Finding the “Right Stuff”

The key to a person’s worth (the “right stuff”) is integrity, honesty, intelligence, the ability to communicate, and the ability and willingness to learn. Technical skills are important, but without the key ingredients, the technical skills of the applicant may be irrelevant.

Finding the candidate with the “right stuff” is not an easy task, but then my grandmother, after several years of urging, finally convinced me that anything that is worthwhile is difficult and requires considerable effort.

There are several roads to successful hiring:

Personal knowledge of a candidate.The best candidates are usually not hunting for a job. They may be people employed by one of your customers, people in competing companies, people in the same industry but not in the same line of business, or people in other industries who have exhibited the talents necessary for the job. More important, do you or one of your key associates personally know the candidates? If so, you may begin to pursue them, but with a few admonitions.

If the selected candidate works for a customer, it’s a good plan to contact the customer and let him know that his employee is a candidate for your position. I once hired one of my best customer’s top men, believing that I would lose the customer. I decided it was worth the risk. I did lose the customer, but not forever. The man I hired is now successfully running the business from which I retired. It was well worth it!

People with the “right stuff” are absolutely essential to the future success of your business! A compromise in this area has come back to hurt many businesses: it typically involves terminating the “compromise” and repeating the hiring process. What’s worse is that these “compromises” do poor work, cause internal problems, and end up costing the company in many ways.

Depending upon your relationship with a competitor who has a potential candidate, you may wish to treat that competitor much the same as recommended for your customer. The same may be said for candidates working for one of your suppliers.

A valued friend knows the candidate personally.

This is the next best thing to knowing the candidate yourself. A referral from a friend, a business associate or a present employee whose judgment you respect is a valid basis for pursuing a candidate. Note that your friend must be more than a golfing buddy; you must respect his judgment as you would a trusted associate.

Pay the price.

If the first two approaches don’t provide a candidate, the next best avenue to the “right stuff” is a toll road. A search firm or a highly reputed employment agency is a good but expensive route (often in the area of 30 percent of the employee’s starting annual compensation). Keep in mind, however, the value of an outstanding employee. It far surpasses the fee you may have to pay.

Your agreement with the search firm or agency should include the right to reimbursement if the hired candidate doesn’t work out within a reasonable time period, perhaps six months and sometimes longer. This may be negotiable with each individual firm. This avenue is most often appropriate for higher-level positions and not entry-level jobs.

The search firm or agency should do all preliminary screening, which often includes intelligence, personality, aptitude and skills testing, the cost of which should be included in their fee. (Note: These efforts do not test judgment; you must do this yourself.) In addition, you should expect the firm to provide you with at least three good, qualified candidates who meet the requirements you specify when you contract with the firm.

Hire a temporary employee from an agency.

It’s quite common to contract for a temporary employee only to find that the temp is the right person for the job on a permanent basis and may be available. In this case, you should be prepared to pay a fee to the temp agency. This is a reasonably good way to hire clerical and lower-level technical personnel and it keeps your business moving while you’re continuing your search.

Advertise in the right places.

Although we have not found many “right places to advertise,” they may include trade or industry magazines that you’re reasonably sure are read by the candidates you’re seeking. Sometimes the local newspaper can be a good source for candidates, but be prepared to kiss a lot of toads to find the prince. Likewise, some have reported success with national publications such as The Wall Street Journal and the National Employment Weekly, and others report good results by advertising on the internet. Choose the outlets best for you. Remember: If you hire an out-of-town candidate, you will be expected to pay for moving expenses!

The hiring of a candidate assumes that you have carefully and thoroughly considered your own employees as a source. You must not overlook current employee candidates! Study the background and work history of those who might qualify. You may not be aware or have forgotten that one of them has all of the qualities that you are hunting for in the new position.

Many businesses post job openings on the employee bulletin boards. I believe this is a good practice.

The interview process and application forms, in today’s arena, are landmines waiting to be stepped on! There are more employment laws today than ever before and questions you used to be able to ask are now grounds for discrimination lawsuits. If you aren’t familiar with these laws, you must become so–and the sooner the better.

Contact your legal counsel. Most law firms either have an expert on employee relations or can refer you to a source where appropriate literature can be found. One good document is the SBA’s An Equal Opportunity Guide for Small Business Employers.

There are questions you cannot ask during the interview process. Topics to steer clear of include age, disabilities, pregnancy, marital status, religion, sexual preference, race, ancestry, children and prior arrests. Everyone in your organization who may be in a position to conduct an interview must be aware of these and other limitations. We recommend that you develop a list of questions that are acceptable and provide the interviewers with some guidance that is meaningful.

A typical list of questions that can be asked is presented below. Obviously, if you have found a candidate because of your personal knowledge (or the knowledge of a business associate), you will already know the answers to many of the “illegal” questions. Even so, don’t document such knowledge, even if the candidate is for the number-two position in the company. Have as many key people as possible interview the prospect. More opinions will make for a better hiring decision and the other interviewers may uncover something vital that you overlooked.

Interview Questionnaire
1. What do you like most about your present job?
2. What do you like least about your present job?
3. Describe your responsibilities in detail.
4. Describe your relationship with your supervisor.
5. What do you like most about your supervisor?
6. Why are you considering a different job?
7. Why did you leave the job prior to this one?
8. Do you like most of your fellow employees?
9. Are you aware of the responsibilities of the job for which you are a candidate?
10. Do you have any physical limitations that would prevent you from fulfilling those responsibilities?
11. What do you consider your greatest strength as a candidate for this position?
12. What do you consider your greatest challenge as a candidate for this position?
13. What is your present compensation and benefits package?
14. What was your beginning compensation in your job?
15. What specific training have you had that might increase your ability to perform our job?
16. In which school subjects were you most successful?
17. Which subjects in school did you find the most difficult?
18. Can you provide some references for your technical abilities? What are their positions?
19. What do you know about our company that you find appealing?
20. Are working overtime and travel acceptable to you?
21. Are you willing to receive additional training to improve your ability to perform our job?
22. What is the most important factor to consider about becoming an employee of our company? For example: compensation, benefits, working hours, opportunity to progress.
23. What are the least important factors in your consideration?

