"If you wish to travel far and fast, travel light. Take off all your envies, jealousies, unforgiveness, selfishness, and fears. "
-- Glenn Clark

Think Like an Entrepreneur: Lessons from Trump University Students
by Michael Sexton

Sixty percent of all Americans are dreaming about starting their own businesses. Why? What's their motivation?

I recently heard some fascinating answers to that question while I was listening to recorded transcripts from The Entrepreneur's Success Codes, a Trump University course that's taught by Jeff Burrows. In those transcripts, a group of Trump University students - all successful entrepreneurs - answered Jeff's question, "Why did you decide to become an entrepreneur?"

Let's take a closer look at the reasons they gave:

Motivation #1: An unstoppable passion for the work itself. It could be making real estate investments, restoring old cars or designing computer systems for businesses. As one student in The Entrepreneur's Success Codes class said, "I loved my work so much, I couldn't not do it."

Motivation #2: A drive to help others. It might be a desire to help other people be healthier, or more successful, or richer, or more beautiful. One student said that her longing to help people started after she recovered from a serious accident.

Motivation #3: The need for freedom. One class member said that after working in rigid
corporations for years, the desire to control his own work took over his life.

Motivation #4: A hunger for challenge. For some entrepreneurs, the greatest motivator is the challenge of starting a business itself. Other concerns are secondary.

Motivation #5: Security. One entrepreneur said he started his own company because he hated working for companies where he could get laid off at any time. Of course, starting a company is risky. New companies fail. But despite those risks, running his own company put him in control of his own destiny.

Please take a moment to post a comment here. Let us know why you started your own business, or why you are thinking about it. If you are dreaming about becoming an entrepreneur, this would be a great day to enroll in our course, The Entrepreneurship Mastery Program. New classes are starting next week and today could be the day that changes your life.

Michael Sexton is President of Trump University.

“Execution is the job of the business leader.”
—Larry Bossidy & Ram Charan
Execution: The Discipline of Getting Things Done

Problem Solving
by Zig Ziglar

Fortunately, problems are an everyday part of our life.
Consider this: If there were no problems, most of us would be unemployed.
Realistically, the more problems we have and the larger they are, the greater our value to our employer. Of course, some problems are small, like opening a ketchup bottle. Others are monumental like a seriously ill or injured child or mate, which present ongoing, daily complications.

Successful living comes when we learn to handle those business and personal problems with as little fanfare as possible. The successful business executive can handle challenges and solve problems at a remarkable clip. He/she makes quick and final decisions as a result of years of experience. The homemaker with small children at home handles many "catastrophes" each hour with the same dispatch.

Many people use counter-productive methods to deal with problems: They refuse to recognize them, deny responsibility for them, pretend they will go away if they ignore them, or are just flat insensitive to them.

The first step in solving a problem is to recognize that it does exist. Next, we determine whether the problem is our responsibility. If the answer is yes, we must determine how serious and/or urgent it is. When that last determination is made, we either take immediate action if the problem is simple and quickly solvable or develop a plan of action and prioritize it if the solution is more difficult and time-consuming.

Problem solving becomes a very important part of our makeup as we grow into maturity or move up the corporate ladder. I encourage you to take the time to define the problem correctly, learn the skill of quick analysis and remember, if it weren't for problems in your life, your position might not be necessary in the first place. Ironing out the wrinkles and solving the problems is what most jobs are about.

Think about it, and I'll See You At The Top!


********************************************************

"You don't have to change that much for it to make a great deal of difference. A few simple disciplines can have a major impact on how your life works out in the next 90 days, let alone in the next 12 months or the next 3 years." Jim Rohn
********************************************************

Issue 345 - June 19, 2006

"It only takes one lie to taint your entire testimony in a court of law. Honesty is a vital part of having a good reputation." Jim Rohn

Today's issue includes:
1. The Miracle of Personal Development by Jim Rohn
2. Vitamins for the Mind - Activity/Labor by Jim Rohn
3. Life Would Be Easy... If It Weren't for COMMUNICATION Differences by Connie Podesta 4. Jim Rohn Inventory Reduction Sale
5. Jim Rohn Testimonials- June 13 - 19, 2006
6. More Information

1. The Miracle of Personal Development by Jim Rohn
One day Mr. Shoaff said, "Jim, if you want to be wealthy and happy, learn this lesson well: Learn to work harder on yourself than you do on your job."

