesses use a schedule of rotating their backup media. For example, in a four-week rotation, daily backups are done for a week and then those tapes (or drives) are taken offsite for storage. A new set of media is used for the second, third, and fourth weeks, and then those three tapes are stored offsite. On the fifth week, the tapes/drives from the first week are reused. This process is done for financial reasons, as it is extremely cost-efficient.

Backup tapes may become part of the active information required to be kept under a litigation hold. This requires cessation of any rotation schedule, and the 2006 amendments to the FRCP make it critical for the legal team to convey that information to the technology employees responsible for business continuity processes.

 

Steps for Coaching Call Center Agents

Steps for Coaching Call Center Agents

Word Count:
486

Summary:
Here's a field-tested and proven model for coaching call center agent phone calls. It's highly effective for improving quality, yet profoundly simple to execute.

Keywords:
Call Center, coaching employees

Article Body:
The call record method is, in my opinion, one of the best approaches to coaching agent phone calls and ensuring quality. Here's a 9-step plan for effectively coaching call center agent phone calls:

 1. Randomly record 2 –3 telephone calls. Random recording is important. Do not record 3 calls back to back or on the same day, as your employee may be having a bad day and this may be reflected in all of one afternoon's calls, but is not necessarily reflective of their typical performance.

 2. Review the calls and note strengths and opportunities.  Before meeting with your employee, listen to the calls and note what they did well and identify 1 –2 opportunities for performance improvement. 

 3. Play one tape and let your employee listen. During the playing of the tape, you do not need to respond.
 

 4. Have your employee respond to the tape. After the tape is played, ask your employee to respond. Most employees will be overly self-critical. Your employee will likely note many opportunities for improvement and struggle to articulate what they've done well.

 5. Coach the call. <Use the "sandwich" approach. Tell your employee what s/he did well, followed by constructive feedback, and then end with positive feedback.  When offering constructive feedback, share only one opportunity for improvement. The employee has likely observed and stated several improvement opportunities so there is no need to bring these up again Try to mention one thin g the employee did not bring up and offer this as your constructive feedback.

6. Gain commitment for performance improvement. <Ask the employee, "What specific steps will you take over the next 5 days to improve in this area?" Write down what the employee states and repeat it to her. Summarize the session by reiterating strengths and offering a vote of confidence that she can improve in the identified area. 

 7. Repeat steps 2 – 6 with a second and perhaps third tape if necessary. The point of numerous recording is that an employee may respond defensively stating that was just a "bad" call. If that is the response, you may choose to review a second or third tape.  

8. Follow-up before the next agent coaching session. Check with your employee in between coaching sessions to keep the commitment top of mind. You can touch base with your employee via email or a personal conversation. 
 
9. Discuss improvement in next coaching session.  Before listening to calls in the next coaching session, ask your employee how she's progressing toward the goal of the last session. Look for improvement on calls reviewed in this session.

This 9-step call center agent coaching model is simple, clear and it both praises employees and offers support for improvement opportunities.

When you follow this 9-step process, you will set clear performance expectations, coach effectively and consistently and at the same time you will be motivating your employees.

 

Business Growth W.O.W.(R) Tactics for Increased Market Share

Business Growth W.O.W.® Tactics for Increased Market Share

Word Count:
492

Summary:
Here are Seven Business Growth W.O.W.® tactics for increased market share that you can deploy now:

Keywords:
customer service, selling tips

Article Body:
Here are Seven Business Growth W.O.W.® tactics for increased market share that you can deploy now:

1. Rule 1-12-50© -  The first portion of every month (hence the number 1), consistently every month (hence the number 12), identify a population index upwards of fifty (hence the number 50) key customers or emerging customers and provide them a value added communication.

 2. eSignature Line –  Consider adding into your standard email auto signature line any updates on products or services you provide to all recipients of your communication exchanges. This also serves as a powerful standardization for ensuring customers receive advance notices for deadlines, product or service announcements, changes and discontinuations, etc.

3. eAuto Responder -  Consider adding into your standard email auto responder (if you don't engage it routinely, especially engage it when you will be away from email receiving) any updates on products or services you provide to all recipients of your communication exchanges. This is also a great way to promote and advertise to those people that initiate sending email traffic to you first, as now you can instantly bounce back a message to them.

4. Hotel Letters –  Realize that in most all hotels there seems to be at least pieces of stationary and envelopes in the desk drawer. Consider a hand written note to three "Vital Fews" about something that is top of mind to you and of value to them.