Employment Preferences

Another aid in hiring is a listing of employment preferences. The answers can be quite enlightening when studied with the responses to interview questions and a review of an application form. The answers to these questions are important regardless of the level of the position that you are seeking to fill.

Here is a sample employment preferences questionnaire:

Rank the factors listed below, on a scale of 1 through 10, with 10 being the most important and 1 being the least important to you in considering a position with our company.
___ 401(k) plan
___ Health and dental insurance
___ Incentive bonus plan
___ Initial base compensation
___ Job security
___ Opportunity for advancement
___ Retirement plan
___ Vacation time
___ Working conditions
___ Working hours

The Employment Application

Once you have identified legitimate candidates for the position, you must have them complete an employment application. Failure to do so may result in your inability to defend your decision to hire or not hire an individual. There are a number of sources available for securing a sample form that complies with all government regulations and laws. Or, you can develop one of your own and have your legal counsel review and revise it to ensure that it is acceptable in the eyes of the law.

How you approach hiring the right person for a job depends upon the level and type of job. It goes without saying that hiring an entry-level person is substantially different than securing the services of a high-level technical person or a number two or three in the chain of command. In every case, however, reference checking is mandatory.

Despite your prior knowledge (assumed) of a key manager-level applicant, you may be surprised at what you find when checking references and credit. Remember: Some of the biggest names in industry (and in our federal government) have been embezzlers, bankrupts, accused of sexual misconduct and harassment, felons, and convicted of lesser crimes. Check out their education, call prior supervisors, check for felony convictions and verify prior employment. In short, do your homework!

Assuming you’ve identified a good candidate and completed all of the homework with positive results, how do you convince him or her to become a part of your company? There are several employment selling points that you should emphasize.

1. Stress the positive factors that have influenced the candidate to favorably consider the position. They may include your company’s reputation, a positive environment in which to work, an equity opportunity, the possibility of advancement, the prospect of securing improved monetary rewards for outstanding performance, or simply a “great challenge.” Remember that compensation is not the key incentive for people with the “right stuff.”
2. Do not “buy” their services. Any person who is primarily motivated by an immediate increase in base pay is not looking for the strong, long-term relationship that will contribute to the company’s success. Why wouldn’t he leave your company six months from now for another immediate increase in base pay? This is quite different from a candidate’s desire to be properly rewarded for an outstanding contribution to the company’s objectives. Although you shouldn’t “buy” the candidate, you should be willing to “pay for what you get.” Good people cost more! More about incentive compensation later.
3. Assure the candidate that his contribution to the company’s objective is meaningful. What is more discouraging than being pursued by a company and, once employed, becoming an unnoticed number on the employee roster?
4. Consider involving more than one key manager in the hiring process to reinforce the positive factors. It’s fine to discuss prospective employment with the key manager who is involved; however, if other managers are present, it will give the candidate a stronger feeling of being wanted. If you are hiring your number-two man or prospective successor, the group approach is not appropriate, unless that group involves other owners or directors of the company.
5. Consider an employment contract or offer letter. There may be occasions when a candidate for a high-level management position will be more comfortable seeing all of the conditions of employment in writing. The written document is a permanent record of the covenants between the candidate and the company and lessens the possibility for misunderstanding between the parties.

Getting Acquainted

One of the most common mistakes made by small businesses in the human resources area is believing that a new hire will perform exactly as expected. At the very least, there is an indoctrination phase that should be provided to every new employee. In addition to learning his way around the facility, the new employee must be provided information that will improve his chances of contributing immediately to the company’s performance. This indoctrination phase should consist of the following, at a minimum.

• Presenting the company’s personnel policies. Although the new employee will have learned a good bit about the company’s personnel policies during the hiring process, he should now be provided a personnel handbook (assuming one is available) that explains the more important policies. These policies should include the hiring process just completed, a definition of salaried and hourly personnel (and their differences), salary administration, incentive bonus plan, profit sharing, retirement plan (if any), pay grade structure, time reporting, working hours, overtime pay, shift premium, pay for attending funerals and jury duty, and performance appraisals. Employee benefits should be explained, including vacation time, health and dental insurance, disability compensation and other benefits, such as awards and company automobiles.
• Teaching the company’s safety programs. The Occupational Safety and Health Administration (OSHA) has issued standards and regulations designed to protect employees from safety and health hazards. These standards and regulations involve the communication of information about hazardous or toxic materials, infectious materials, respiratory hazards and safety procedures for the operation of equipment.
• Understanding the company’s business. This may be the most important part of the indoctrination program. The new employee needs to learn about the company’s operations, its objectives and, in broad terms, the plan for achieving the objectives. The new employee should understand product information, competitive position, marketing strategy, manufacturing or service process, and personnel organization.

In some cases, you may have hired a person who has all of the character attributes that you desire but may not be well-versed in some technical area of his responsibility. He may be a good machine operator but not have adequate training in computer numerical controlled (CNC) equipment.

He may be a great salesperson but not understand the required data entry functions required of sales personnel, e.g., use of a point-of-sale device, cash register and so forth. Many times a person with responsibilities in operations may have no background at all in accounting and financial controls. In all of these cases, a training program may be appropriate. There are several ways to provide the needed training.

1. Vocational technical school. Vo-tech schools are quite good in training people in industrial arts, such as machine tool operation, engineering design, computer-assisted design (CAD), computer-assisted manufacturing (CAM), and similar skills. You or the person who is responsible for human resources matters should be well acquainted with any vo-tech schools in your company’s area and the types of skills for which they offer training.
2. Business schools, colleges and universities. These institutions offer excellent training and education in traditional areas of marketing, sales, accounting, computer operation, clerical skills and others. If the school is of sufficient size, it will offer these subjects at night, interfering less with the normal workday.
3. Industry schools and seminars. Depending upon the background of the instructor and his or her teaching skill, industry-sponsored seminars or workshops can be an excellent way to provide “brush-up” training to new employees. The sessions are usually not lengthy and the value of meeting their peers from other companies may be even more valuable than the training itself.
4. In-house training. Many small companies don’t have the facilities or time to offer formal in-house training. However, one-on-one or on-the-job training, focusing on the critical needs of the new employee, is an excellent way to make sure the needed information is learned. Keep in mind that such training may detract from the efficiency of the trainer but the new hire will learn “our preferred methods,” enabling him to contribute more rapidly to the company’s performance.