Since that time I've been working on my own personal development. And I must admit that this has been the most challenging assignment of all. This business of personal development lasts a lifetime.

You see, what you become is far more important than what you get. The important question to ask on the job is not, "What am I getting?" Instead, you should ask, "What am I becoming?"

Getting and becoming are like Siamese twins: What you become directly influences what you get. Think of it this way: Most of what you have today you have attracted by becoming the person you are today.

I've also found that income rarely exceeds personal development. Sometimes income takes a lucky jump, but unless you learn to handle the responsibilities that come with it, it will usually shrink back to the amount you can handle.If someone hands you a million dollars, you'd better hurry up and become a millionaire. A very rich man once said, "If you took all the money in the world and divided it equally among everybody, it would soon be back in the same pockets it was before."

It is hard to keep that which has not been obtained through personal development.

So here's the great axiom of life:--TO HAVE MORE THAN YOU'VE GOT, BECOME MORE THAN YOU ARE--

This is where you should focus most of your attention. Otherwise, you just might have to contend with the axiom of not changing, which is:--

UNLESS YOU CHANGE HOW YOU ARE, YOU'LL ALWAYS HAVE WHAT YOU'VE GOT--

To Your Success,
Jim Rohn


2. Vitamins for the Mind by Jim Rohn
Activity/Labor You must learn to translate wisdom and strong feelings into labor.The miracle of the seed and the soil is not available by affirmation; it is only available by labor.Make rest a necessity, not an objective. Only rest long enough to gather strength.Without constant activity, the threats of life will soon overwhelm the values.The few who do are the envy of the many who only watch.For every promise, there is a price to pay.

3. Life Would Be Easy... If It Weren't for COMMUNICATION Differences
by Connie Podesta

Sometimes it seems that folks just don't get it. No matter what you say or how you say it, they simply don't have a clue - and don't seem too worried about getting one either! It's not their nature to understand; that's just how they "are."
Maybe so, but more often than not, the problem is a result of a communication breakdown. In this digitally inter-connected world, you'd think we could "fix" such basic differences.

Unfortunately, it's not as easy as plugging another device into the system. Maybe they're the problem. Maybe you are. We all know difficult people - and, in fact, we can all be the difficult person. A little background on communication styles can help us understand the issues and learn how to alter our approach to eventually make life a little easier for both parties.

The Basics
Every time we speak, we choose and use one of four basic communication styles: assertive, aggressive, passive and passive-aggressive.

Assertive Communication
The most effective and healthiest form of communication is the assertive style. It's how we naturally express ourselves when our self-esteem is intact, giving us the confidence to communicate without games and manipulation. When we are being assertive, we work hard to create mutually satisfying solutions. We communicate our needs clearly and forthrightly. We care about the relationship and strive for a win/win situation. We know our limits and refuse to be pushed beyond them just because someone else wants or needs something from us. Surprisingly, assertive is the style most people use least.

Aggressive Communication
Aggressive communication always involves manipulation. We may attempt to make people do what we want by inducing guilt (hurt) or by using intimidation and control tactics (anger). Covert or overt, we simply want our needs met - and right now! Although there are a few arenas where aggressive behavior is called for (i.e., sports or war), it will never work in a relationship. Ironically, the more aggressive sports rely heavily on team members and rational coaching strategies.

Passive Communication
Passive communication is based on compliance and hopes to avoid confrontation at all costs. In this mode we don't talk much, question even less, and actually do very little. We just don't want to rock the boat. Passives have learned that it is safer not to react and better to disappear than to stand up and be noticed.

Passive-Aggressive Communication
A combination of styles, passive-aggressive avoids direct confrontation (passive), but attempts to get even through manipulation (aggressive). If you've ever thought about making that certain someone who needs to be "taught a thing or two" suffer (even just a teeny bit), you've stepped pretty close to (if not on into) the devious and sneaky world of the passive-aggressive.

So now what? Clearly, for many reasons, the only healthy communication style is assertive communication. Surely you can identify many people in your own life that favor each of the four styles. Most of us use a combination of these four styles, depending on the person or situation. The styles we choose generally depend on what our past experiences have taught us will work best to get our needs met in each specific situation.

