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Alan Crone

👤 Person
174 total appearances

Appearances Over Time

Podcast Appearances

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Well, the first thing is, no matter how big your organization is, you need an employee handbook and you need written job descriptions for every position for all the reasons we've been talking about. It's one of those things that you say that to operations people in a business and they, oh, job descriptions. And it's one of those check off kinds of things. No, no, no.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Well, the first thing is, no matter how big your organization is, you need an employee handbook and you need written job descriptions for every position for all the reasons we've been talking about. It's one of those things that you say that to operations people in a business and they, oh, job descriptions. And it's one of those check off kinds of things. No, no, no.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

This is a great business tool because you really need to make sure that what you say people are doing or what they actually are doing. And that is so important, whether it's compliance with the Americans with Disabilities Act, the Fair Labor Standards Act, Title VII, all those things. The first thing that a plaintiff lawyer is going to ask for and discover is, give me the job description.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

This is a great business tool because you really need to make sure that what you say people are doing or what they actually are doing. And that is so important, whether it's compliance with the Americans with Disabilities Act, the Fair Labor Standards Act, Title VII, all those things. The first thing that a plaintiff lawyer is going to ask for and discover is, give me the job description.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

If the job description is wrong, a good trial lawyer can just make you look silly because your job description is wrong. I could do a whole show on job descriptions. So that's the number one. Job descriptions, employee handbooks, which is another way of saying, communicate your expectations, communicate your standards. The second thing is, once you've communicated your standards,

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

If the job description is wrong, a good trial lawyer can just make you look silly because your job description is wrong. I could do a whole show on job descriptions. So that's the number one. Job descriptions, employee handbooks, which is another way of saying, communicate your expectations, communicate your standards. The second thing is, once you've communicated your standards,

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

once you've communicated your expectations, they're non-negotiable. If they're negotiable, then they're not a standard and they're not an expectation. And you should make sure everybody knows. If five widgets a month is a non-negotiable and the person can't do five widgets a month, ask them to seek their salvation elsewhere, as they used to say at my high school. It's non-negotiable.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

once you've communicated your expectations, they're non-negotiable. If they're negotiable, then they're not a standard and they're not an expectation. And you should make sure everybody knows. If five widgets a month is a non-negotiable and the person can't do five widgets a month, ask them to seek their salvation elsewhere, as they used to say at my high school. It's non-negotiable.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

That's going to do two things. One, your guys that are doing eight widgets a month are going to appreciate you because they see that you value their efforts The people who are doing four realize, I got this really, they're serious about that. And you're going to get better production out of it. The next thing everyone should have is you should protect your intellectual property.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

That's going to do two things. One, your guys that are doing eight widgets a month are going to appreciate you because they see that you value their efforts The people who are doing four realize, I got this really, they're serious about that. And you're going to get better production out of it. The next thing everyone should have is you should protect your intellectual property.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

My product or my service is not the value of my company. The value of my company is how I do those things. They're agreements. that you can have that really tie that stuff down, non-competes, non-solicitation. Those agreements can be enforceable. Most of them are not as enforceable as people think because, again, they're kind of off the rack.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

My product or my service is not the value of my company. The value of my company is how I do those things. They're agreements. that you can have that really tie that stuff down, non-competes, non-solicitation. Those agreements can be enforceable. Most of them are not as enforceable as people think because, again, they're kind of off the rack.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Somebody says, well, those salesmen, we need to get a non-compete with them. And so they go to

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Somebody says, well, those salesmen, we need to get a non-compete with them. And so they go to

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

uh the internets they pull down an agreement and they everybody signs it and then when you have to go and enforce it there's problems because it's not customized to your situation and i'm not in the the person who ordered it isn't going to get what they thought they were getting and they're going to have some lawyer like me say well you know give you that kind of experience which which you don't want so understanding what your intellectual property is and what it isn't is crucial

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

uh the internets they pull down an agreement and they everybody signs it and then when you have to go and enforce it there's problems because it's not customized to your situation and i'm not in the the person who ordered it isn't going to get what they thought they were getting and they're going to have some lawyer like me say well you know give you that kind of experience which which you don't want so understanding what your intellectual property is and what it isn't is crucial

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Part of it may be the cocktail of vendors that you have assembled. The identity of those vendors is proprietary. And that doesn't necessarily mean that it's secret, that somebody couldn't figure out who you use for SEO or who you use for supplying that vanilla that makes your cupcakes taste so good. But somebody doesn't have to do a commercial about it or publicize it.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

Part of it may be the cocktail of vendors that you have assembled. The identity of those vendors is proprietary. And that doesn't necessarily mean that it's secret, that somebody couldn't figure out who you use for SEO or who you use for supplying that vanilla that makes your cupcakes taste so good. But somebody doesn't have to do a commercial about it or publicize it.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

So you want to make sure that if that vendor relationship is important, that you protect it either through exclusive contracts with the vendor or non-disclosure agreements or whatever it is. Of course, part of that means you've got to understand what it is and then communicate that to everybody else. So the third thing I would say from a legal standpoint is have a relationship with a lawyer.

The Action Catalyst
CLIP: Keep Your Small Business On The Right Side of The Law

So you want to make sure that if that vendor relationship is important, that you protect it either through exclusive contracts with the vendor or non-disclosure agreements or whatever it is. Of course, part of that means you've got to understand what it is and then communicate that to everybody else. So the third thing I would say from a legal standpoint is have a relationship with a lawyer.

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