Motivation and Involvement

Do you really know what motivates your people? Have you thought about what motivates you? We believe the answer can be expressed in this way:

Something or someone you respect has told you, in some way, “You have done well!”

The “some way” may be a silent nod, a communication from someone you respect, or your own knowledge (based on parameters you know and honor) that you have “done well.” The more clearly this acknowledgment is perceived, the more effective the motivation.

The premise that “nothing succeeds like success” is illustrated by a research study involving ten adults who were given a puzzle to solve. The puzzle was the same for all ten participants. After they were completed, five of the adults were told that they did quite well, getting seven or more correct out of 10 possibilities (which wasn’t true). The other five (who may have done well) were told that they had done poorly, seven out of 10 wrong (which wasn’t true either).

Then all 10 were given another puzzle, the same for each person. The five who’d been told they had done well on the first puzzle really did do well on the second puzzle. The five who’d been told they had done poorly on the first puzzle did poorly on the second puzzle.

Having coached little league baseball (ages 9 to 18) for 16 years, I can absolutely corroborate the results of the puzzle experiment. We created good teams out of players who were average in technical skills by reinforcing the good things that each player accomplished. We pointed out that poor performances were the result of some technical miscue of which the players simply weren’t aware and we were sure that they would do better now that they were aware. This confidence that we expressed in the players was rewarded!

In my own business, we often hired young people who had just graduated from high school and were known to some of our proven employees. Our on-the-job training program was essential to the success of these new recruits; however, positive recognition of their successful accomplishments played an immense role in their becoming valued and competent employees. We dealt with their mistakes as a learning process as long as their attitude remained good and they did not often repeat the same mistakes. Positive reinforcement is a powerful motivator!

Obviously, motivation is not as simple as a pat on the back or a person knowing that they’ve done well. You must understand the normal desires of people relative to their employment, regardless of the level of their responsibility. Most people desire the following:

• Recognition for their good work
• Meaningful participation in the company’s efforts
• A feeling of belonging in a successful organization
• Opportunities for growth and advancement in their competence and responsibility
• Security in their job if they perform to expectation
• Monetary reward for an expected level of performance
• Benefits that protect them and their families from significant monetary loss

Even top-level management personnel, who are typically self-motivated, desire the same things as those in positions of lesser responsibility. A mutual recognition by their peers for a job well done or a project successfully completed may be sufficient. A brief recognition of their success by the top executive goes even further as a motivator!

Keep Your Employees Happy

There have been many such surveys published, but none that I have found have ever identified what I believe is the most important factor in successful employment:

Enjoying the job . . . enjoying going to work!

How many people do you know that sincerely like to go to work in the morning? How many people do you know who would say they honestly like their job? We all know people who have worked all their lives at jobs that they have not enjoyed. Considering that many men and women spend 35 percent to 50 percent of their waking moments at work, not enjoying that time would be very depressing.

So, how do you make an employee’s work something that he or she enjoys? It is called involvement! Keep your people involved. Consider the following:

1. Communicate with them. Make them aware of company business that might affect them, either directly or indirectly. Make sure they know about new products or services, give them copies of new company brochures, and tell them about negotiations for new health insurance. They have a need to know.
2. Reinforce their contributions to the company’s objective. Informal discussions are needed to bring the employees up to date on their role in the business. Annual performance appraisals offer an excellent chance to involve the employees in company affairs in addition to letting them know how effectively they have been working.
3. Solicit suggestions for positive changes, whether in customer service, new products, manufacturing processes or administration. Often, the employees who are closest to a problem will come up with the best solution. Involve them in problem solving and operational improvements. A lot of good ideas have come from a suggestion box and those ideas should be rewarded with recognition and monetary rewards.
4. Encourage a sense of belonging, a sense of being a part of a successful effort. This is much like being a part of a winning sports team, an experience that is never forgotten.

Originally Posted on: Florida Small Business Consulting - SuncoastGlobal.com

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Here is our list of the most common licenses and permits small-business owners may need, plus where you can go for more information.

Business License

Contact your city’s business license department to find out about getting a busines(after you pay a fee, of course) to operate a business in that city. When you file your license application, the city planning or zoning department will check to make sure your area is zoned for the purpose you want to use it for and that there are enough parking spaces to meet the codes.

You can’t operate in an area that is not zoned for your type of business unless you first get a variance or conditional-use permit. To get a variance, you’ll need to present your case before your city’s planning commission. In many cases, variances are quite easy to get, as long as you can show that your business won’t disrupt the character of the neighborhood where you plan to locate.

County Permits

County governments often require essentially the same types of permits and licenses as cities. If your business is outside any city or town’s jurisdiction, these permits apply to you. The good news: County regulations are usually not as strict as those of adjoining cities.

State Licenses

In many states, people in certain occupations must have licenses or occupational permits. Often, they have to pass state examinations before they can get these permits and conduct business. States usually require licensing for auto mechanics, plumbers, electricians, building contractors, collection agents, insurance agents, real estate brokers, repossessors, and anyone who provides personal services (i.e., barbers, cosmetologists, doctors and nurses). Contact your state government offices to get a complete list of occupations that require licensing.

Federal Licenses

In most cases, you won’t have to worry about this. However, a few types of businesses do require federal licensing, including meat processors, radio and TV stations, and investment advisory services. The Federal Trade Commission can tell you if your business requires a federal license.

Sales Tax License

There are two reasons you need a certificate of resale (in other states, this may be called a “seller’s permit” or a “certificate of authority”). First, any business selling taxable goods and services must pay sales taxes on what it sells. The definition of a taxable service varies from state to state. Depending on individual state rulings, both the parts and labor portions of your bill may be taxable.

Sales taxes vary by state and are imposed at the retail level. It’s important to know the rules in the states and localities where you operate your business because if you’re a retailer, you must collect state sales tax on each sale you make.

Before you open your doors, be sure to register to collect sales tax by applying for each separate place of business you have in the state. A license or permit is important because in some states it’s a criminal offense to undertake sales without one.