If you take a really good look at yourself, you've probably used each throughout your lifetime. Understanding the four basic types of communication will help you learn how to react most effectively when confronted with a difficult person. It will also help you recognize when you are using manipulative behavior to get your own needs met.

Remember, you always have a choice as to which communication style you use. If you're serious about taking control of your life, practice being more assertive. It will help you diffuse anger, reduce guilt and build relationships - both personally and professionally.

Take Action!Begin to pay attention to which communication styles you use throughout the day.

How often do you use a communication style other than assertive?
Watch and identify the communication styles some of the difficult people in your life use.
Can you begin to notice how others use manipulative techniques to get their way.

Connie Podesta is an author, counselor, educator, humorist, playwright, consultant, songwriter, actress and trainer. She radiates a super-charged, high-energy presence that immediately involves people and has them responding to her exciting challenge to reach for the best in themselves! With her talent for humor, flair for drama and unique insight into human behavior, Connie delivers solid content and practical techniques that can be put to use immediately at work and home.

"The Bible gives us a list of human stories on both sides of the ledger. One list of human stories is used as examples – do what these people did. Another list of human stories is used as warnings - don't do what these people did. So if your story ever gets in one of these books, make sure they use it as an example, not a warning." Jim Rohn



"Each of us must be committed to maintaining the reputation of all of us. And all of us must be committed to maintaining the reputation of each of us." Jim Rohn

Make it a Great Week!

The Continuous Improvement Formula
By: Brian Tracy

Put Your Career on the Fast Track
There are many things you can do to put your career onto the fast track. You can set clear, specific goals for each area of your life and then make plans to accomplish them. You can plan your work and work your plan.

Ask For Greater Responsibility
You can accept 100% responsibility for everything you are and everything you become. You can refuse to make excuses or to blame others. You can tell your boss that you want greater responsibilities and then when you get them, put your whole heart into doing an excellent job.

Utilize Your Inborn Talents
In the parable of the talents in the New Testament, Jesus says, "Oh good and faithful servant, you have been faithful over small things. I will make you master over large things."

If you too will carry out every assignment to the very best of your ability, you will be given larger and more important things to do and you'll be paid more as a result.

Dedicate Yourself to Continuous Improvement
The key to long term success is for you to dedicate yourself to continuous improvement. If you become one tenth of one percent more productive each day, that amounts to 1/1000th improvement per working day. Is that possible? Of course it is!

Improve A Little At A Time
If you become one tenth of one percent more productive each day, that amounts to one half of one percent more productive each week. One half of one percent more productive each week amounts to two percent more productive each month and 26% more productive each year. The cumulative effect if becoming a tiny bit better at your field and more productive amounts to a tremendous increase in your value and your output over time.

How to Double Your Productivity
Twenty-six percent more productive each year, with compounding, amounts to doubling your overall productivity and performance every 2.7 years. If you become 26% more productive each year, with compounding, times 10 years, you will be 1004% more productive over the next decade. That is an increase of ten times over ten years.

The Reason For All Great Successes
This is called the Law of Accumulation, or the Principle of Incremental Improvement. It is the primary reason for all great success stories. By the yard, it’s hard. But inch by inch, anything’s a cinch!

Become A 1000% Person
Make a decision, right now, to be a 1000% person. Commit yourself to continuous personal and professional development. Read, listen to audio programs and take additional courses. This process will completely transform your life.

Action Exercises
Here are two things you can do to put these ideas into action immediately.

First, make a plan to become a little bit better every single day. Learn and apply one new idea each day to help you to become more productive and effective at your work. The incremental affect will amaze you.

Second, be patient. Don’t expect overnight changes or instant results. Remember the story of the tortoise and the hare. Become a little bit better each day and your future will take care of itself.

Expand Your Imagination About What's Possible
by Mark Victor Hansen

When we were children we believed anything was possible. We created worlds where we were the main characters and everything revolved around our wants. Our friends came over and became part of these worlds and we had the time of our lives – laughing, playing – being who we wanted to be. It was magical!As time passed and we grew older, people saw what we were doing and they weren't sure they liked it anymore. They saw us being young, excited and joyful – what they used to be, but no longer were. And, by golly, they didn’t allow us to be these things either. They said things like, "Grow up!" "Act your age." "Stop dreaming!" "Be realistic."