5. "Advocate" Maintenance –  Ensure that you never let an advocate get more than 30 days out from hearing from or seeing you. Plan regular communications and/or "thank you" events to draw from them ways to continue to enhance the service you provide to them.

 6. Newsletter – </b> Design a high impact, value rich content based print newsletter for your core customers (the Vital Few) and send routinely to them as a way to enrich their value proposition in their market. Then, soft communicate a product/service from you to them at the end of each newsletter. This vehicle can be distributed to customers as statement-stuffers, attachments with invoices and contracts, attached to proposals and general correspondence from customer service contact professionals and the sales team alike. This can serve as a source for the Rule 1-12-50© campaign.

 7. Fax Alerts   Consider a Friday afternoon fax blast to your customers with any products/services that can impact their bottom line, send announcements and press releases, etc. If these contact names are in your data base as clients and or contacts that you have a pre existing relationship with and/or have established a relationship with whereby they want communication offers from you, than a Fax alert or blast is a smart, fast, economical and acceptable contact means. Conversely, if you don't have this rapport or permission then a fax blast may be seen as spam and be illegal in some non business growth oriented communities!

Deploy these field-tested and proven strategies now and watch your business flourish.

 

5 Simple Tips For Dealing With Nasty Customers

5 Simple Tips For Dealing With Nasty Customers

Word Count:
585

Summary:
If you've been in business very long, you've likely heard it all! You know, the irate customer who is going to sue you over the nineteen dollar product that they claim is bogus; the one that's going to "shut your business down" because they conjure up in their minds that you might have breeched your privacy policy, or the one that takes complete advantage of your money-back guaranty. My favorite has to be the one that calls and screams vulgarities into the phone for apparentl...

Keywords:

 

Article Body:
If you've been in business very long, you've likely heard it all! You know, the irate customer who is going to sue you over the nineteen dollar product that they claim is bogus; the one that's going to "shut your business down" because they conjure up in their minds that you might have breeched your privacy policy, or the one that takes complete advantage of your money-back guaranty. My favorite has to be the one that calls and screams vulgarities into the phone for apparently no reason.

It doesn't happen often, but if you're going to be in business, you will run across some nut cases from time to time. Some can be diffused, some can't. That's just the way things go in business.

There are some simple techniques for dealing with irate customers without burning yourself an ulcer over them and without telling them you hope they get cancer and die!

Here are some tips you may find useful…

1. Don't take it personal

There is one thing that almost all nasty customers have in common. They try to attack you on a personal level. Name calling is not unusual. When you take it personal, you are likely to get into a yelling match with the customer which resolves nothing and only stands to make things worse. Try to diffuse the situation – kill the anger with kindness so to speak. If that doesn't work, ask them to contact you again once they have calmed down and are willing to speak reasonably. Refuse to speak with a customer in an irate state. You don't have to put up with abuse ever.

2. Don't overdo the "customer is always right" concept

In customer service training you will always hear that the customer is always right. While that is true to some extent, sometimes they are just flat wrong. You should always try to accommodate a customer within reason, but do not allow that concept to go too far.

3. Realize it isn't always your problem

Sometimes people just have a bad day and are looking for someone to take it out on. A hateful, ugly customer is often one of these people. If you listen to their ranting and raving, then respond kindly telling them you understand their frustration and you want to work with them to come to a resolution, you will often diffuse the anger and uncover the rational human being beneath it.

4. Don't fall for fear invoking bluffs

In customer service some business people tend to do anything to avoid the potential harm of a threat even if it means losing money or giving in to irrational demands. When you are threatened, consider the validity of the threat. Do you really think someone is going to pay thousands of dollars in attorney fees to sue you over a low dollar transaction? Likely not. Again, do what you can to accommodate within reason but don't give in to unsubstantiated threats.

5. Be prepared to decide whether or not a customer relationship is worth salvaging

You've heard it said that one happy customer tells one person about your business while an unhappy customer will tell 10 or more. Undoubtedly, word of mouth can be the best or the worst exposure for your business. This is the very basis of the "the customer is always right" concept. Of course it is best to salvage a customer relationship if you can, but again, do so within reason.

 

Creating a Call Center Script

Creating a Call Center Script

Word Count:
1079

Summary:
Call center script creation has many pitfalls that can leave your operators and your callers confused. Here are some suggestions for clear communication.