Fire Department Permit

You may need to get a permit from your fire department if your business uses any flammable materials or if your premises will be open to the public. In some cities, you have to get this permit before you open for business. Other areas don’t require permits but simply schedule periodic inspections of your business to see if you meet fire safety regulations. If you don’t, they’ll issue a citation. Businesses such as restaurants, retirement homes, day-care centers and anywhere else that lots of people congregate are subject to especially close and frequent scrutiny by the fire department.

Air and Water Pollution Control Permit

Many cities now have departments that work to control air and water pollution. If you burn any materials, discharge anything into the sewers or waterways, or use products that produce gas (such as paint sprayers), you may have to get a special permit from this department in your city or county. Environmental protection regulations may also require you to get approval before doing any construction or beginning operation. Check with your state environmental protection agency regarding federal or state regulations that may apply to your business.

Sign Permit

Some cities and suburbs have sign ordinances that restrict the size, location and sometimes the lighting and type of sign you can use outside your business. To avoid costly mistakes, check regulations and secure the written approval of your landlord before you go to the expense of having a sign designed and installed.

Health Department Permits

If you plan to sell food, either directly to customers as in a restaurant or as a wholesaler to other retailers, you’ll need a county health department permit. This costs about $25 and varies depending on the size of the business and the amount and type of equipment you have. The health department will want to inspect your facilities before issuing the permit.

Originally Posted on: Florida Small Business Consulting - SuncoastGlobal.com

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Age

The age of your users impacts the website. According to Federal Trade Commission regulations through the Children’s Online Privacy Protection Act (COPPA), a website must get a parent’s permission for children under 13 to disclose information.

Also, remember that children under 18 should not be permitted to view information which is adult in nature. In addition, children under 18 may not be able to agree to contracts such as your website user agreement and purchase contracts. Finally, FTC also regulates advertising and other content directed at children.

Bulletin Boards, Chat Rooms, Etc.

Any posting ability by users should be subject to site submission rules and a user agreement. The rules should obtain users’ consent not to post pornographic, defamatory or infringing materials and, through your user agreement, consent to your company not being liable for other users taking such actions.

Copyright

The footer of your site should display a copyright notice for the content of the site. The notice should read “� [date] [copyright owner name] All rights reserved.” You should also deposit a copy of the site with the Copyright Office to record ownership of the site’s content, look and feel.

Finally, under the Digital Millennium Copyright Act, depending on the purpose and the users’ activities on the site, your company may be eligible to register for limited liability offered by the act for the site. You should consult your attorney for review of the act and how to register.

Domain Name

When building your website, domain names are an important part. Often they are directly tied to your business name, your logos and your brand. Businesses often fail to give proper thought to which domain name to choose.

Picking a domain name should have the same careful thought as naming other products or services. Choosing a domain name should include analysis of trademark law in relationship to the name. Under current law, domain names may be awarded to trademark holders over others through arbitration or litigation. This means that having trademark registration in the same name as your domain name may ensure that you retain ownership of the name.

Export

If persons from other countries use your site, then you are exporting. If you sell to such persons, you are exporting the item you sell and entering into contracts with persons of other countries. If you use encryption on the site, then you are exporting technology regulated by the Department of Commerce and Defense.

Various government departments regulate the countries with which U.S. companies may do business and when a company needs an export license to transmit items, technology or information abroad. Doing business with certain countries, such as Iraq, Iran, Cuba, North Korea, Syria, Yugoslavia and others, is severely restricted.

Depending on the information on your site, what kind of business you do, the technology and information involved, your site may be subject to these regulations, and you should consult with your attorney about these business decisions.

Framing

It is important to be careful how your website frames to other sites. There have been trademark cases regarding consumer confusion over which site is which, and which site is the source of the content and data.

Also, be careful, because some sites’ “terms and conditions” and/or “user agreements” prohibit collecting and reprinting data displayed on the site–even if such data is factual, such as times and places for events.

Giveaways

Sweepstakes, contests, lotteries and giveaways are governed by state and national laws as to how they must be conducted. Florida and New York require registration with the state if the prizes are over $5,000 in value. Most important, you should have rules outlining the terms and conditions of the giveaway.

The rules are an offer from the sponsor which the entrant accepts by entering. The offer, plus the acceptance, make a binding contract covering the giveaway.

Home Page

On the footer of the home page of the site, you should have a link to your privacy policy, your user agreement or terms and conditions, and your copyright notice.

Insurance

Be sure that your business insurance covers website activities. Often website activities are excluded from errors and omissions and other business insurance.

Lloyds of London and a few other companies have insurance specifically covering materials and sales via websites, including security of credit card numbers and other important data.

Jurisdiction

One of the primary reasons for having a user agreement is to better address the issues of jurisdiction. Under current law, website owners may be subject to jurisdiction and law in any state or country where its users are located. Being subject to the law of so many different locations makes trying to comply with the law and trying to assess your risk tricky.

An attorney can help you consider which markets are your highest risk and how to lower your risks through consultation with local counsel or blocking users from those regions. Additionally, you should consider that many foreign jurisdictions do not offer protections for intellectual property which are comparable to the U.S.

Therefore, if a user in such a region steals content or software from your site, you may have little recourse by law, and a hard battle to fight on foreign soil and in a foreign language.

Linking

When linking to other sites, you should consider two factors. One is what word or image you are using for the link and whether it is a trademark of another site or company. If so, you need the trademark owner’s permission to post the company’s trademark on your site.

Second, you should always link to the home page of a website since there have been “deep linking” cases claiming loss of advertising revenue which would have been gained if the users had been directed through the home page.

Metatags

Courts have not permitted use of another company’s trademarks as metatags on competitors’ sites. These cases arose when company A used company B’s trademarked term in the metatagging of company A’s site so that when a user looked for company B, company A would come up in the listing. For example, it would not be permitted for Coke to use the metatag “Pepsi” on the Coke website.

Notification

Under the Digital Millennium Copyright Act, there are required procedures for someone to notify a website that materials on the site may infringe on that person’s copyright. If the Digital Millennium Copyright Act applies, these procedures should be outlined in a notification policy on the site.

Obscenity

Materials which are considered “obscene” by state or federal law are not permitted on the internet and, especially, may not be viewed by children. What is obscene is based on the local standards of the viewing community. This makes prior determinations of what is acceptable somewhat complex. If you have questions about your site and its content, you should review them with your attorney.