Whether it was teachers, parents, and counselors – there’s a good chance that at least one person in our pasts didn’t know any better at the time.
We didn’t know that daydreaming and knowing exactly what we want would be vital to our future happiness and success.
We didn’t know that these people were not mad at us – they were perhaps, instead, disappointed with themselves for allowing their dreams to die.

What they don’t know, and maybe even you don’t realize, is that dreams can never be destroyed. They can be battered and bruised, but they can never die. They just sink into a deep sleep in the back of your mind. They lie there, like Sleeping Beauty, waiting for the day when they will be realized.

Well, I’m here to help you wake them up!
It’s time to remember the magic of our youth.
It’s time to remember the days when there were no impossibilities.
It’s time to awaken your dreams and start living the life you’ve always wanted to live.

Each and every one of us was born rich. We each have, at our beck and call, 18 billion brain cells, waiting for us to give them some direction. The only limitations that exist are those we impose on ourselves. Otherwise, our brains do not know any limitations. Our minds will believe whatever we convince them to believe.

So, why aren’t we living out our dreams? What’s stopping us?

Most people are not living the lives they truly want to live because they are not thinking big enough, nor are they focused on exactly what they want to do. The key to having everything we want lies in expanding our definition of what’s possible and focusing on what we want. That’s it!

Once we believe in the possibility of anything and focus in on exactly what we want to have, exactly what we want to do, then our minds can take us there.

'Predetermine the objectives you want to accomplish.

Think big, act big and set out to accomplish big results.'

Mark Victor HansenMark Victor Hansen, co-author of the Chicken Soup for the Soul Series, has for more than 25 years, uniquely focused on the vital elements of human behavior that most affect our personal and professional lives and has influenced society's top leaders and the general public on a global scale.

Best Practices for Employee Termination
By WetFeet

At one time or other, every organization finds it necessary to fire an employee. In today's litigious culture, however, many employers are concerned that former employees may respond with legal action.

While there is no guaranteed method for avoiding a lawsuit, employers can decrease the chance that a former employee will sue, and ensure a powerful defense in the event that a termination is disputed, by following a few guidelines.

Contractual Versus At-Will Employment
Employment relationships fall into two major categories: contractual and at will. Union employees hold contracts, as do some executives. Terminations must always be in accordance with the terms of the contract, if one exists. Most employers require employees to sign "at will" agreements. In the absence of a contract, a relationship is presumed to be at will.

An at will relationship is one in which either employer or employee may terminate the relationship at any time, without notice or cause. In reality, however, there are some restrictions:
· An employer may not fire an employee due to his or her gender, race, national origin, or mental or physical disability that does not affect the employee's performance.
· Most states prohibit firing an employee for taking time off to serve on a jury or testify in court, reporting the company's health or safety violations, reporting abuses of power, or performing legal activities off-premises (including membership in a political party, or the consumption of legal substances such as alcohol).
· Many states stipulate that all contracts (including at-will relationships) carry an implied covenant of good faith and fair dealing. This means that although the law allows an employer to terminate an at-will employee without cause, certain terminations that can be perceived as breaches of faith may provide grounds for lawsuits. For this reason, it is advisable to fire with cause whenever possible, and to document poor performance or disciplinable offences as they occur.

AVOIDING PROBLEMS WHEN TERMINATING EMPLOYEES
William F. Murphy, a partner at Dillingham & Murphy in San Francisco, is a specialist in employment litigation and employment counseling. He argues that a work environment governed by fairness and respect is the best safeguard against potential lawsuits.
"In a workplace where employees perceive they get a fair shake, you're a lot less likely to get a lawsuit than in environments that are perceived as autocratic, unfair and ad hoc," Murphy says.
Employers can prevent later trouble by establishing principles of fairness early on. Murphy suggests the following concrete measures to ensure a fair and respectful work environment:
Progressive discipline. Under this type of system, the consequences for offenses become progressively more significant if behavior does not improve.

This structure allows the employee the opportunity to make improvements and prevent further disciplinary action (including dismissal). Conversely, if the employee's performance does not improve, he or she will be prepared for the consequences.