Keywords:
call center, answering service, customer service, script, communication, small business

Article Body:
At the beginning of my creative career, I volunteered as an overnight deejay at a college radio station.  I loved playing the music and interacting with insomniac listeners, but I got a real kick out of reading the news.  I would tear copy straight off the wire service printer and if I was lucky, I had a producer turn that raw newsfeed into informational text that I read into the microphone.  The text was broken up into reasonable sentences that were designed for easy delivery over the air.  When my producer didn't show up for my shift, I did this myself  I'd mark up the page, insert pauses, and emphasize the words and sentence clauses that I wanted to stress.  If I couldn't be understood over a fuzzy and weak AM signal, then what was the point of taking five minutes at the top of the hour to deliver the news?  I had a lot of fun and I learned how to "speak" all over again.  Whenever I do any live speaking today, I use the same exact techniques that I learned while the "On-Air" sign was flashing above the studio.  I mark up my speech or the text passage I'm reading because I know that impact is everything.  If I lose my breath in the middle of a sentence, then it's too long.  If the last word of a sentence drops out inaudibly, my message is lost.  If I stumble on an unfamiliar word or name, my audience loses confidence in my message. 

      Live telephone operators who work in call centers and answering services need the same help that any live speaker needs.  It's the job of the call center operator to communicate the client's business image to the caller, and this begins with the first few seconds of the phone call.  Many small business owners' needs never go beyond representatives answering their lines with "XYZ Company, may I help you?" and improvising the rest of the conversation to obtain the information that the client requests.  When clients upgrade their accounts to more complex services, it's important that they create a script that works for both the company signing up for the service, the operator reading the script, and the customer. Your sales representative is more than willing to help you create the best script to fit all of your sales or information inquiries. 

     Creating a call center script begins with the "answer phrase" and the same principles continue through the entire process of creating a logical script.  H ere are some important items to keep in mind when you are creating your script: 

 • Avoid tongue twisters.  Make your greeting as easy to pronounce as possible.  "Doctor Perkowicz Peoria Plastic Surgery Plaza" isn't easy to say, even for the native English speaker.  Make sure that your operators know how to pronounce every part of your answer phrase, and the rest of the words in your script.  Keep phrases brief and avoid repeating consonant sounds that will sound awkward over the phone or might lead the operator to stutter. 

 • Go global.   A "Good Morning/ Evening" greeting can work for some businesses, but not for all of them.  If your company is doing business across time zones, think about using a simple "Hello, XYZ Company" for your customer on the other end of the globe. 

• Humanize your greeting.   Have an impartial friend or a trusted customer listen to your greeting, especially if it's a long introductory message of more than a sentence or two.  Do you sound like a recording?  If you give that impression to a caller, the person on the other end of the line might just hang up because she wants to talk with a live person, not a machine.  Keep all parts of your script brief and give the operator relaying your message time to breathe and sound like a live person when you create your script. 

• Less is more.   There's a temptation to try and pack all the information about your company into your call center script, including providing an operator a copy of your frequently asked questions list (FAQ) so that he or she can quickly scan the file and answer 99.9 % of your callers' questions.  However, this skill takes practice and training on the part of the operator and patience on the part of the caller.  Long pauses to look up information, add expensive minutes to the call and are frustrating experiences for the operator and the caller alike.  Extensive account training is available through most call centers, if your budget permits.  If this resource is not an option for you, limit the information available to the operators to a few facts about your product or service, and let them know that it's okay to ask callers if someone from the right department can return their call and answer their questions in depth. 

 • Test.   Call your account weekly and test to make sure that the operators are following your instructions, are handling your scripts the way that you expect, and are able to easily access the information that they need to take your calls. After the honeymoon period with a new account, operators often grow lax and shorten your script, or improvise far beyond the call of duty. This can be detrimental to your business. Make sure that you follow up with your call center to make sure they are serving your needs. 

 • Tweak, and tweak again.   Review your script from time to time, and see if it's still leading to action. Ultimately, your script should lead to a sale, an appointment a request for more information or further contact from your office. Check your call logs and any statistics your sales representative provides you with on a monthly basis. If you notice a downward trend in your results, work with your sales rep to change your script. 

     These suggestions are only the beginning of creating a successful call center script for your organization.  Work with your sales representative and listen to their suggestions, add your own, do your market research and your script will be a success.  Clear communication starts with clear instructions from you, and clear voices on the answering end of your phone lines.  Your call center will work with you to make sure that all of your needs are filled over and above your expectations.