Privacy Policy

If you collect any information from users of your site, using cookies or otherwise, the Federal Trade Commission requires you to have a privacy policy. The privacy policy should contain an explanation of how you collect the users’ information, how and where the information is stored, how the user can delete or change the information, and to whom the information is disclosed and for what purpose. The European Union also has similar and strict regulations on collection of information via websites.

Rules for Mail Order

The FTC and some states have guidelines for selling items by mail which have been extended to cover internet sales. These guidelines cover return policies, customer contact and other information about how to inform your customers about your products, shipping and sales procedures.

SEC

The Securities and Exchange Commission considers a website a means of disclosing information to the public about a company. Therefore any information disclosed on your website should be given the same review and consideration that your company gives all public disclosures with regard to “forward-looking statements” and “material” information.

Trademark

Trademarking the name of your company, logo, mottos and domain name is an important part of your business development and should be reflected on your website. Your nationally registered marks should display an � and unregistered marks should display a � or SM.

User Agreement

Having a user agreement or “terms and conditions” may be the most important part of a website. A user agreement requires each user to agree to be bound by a contract governing his or her use of the site by clicking “I agree” before being permitted to use the site.

Be aware that simply posting your legal agreement without forcing the user to click “I agree” prior to use is unlikely to bind your users to the terms. The user must take an active step through which she agrees to the terms and must not be allowed to proceed to use the site without such step.

A user agreement allows a company to:

• dictate how the site may be used (for example, for reading and printing materials)
• dictate how the site may not be used (for example, reverse engineering the coding tricks, copying content, for illegal purposes)
• dictate who may use the site (for example, persons over 18, US citizens)
• dictate procedures or policies for the site (for example, return policies, complaint policies, notification of copyright infringement policies)
• dictate your company’s waiver of implied legal warranties (for example, implied warranties of noninfringement, fitness for particular purposes, etc.)
• dictate the limit of your company’s liability for the site, other users postings on your site, sites you link to, etc.
• dictate jurisdiction for any disputes relating to the site

View Source

The ability for users to view the source code of nearly all websites by using the “view source” command in browsers means that the source code for your website is not protectable by trade secret law.

For something to be protected by trade secret law, it must not be publicly known, the owner must take some effort to keep the information secret, and the information must have monetary value to the owner. If the information is publicly available on the web through “view source,” the information is not a trade secret.

Warranties

Statements on your website about your products and services are express warranties to customers. It is important to carefully review all website text to be sure that what your company promises is true and corresponds with its other policies and advertising.

When you review, look for statements that are absolute statements which may be hard to prove or verify if the Federal Trade Commission were to request that you do so. Examples of such statements are: “Our printer works with all software,” “Our services are the best,” and “We guarantee that our product will always perform perfectly.”

Also, be aware that the FTC has specific guidelines that should be followed for use of the words “free” and “guarantee” in advertising or on your website.

Also, review your website to be sure that the text matches your regular business contracts. For example, your website should not promise a 60-day money-back guarantee if your contract states only a 30-day warranty.

XXX

If your site contains adult materials, be sure to consult your attorney regarding special legal requirements regarding notice prior to entering the site, notice requirements under federal regulations and other laws applicable to the adult entertainment industry.

Your Risk

The law is all about risk. The more time and money you spend following laws and regulations governing your business, the lower your risks of fines or successful claims by government or third parties.

Originally Posted on: Florida Small Business Consulting - SuncoastGlobal.com

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3. It’s All In The Name

Of course, sometimes the idea works anyway, in spite of a lack of market research. Unfortunately, other times, the idea crashes and burns, halting a business in its tracks. We’d like to help you avoid the latter. This how to on researching your business idea is just what you need to keep your business goals on track.
The Idea Stage

For some entrepreneurs, getting the idea-and imagining the possibilities-is the easy part. It’s the market research that doesn’t come so naturally. “It’s a big red flag when someone outlines the size of the market-multibillion dollars-but doesn’t clearly articulate a plan for how the idea will meet an unmet need in the marketplace,” says Aaron Keller, an adjunct professor of marketing at the University of St. Thomas in neighboring St. Paul and a managing principal of Capsule, a Minneapolis-based brand development firm.

That kind of full-throttle approach can cost you. “Entrepreneurs are often so passionate about their ideas, they can lose objectivity,” adds Nancy A. Shenker, president of the ONswitch LLC, a full-service marketing firm in Westchester, New York. “Rather than taking the time to thoroughly plan and research, they sometimes plow ahead with execution, only to spend valuable dollars on unfocused or untargeted activities.”

Market research, then, can prove invaluable in determining your idea’s potential. You can gather information from industry associations, Web searches, periodicals, federal and state agencies, and so forth. A trip to the library or a few hours online can set you on your way to really understanding your market.

Your aim is to gain a general sense of the type of customer your product or service will serve-or at least to being willing to find out through the research process. “For example,” says Shenker, “if you don’t know if your product will appeal to the youth market, make sure you include a sample of that population in your research efforts.”

Your research plan should spell out the objectives of the research and give you the information you need to either go ahead with your idea, fine-tune it or take it back to the drawing board. Create a list of questions you need to answer in your research, and create a plan for answering them.

“Utilize experts in planning and conducting research sessions,” Shenker advises.

“They can recommend what type of research is most appropriate, help you develop statistically valid samples and write questionnaires, and provide you with an objective and neutral source of information.”

The type of information you’ll be gathering depends on the type of product or service you want to sell as well as your overall research goals. You can use your research to determine a potential market, to size up the competition, or to test the usefulness and positioning of your product or service.

“If, for example, the product is a tangible item, letting the target audience see and touch a prototype could be extremely valuable,” notes Shenker. “For intangible products, exposing prospective customers to descriptive copy or a draft Web site could aid in developing clear communications.”
Analysis

When working with firms on brand development, Keller first looks at a business idea from four perspectives: company, customer, competitor and collaborator. This approach allows Keller to scrutinize a business idea before even approaching the topic of brand development. Here’s what he looks at for each of the four issues:

1. Company. Think of your idea in terms of its product/service features, the benefits to customers, the personality of your company, what key messages you’ll be relaying and the core promises you’ll be making to customers.
2. Customer. There are three different customers you’ll need to think about in relation to your idea: purchasers (those who make the decision or write the check), influencers (the individual, organization or group of people who influence the purchasing decision), and the end users (the person or group of people who will directly interact with your product or service).
3. Competitor. Again, there are three different groups you’ll need to keep in mind: primary, secondary and tertiary. Their placement within each level is based on how often your business would compete with them and how you would tailor your messages when competing with each of these groups.
4. Collaborators. Think of organizations and people who may have an interest in your success but aren’t directly paid or rewarded for any success your business might realize, such as associations, the media and other organizations that sell to your customers.