Certain offenses that qualify as cause for immediate dismissal need not be subject to the progressive discipline structure. These may include any number of offenses designated beforehand by the company (for example, stealing, using drugs or alcohol on company premises, or endangering the safety of others).

Explicit discipline policy.
The company's personnel manual should include an explicit discipline policy establishing standards of behavior, outlining the progressive discipline structure, and enumerating any fireable offenses.

Consensus decision-making.
In order to ensure fairness and prevent lawsuits, termination decisions should be made by consensus. Moreover, the people making the final decision should not be involved in a direct conflict with the employee. "Isolated thinking is a good recipe for a lawsuit," says Murphy.

HOW TO FIRE AN EMPLOYEE
There is no easy way to fire an employee. The person must be treated with compassion, yet it is essential to give an honest and thorough account of the reasons for dismissal. While approaches may differ, here are a few practical considerations that all managers should take into account:
Final paycheck. Some states require that the employer present the employee with his or her final paycheck, as well as payment for all unused vacation and paid time off, at the time of termination. Failure to comply can result in penalties equaling up to 30 days of the employee's salary.

Transition counseling.
Most experts recommend that companies offer transition counseling to terminated employees. This counseling should provide information on how to collect unemployment (if applicable), as well as information on other important resources for job seekers.

Larger companies usually offer counseling through their human resources department. In smaller companies this may be handled by the office manager.

Severance package.
In some cases, especially if an employee is terminated after several years of service, it may be beneficial to offer a severance package. A small gesture of support can promote mutual respect and fair dealing, and decrease the chance of retaliatory legal action.
Timing. Most authorities agree that it is best to terminate an employee early in the week. This gives the employee an early chance to make contact with prospective employers, as well as time to cool off before the weekend.

Witness.
In order to safeguard against possible allegations of misconduct or unfair treatment, it is advisable to have a witness present at terminations. You may also wish to show the employee a document stating the reasons for the termination, and have him or her sign it.

MAINTAINING COMPANY MORALE WHEN TERMINATING EMPLOYEES
Many employers are concerned about the effects of terminations on other employees. If the staff perceives a termination as unfair, it may lose confidence in management, resulting in lowered morale and an unproductive work environment.

Fortunately, the standards of respect and fairness that protect employers against lawsuits also encourage employees to be sympathetic toward management and its decisions.
No matter how carefully an employer handles a termination, there is always a chance that a former employee will initiate legal proceedings. With some planning, however, a company can greatly reduce the chance of a lawsuit. For more information, contact the governmental employment authority in your area.


Biography : WetFeet has been helping leading companies attract and retain top talent since 1994. Learn why companies like Federated Department Stores, Merrill Lynch and P&G turn to WetFeet for their Recruiting Technology, Candidate Sourcing and Consulting & Research needs. Visit us at www.employers.wetfeet.com or call 1-888-220-1087 to speak to a WetFeet product specialist.

10 Ways to Develop and Align High Performance Sales Organizations

1. Define your company’s value proposition.
What is the range of products and services you want to invest selling resources on in order to bring value to your customer? What do you want your sales professionals to focus on selling?

2. Segment your market.
Which customers have the highest potential to invest in your products and services? Who needs most of what you are selling? Who values your participation throughout their buying decision process? Should customers be placed in channels relating to their relative potential value?

3. Identify your customer’s buying process.
How do the customers in the various segments make buying decisions, and where in the process do they value your sales professional’s participation? Are the selling skills and processes different for different segments?

4. Define your selling process.
Where do you enter your customer’s buying process? How do prospects qualify for the most valuable opportunities within time and quota imposed limitations?

5. Establish sales targets.
What is the expected return on an investment of sales resources? What is the minimum revenue expectation for proactive selling efforts within an account?

6. Create territory plans and pipelines.
How much revenue comes from existing agreements with customers? How much new business can be developed within existing customers? How much prospecting for new customers needs to occur to fill the pipeline? How are pipelines communicated and monitored?

7. Implement an account planning process.
What is your customer relationship process? How do you acquire, develop, and insulate account relationships? How do you share account information on those customers that require teams or multiple resources in order to create and maintain profitable relationships? How do you plan for
opportunities within an account? Which accounts merit a written plan?