Another approach is to research is SWOT analysis, meaning analysis of the strengths of your industry, your product or service; the weaknesses of your product (such as design flaws) or service (such as high prices); and potential threats (such as the economy).

“[SWOT] enables you to understand the strengths and flaws, [everything] from internal information such as bureaucracy, product development and cost to external factors such as foreign exchange rates, politics, culture, etc.,” says Drew Stevens, a St. Louis professional speaker and consultant who works with entrepreneurs in researching and marketing their ideas.

“SWOT enables an entrepreneur to quickly understand whether their product or service will make it in the current environment.”

Whatever your approach to evaluating your idea, just be sure you’re meeting the research objectives you’ve outlined for your product or service. With those goals always top-of-mind, your analysis will help you discover whether your idea has any holes that need patching.
Checking Out the Competition

Assuming your research process has helped you uncover your competition, you now need to find out what they’re up to. Shenker advises becoming a customer of the competition, whether by shopping them yourself or by enlisting the help of a friend. “Visit their Web site and put yourself on their list,” she says.

“Talk to your competitor’s customers, too-ask them what they like or don’t like about your competitor’s product or service. If you conduct formal research, include a question like ‘Where do you currently go for that product or service? Why?’”

Your aim is to understand what your competition is doing so you can do it better. Maybe their service is poor. Maybe their product has some flaws-something you’ll only know if you try it out yourself. Or maybe you’ve figured out a way to do things better, smarter, more cost-effectively.

Find your selling point. It’s going to be the core of your marketing program, if and when you’re ready for that step. It’s also going to be what sets you apart and lures customers your way.

After all this-the idea stage, analysis of the idea, competitive analysis-you might find that your idea (and not your competitor’s, as you’d hoped) is the one with the holes. Does that mean you need to scrap the whole thing and resign yourself to life as an employee? “Not always,” says Keller. “Sometimes it just needs to be reworked or retooled.”

That can be disheartening if you’ve already spent X amount of hours in the idea stage, plus X amount of hours on market research-only to find that you’re not quite ready to get started after all. But taking the time to refocus your energies and determine why your idea needs some tightening is the best predictor of future success.

“No entrepreneur wants to hear that his ‘baby’ is flawed, but only by listening and reacting to feedback can he give his idea a chance for success,” notes Shenker. “Ask yourself, ‘Is this a weakness that can be overcome?’ If you can’t create true value for your customer and your business, then it’s time to pick another idea to pursue.”

Remember, though, that many ideas simply need some fine-tuning. Before you panic and start flipping through your idea books again, closely consider whether you can make this idea work. After all, there was a reason you thought of that idea in the first place. Some ideas that seem like they’ll be total duds after doing a little research end up being great successes.

“Ideas that seem like a flop are always interesting to me,” says Keller. “Sometimes you look into an idea and find it was just luck-but many times, you find the original founder had some clear insight into the potential. That insight was his or her focus, and it seemed to lead them to success.

“I’ve seen many people launch ideas that I thought were beyond foolish,” Keller adds, “but then I learned more about the idea, the customer and the vision-and realized the true risk being taken.”

When Your Idea Is Ready to Go

The market research you’ve conducted thus far ought to be a good indicator of where you need to go next with your idea. One key factor to consider is pricing. You want to do it competitively while also considering what the market will bear. For products or services that have a close competitor, Keller advises pricing with respect to the competitive position.

“Higher-priced positioning requires an idea with enough relevance and importance to customers to overcome the gap between your idea and the nearest competitor,” Keller says.

The beauty of being in business for yourself is that you have the option to make changes at will-so if a pricing structure isn’t working, you can alter it. “Price high to start-you can always drop the price down,” says Keller. “You can never go up.”

Shenker adds that you need to be sure your product or service is delivering enough value to command the price you set. If possible, test different pricing offers as you go, and determine what works best.

When you’re ready to get started, be sure you’re selling where your target market is likely to buy. “Your marketing plan and budget should include a well-crafted distribution strategy,” notes Shenker. If you’ll sell over the Internet, budget for media to drive new customers to your site. If you’ll sell via retail distribution, you might need workers with industry experience to help you reach your target market.

Remember, too, that you can always seek help in this long, arduous process of bringing an idea to fruition. The Internet, your local library, the U.S. Census Bureau, business schools, industry associations, trade and consumer publications, industry trade shows and conferences, and new-product development firms can be invaluable sources of information and contacts.

“It’s just a matter of seeking knowledge from as many sources as possible,” notes Keller.

It’s also a matter of putting your ego aside and being willing to create a business that will not only survive, but thrive. “If you have an idea, don’t be afraid to refine it, retool it, rethink it,” adds Keller. “The more you do before you launch, the less you’ll have to do [afterwards], and the less painful the lessons tend to be.”

Get Started

Use the following online and offline resources to help you determine if your idea is a good one.

• Entrepreneur Assist offers a collection of free business planning and productivity tools, letting you access free business books, bookmark your favorite articles, schedule events and reminders and share documents to assist you in your idea evaluation and market research process.
• How to Create a Marketing Plan, will help you strategize your marketing efforts.
• The U.S. Census Bureau has the stats and demographics you need to know.
• FirstGov.gov is a well-designed, easy-to-navigate portal to the government online. Click on the tab that says “Businesses and Nonprofits.”
  Your local Chamber of Commerce can be an indispensable resource for local information for your new business.
• The Encyclopedia of Associations by Gale Group can be found in libraries, and is an essential tool for locating your industry’s associations. Also search on Google, and be sure to check whether the association has a trade publication.
• At TSNN.com, you can access a searchable database of trade shows worldwide.
  Entrepreneur’s Top Colleges listing can help you find a local school that offers entrepreneurship studies.
• Two of the greatest resources known to entrepreneurs are the Small Business Development Centers (SBDCs) and SCORE (Service Corp of Retired Executives). Each SBA service offers free and low-cost help to small-business owners and entrepreneurial wanna-bes, and should have a local office near you.

Originally Posted on: Florida Small Business Consulting - SuncoastGlobal.com

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3. It’s All In The Name

There’s a lot of controversy over what makes a good business name. Some experts believe that the best names are abstract, a blank slate upon which to create an image. Others think that names should be informative, so customers know immediately what your business is. Some believe that coined names (names that come from made-up words) are more memorable than names that use real words. Others think most coined names are eminently forgettable. In reality, any type of name can be effective if it’s backed by the appropriate marketing strategy.

Do It Yourself?

Given all the considerations that go into a good company name, shouldn’t you consult an expert, especially if you’re in a field in which your company name will be visible and may influence the success of your business? And isn’t it easier to enlist the help of a naming professional?

Yes. Just as an accountant will do a better job with your taxes and an ad agency will do a better job with your ad campaign, a naming firm will be more adept at naming your firm than you will. Naming firms have elaborate systems for creating new names, and they know their way around the trademark laws. They have the expertise to advise you against bad name choices and explain why others are good. A name consultant will take this perplexing task off your hands–and do a fabulous job for you in the process.

The downside is cost. A professional naming firm may charge anywhere from a few thousand dollars to $35,000 or more to develop a name. The benefit, however, is that spending this money now can save you money in the end. Professional namers may be able to find a better name–one that is so recognizable and memorable, it will cut down your costs in the long run. They have the expertise to help you avoid legal hassles with trademarks and registration–problems that can cost you plenty if you end up choosing a name that already belongs to someone else. And they are familiar with design elements, such as how a potential name might work on a sign or stationery.

If you can spare the money from your startup budget, professional help could be a solid investment. After all, the name you choose now will affect your marketing plans for the duration of your business. If you’re like most small-business owners, though, the responsibility for thinking up a name will be all your own. The good news: By following the same basic steps professional namers use, you can come up with a meaningful moniker that works . . . without breaking the bank.
What Does It Mean?

Start by deciding what you want your name to communicate. To be most effective, your company name should reinforce the key elements of your business.

Gerald Lewis, whose consulting firm, CDI Designs, specializes in helping retail food businesses, uses retail as an example. “In retailing,” Lewis explains, “the market is so segmented that [a name must] convey very quickly what the customer is going after. For example, if it’s a warehouse store, it has to convey that impression. If it’s an upscale store selling high-quality foods, it has to convey that impression. The name combined with the logo is very important in doing that.” So the first and most important step in choosing a name is deciding what your business is.

Should your name be meaningful? Most experts say yes. The more your name communicates to consumers, the less effort you must exert to explain it. Alan Siegel, chairman and CEO of Siegel & Gale, an international communications firm, believes name developers should give priority to real words or combinations of words over fabricated words. He explains that people prefer words they can relate to and understand. That’s why professional namers universally condemn strings of numbers or initials as a bad choice. On the other hand, it is possible for a name to be too meaningful.

Naming consultant S.B. Master cautions business owners need to beware of names that are too narrowly defined. Common pitfalls are geographic names or generic names. Take the name “San Pablo Disk Drives” as a hypothetical example. What if the company wants to expand beyond the city of San Pablo, California? What meaning will that name have for consumers in Chicago or Pittsburgh? And what if the company diversifies beyond disk drives into software or computer instruction manuals?

Specific names make sense if you intend to stay in a narrow niche forever. If you have any ambitions of growing or expanding, however, you should find a name that is broad enough to accommodate your growth. How can a name be both meaningful and broad? Master makes a distinction between descriptive names (like San Pablo Disk Drives) and suggestive names.

Descriptive names tell something concrete about a business–what it does, where it’s located and so on. Suggestive names are more abstract. They focus on what the business is about. Would you like to convey quality? Convenience? Novelty? These are the kinds of qualities that a suggestive name can express.

For example, Master came up with the name “Italiatour” to help promote package tours to Italy. Though it’s not a real word, the name “Italiatour” is meaningful. Right away, you recognize what’s being offered. But even better, the name “Italiatour” evokes the excitement of foreign travel. “It would have been a very different name if we had called it �Italytour,’” says Master. “But we took a foreign word, �Italia,’ but one that was very familiar and emotional and exciting to English speakers, and combined it with the English word �tour.’ It’s easy to say, it’s unique, it’s unintimidating, but it still has an Italian flavor.”

Before you start thinking up names for your new business, try to define the qualities that you want your business to be identified with. If you’re starting a hearth-baked bread shop, for example, you might want a name that conveys freshness, warmth, and a homespun atmosphere.

Immediately, you can see that names like “Kathy’s Bread Shop” or “Arlington Breads” would communicate none of these qualities. But consider the name “Open Hearth Breads.” The bread sounds homemade, hot, and just out of the oven. Moreover, if you diversified your product line, you could alter the name to “Open Hearth Bakery.” This change would enable you to hold onto your suggestive name without totally mystifying your established clientele.

Begin brainstorming business names, looking in dictionaries, books and magazines to generate ideas. Get friends and relatives to help if you like; the more minds, the merrier. Think of as many workable names as you can during this creative phase. Professional naming firms start out with a raw base of 800 to 1,000 names and work from there. You probably don’t have time to think of that many, but try to come up with at least 10 names that you feel good about. By the time you examine them from all angles, you’ll eliminate at least half.

The trials you put your names through will vary depending on your concerns. Some considerations are fairly universal. For instance, your name should be easy to pronounce, especially if you plan to rely heavily on print ads or signs. If people can’t pronounce your name, they will avoid saying it. It’s that simple. And nothing could be more counterproductive to a young company than to strangle its potential for word-of-mouth advertising.

Other considerations depend on more individual factors. For instance, if you’re thinking about marketing your business globally or if you’re located in a multilingual area, you should make sure that your new name has no negative connotations in other languages. On another note, Master points out, if your primary means of advertising will be in the telephone directory, you might favor names that are closer to the beginning of the alphabet. Finally, make sure that your name is in no way embarrassing. Put on the mind of a child and tinker with the letters a little. If none of your doodlings make you snicker, it’s probably OK.