8. Equip sales managers to lead the planning and developmental efforts.
What is your coaching process? How are managers equipped to manage and develop the performance of their teams? What skills and tools are available to develop individual sales professionals? How are plans and opportunities tracked? What mechanism is in place to track
wins and losses? How is customer and sales professional feedback communicated and managed?

9. Equip sales professionals with the skills and tools to execute the account and territory plans.
What skills and tools are necessary to build and maintain long term, profitable relationships? What is the sales professional’s career path? How do you ensure ongoing growth and development?

10. Align hiring, compensation, incentive and support systems to encourage appropriate behaviors.
Do different channels require different approaches to hiring and compensation? What productivity enhancements should be developed to unlock the sales professional’s maximum
potential?

By Achieveglobal

Today is Yesterday's Tomorrow
by Jim Rohn
(Excerpted from the book The Five Major Pieces to the Life Puzzle) by Jim Rohn

The problem with waiting until tomorrow is that when it finally arrives, it is called today. Today is yesterday's tomorrow. The question is what did we do with its opportunity? All too often we will waste tomorrow as we wasted yesterday, and as we are wasting today. All that could have been accomplished can easily elude us, despite our intentions, until we inevitably discover that the things that might have been have slipped from our embrace a single, unused day at a time.

Each of us must pause frequently to remind ourselves that the clock is ticking. The same clock that began to tick from the moment we drew our first breath will also someday cease.Time is the great equalizer of all mankind. It has taken away the best and the worst of us without regard for either. Time offers opportunity but demands a sense of urgency.

When the game of life I finally over, there is no second chance to correct our errors. The clock that is ticking away the moments of our lives does not care about winners and losers. It does not care about who succeeds or who fails. It does not care about excuses, fairness or equality. The only essential issue is how we played the game.Regardless of a person's current age, there is a sense of urgency that should drive them into action now - this very moment. We should be constantly aware of the value of each and every moment of our lives - moments that seem so insignificant that their loss often goes unnoticed.We still have all the time we need.

We still have lots of chances - lots of opportunities - lots of years to show what we can do. For most of us, there will be a tomorrow, a next week, a next month, and a next year. But unless we develop a sense of urgency, those brief windows of time will be sadly wasted, as were the weeks and months and years before them. There isn't an endless supply!

So, as you think of your dreams and goals of your future tomorrow, begin today to take those very important first steps to making them all come to life.

To Your Success,
Jim Rohn

The Stockdale Paradox
July 13th, 2006

One of my most memorable takeaways from Jim Collins’ excellent book, Good to Great, was The Stockdale Paradox.

According to Collins, a U.S. Navy Admiral was attributed to having been well known for it.
It’s simple and yet very powerful if you will take a moment to consider it.

It goes like this:
“Retain faith that you will prevail in the end regardless of difficulties AND at the same time . . . confront the most brutal facts of your current reality, whatever they might be.”

You see, most people are pessimists and don’t have enough faith that they will succeed. On the other hand, many optimists believe things will work out well, but are unwilling to face the realities of the situation. They practice “Pollyanna Thinking” instead of positive thinking.
Having a positive outlook while being willing to see and acknowledge how bad things may be is something few people are able to do.

It’s something to think about.

Best Practices for Employee Termination
By WetFeetWetFeet

At one time or other, every organization finds it necessary to fire an employee. In today's litigious culture, however, many employers are concerned that former employees may respond with legal action.

While there is no guaranteed method for avoiding a lawsuit, employers can decrease the chance that a former employee will sue, and ensure a powerful defense in the event that a termination is disputed, by following a few guidelines.

Contractual Versus At-Will EmploymentEmployment relationships fall into two major categories: contractual and at will.

Union employees hold contracts, as do some executives. Terminations must always be in accordance with the terms of the contract, if one exists. Most employers require employees to sign "at will" agreements. In the absence of a contract, a relationship is presumed to be at will.

An at will relationship is one in which either employer or employee may terminate the relationship at any time, without notice or cause. In reality, however, there are some restrictions:
· An employer may not fire an employee due to his or her gender, race, national origin, or mental or physical disability that does not affect the employee's performance.

· Most states prohibit firing an employee for taking time off to serve on a jury or testify in court, reporting the company's health or safety violations, reporting abuses of power, or performing legal activities off-premises (including membership in a political party, or the consumption of legal substances such as alcohol).

· Many states stipulate that all contracts (including at-will relationships) carry an implied covenant of good faith and fair dealing. This means that although the law allows an employer to terminate an at-will employee without cause, certain terminations that can be perceived as breaches of faith may provide grounds for lawsuits. For this reason, it is advisable to fire with cause whenever possible, and to document poor performance or disciplinable offences as they occur.

AVOIDING PROBLEMS WHEN TERMINATING EMPLOYEES
William F. Murphy, a partner at Dillingham & Murphy in San Francisco, is a specialist in employment litigation and employment counseling. He argues that a work environment governed by fairness and respect is the best safeguard against potential lawsuits.

"In a workplace where employees perceive they get a fair shake, you're a lot less likely to get a lawsuit than in environments that are perceived as autocratic, unfair and ad hoc," Murphy says.
Employers can prevent later trouble by establishing principles of fairness early on. Murphy suggests the following concrete measures to ensure a fair and respectful work environment:
Progressive discipline. Under this type of system, the consequences for offenses become progressively more significant if behavior does not improve.

This structure allows the employee the opportunity to make improvements and prevent further disciplinary action (including dismissal). Conversely, if the employee's performance does not improve, he or she will be prepared for the consequences.

Certain offenses that qualify as cause for immediate dismissal need not be subject to the progressive discipline structure. These may include any number of offenses designated beforehand by the company (for example, stealing, using drugs or alcohol on company premises, or endangering the safety of others).

Explicit discipline policy. The company's personnel manual should include an explicit discipline policy establishing standards of behavior, outlining the progressive discipline structure, and enumerating any fireable offenses.

Consensus decision-making. In order to ensure fairness and prevent lawsuits, termination decisions should be made by consensus. Moreover, the people making the final decision should not be involved in a direct conflict with the employee. "Isolated thinking is a good recipe for a lawsuit," says Murphy.

HOW TO FIRE AN EMPLOYEE
There is no easy way to fire an employee. The person must be treated with compassion, yet it is essential to give an honest and thorough account of the reasons for dismissal. While approaches may differ, here are a few practical considerations that all managers should take into account:
Final paycheck. Some states require that the employer present the employee with his or her final paycheck, as well as payment for all unused vacation and paid time off, at the time of termination. Failure to comply can result in penalties equaling up to 30 days of the employee's salary.

Transition counseling. Most experts recommend that companies offer transition counseling to terminated employees. This counseling should provide information on how to collect unemployment (if applicable), as well as information on other important resources for job seekers.

Larger companies usually offer counseling through their human resources department. In smaller companies this may be handled by the office manager.

Severance package. In some cases, especially if an employee is terminated after several years of service, it may be beneficial to offer a severance package. A small gesture of support can promote mutual respect and fair dealing, and decrease the chance of retaliatory legal action.

Timing. Most authorities agree that it is best to terminate an employee early in the week. This gives the employee an early chance to make contact with prospective employers, as well as time to cool off before the weekend.

Witness. In order to safeguard against possible allegations of misconduct or unfair treatment, it is advisable to have a witness present at terminations. You may also wish to show the employee a document stating the reasons for the termination, and have him or her sign it.

MAINTAINING COMPANY MORALE WHEN TERMINATING EMPLOYEES
Many employers are concerned about the effects of terminations on other employees. If the staff perceives a termination as unfair, it may lose confidence in management, resulting in lowered morale and an unproductive work environment.

Fortunately, the standards of respect and fairness that protect employers against lawsuits also encourage employees to be sympathetic toward management and its decisions.
No matter how carefully an employer handles a termination, there is always a chance that a former employee will initiate legal proceedings. With some planning, however, a company can greatly reduce the chance of a lawsuit. For more information, contact the governmental employment authority in your area.

Biography : WetFeet has been helping leading companies attract and retain top talent since 1994. Learn why companies like Federated Department Stores, Merrill Lynch and P&G turn to WetFeet for their Recruiting Technology, Candidate Sourcing and Consulting & Research needs. Visit us at www.employers.wetfeet.com or call 1-888-220-1087 to speak to a WetFeet product specialist.


http://www.recruitersnetwork.com/articles/article.cfm?ID=1152