Chuck Brymer, president of naming firm Interbrand U.S.A., advises name seekers to take a close look at their competition. “The major function of a name is to distinguish your business from others,” Brymer observes. “You have to weigh who’s out there already, what type of branding approaches they have taken, and how you can use a name to separate yourself.”
Making Up a Name

At a time when almost every existing word in the language has been trademarked, the option of coining a name is becoming more popular. Perhaps the best coined names come from professional naming firms. Some examples are Acura, a division of Honda Motor Co. coined by NameLab, and Flixx, a name CDI coined for a chain of video rental stores.

Since the beginnings of NameLab, founder Ira Bachrach has been a particular champion of the coined name. He believes that properly formulated coined names can be even more meaningful than existing words. Take, for example, the name “Acura.” Although it has no dictionary definition, it actually suggests precision engineering, just as the company intended. How can that be? Bachrach and his staff created the name “Acura” from “acu,” a word segment that means “precise” in many languages. By working with meaningful word segments (what linguists call morphemes) like “acu,” Bachrach claims to produce new words that are both meaningful and unique.

“One of the reasons a new company is formed is that it has new value; it has a new idea,” Bachrach contends. “If you adopt a conventional word, it’s hard to express the newness of your idea. But as long as it’s comprehensible, a new word will express that newness.” Bachrach also admits, however, that new words aren’t always the best solution. A new word is complex and implies that the service or product you’re offering is complex, which may not be what you want to say. Plus, naming beginners might find this type of coining beyond their capabilities.

An easier solution is to use new spellings of existing words. For instance, CDI’s creation: “Flixx.” “Flixx” draws upon the slang term “flicks,” meaning movies. But the unusual spelling makes it interesting, while the double “X” at the end makes it visually appealing. Just as important, “Flixx” is more likely to be available for trademarking than “Flicks,” a factor that’s especially important to a chain operation interested in national expansion.

After you’ve narrowed the field to, say, four or five business names that are memorable, expressive and can be read by the average kindergartner, you are ready to do a trademark search.

Must every name be trademarked? No. Many small businesses don’t register their business names. As long as your state government gives you the go-ahead, you may operate under an unregistered business name for as long as you like–assuming, of course, that you aren’t infringing on anyone else’s trade name.

But what if you are? Imagine either of these two scenarios: You are a brand-new manufacturing business just about to ship your first orders. An obscure company in Ogunquit, Maine, considers your name an infringement on their trademark and engages you in a legal battle that bankrupts your company. Or, envision your business in five years. It’s a thriving, growing concern, and you are contemplating expansion. But just as you are about to launch your franchise program, you learn that a small competitor in Modesto, California, has the same name, rendering your name unusable.

To illustrate the risk you run of treading on an existing trademark with your new name, consider this: When NameLab took on the task of renaming a chain of auto parts stores, they uncovered no fewer than 87,000 names already in existence for stores of this kind.

That’s why even the smallest businesses should at least consider having their business names screened. You never know where your corner store is going to lead. If running a corner store is all a person is going to do, then, he doesn’t need to do a trademark search. But that local business may become a big business someday if that person has any ambition.

Ensuring that your name is going to be federally registerable is important. Also make sure that the individual states that you want to do business in will let you do business under that name. Enlisting the help of a trademark attorney or at least a trademark search firm before you decide on a name is highly advisable. The extra money you spend now could save you countless hassles and expenses further down the road. Try to contain your excitement about any one name until it has cleared the trademark search. It can be very demoralizing to lose a name you’ve been fantasizing about.
Trademark Classes

There are many misconceptions about trademarks and service marks and the level of protection provided for them under the law. One of the first misconceptions is that a trademark is all-encompassing. In fact, trademarks and service marks are filed under a specific class or classes. (For a complete list of eligible classes, visit the “International Schedule of Classes of Goods and Services” at the USPTO website.) There are 45 classes to choose from when filing for a trademark or service mark. Companies can file under one class or multiple classes depending on the nature of their product or service.

For instance, if a company has a registered trademark under class 15, musical instruments, another company using that same name in the pursuit of doing business in the category of musical instruments would potentially cause confusion in the marketplace and infringe upon a registered trademark. However, if a company does business within a different class, say class 1, chemicals, the potential for confusion would be extremely unlikely.
Conducting Your Own Trademark Search

If you’re going to search on your own, the Patent and Trademark Depository Libraries (PTDL) nationwide have directories of federally registered trademarks and an online database of registered marks and pending registration applications. You can also use product guides and other materials available in these libraries to search for conflicting marks that haven’t yet been registered. The U.S. Patent and Trademark Office’s (PTO) websitelists PTDLs in your state.

The site also has a free database of pending and registered trademarks; these are usually entered in the PTO database one to two months after filing. You can also contact the PTO at (800) 786-9199 for general information about trademark registration or to ask about the status of specific trademark applications and registrations.

It’s also a good idea to search the web and see if anyone is using the name without having registered it. Do this with more than one search engine for the most thorough results. Also, check with domain name registrars like Network Solutionsto see what’s available. This can help you find other businesses using your chosen name or similar names, and it can also help you narrow down your choices. If you can’t have your top choice of a business name as a .com domain, you might want to consider alternative spellings, choices or top-level domains (i.e., “.net” or “.us”).

If you’re lucky, you’ll end up with three to five business names that pass all your tests. How do you make your final decision?

Recall all your initial criteria. Which name best fits your objectives? Which name most accurately describes the company you have in mind? Which name do you like the best?

Each company arrives at a final decision in its own way. Some entrepreneurs go with their gut or use personal reasons for choosing one name over another. Others are more scientific. Some companies do consumer research or testing with focus groups to see how the names are perceived. Others might decide that their name is going to be most important seen on the back of a truck, so they have a graphic designer turn the various names into logos to see which works best as a design element.

Use any or all of these criteria. You can do it informally: Ask other people’s opinions. Doodle an idea of what each name will look like on a sign or on your business stationery. Read each name aloud, paying special attention to the way it sounds if you foresee radio advertising or telemarketing in your future. Professional naming firms devote anywhere from six weeks to six months to the naming process. You probably won’t have that much time, but plan to spend at least a few weeks on selecting a name. Once your decision is made, start building your enthusiasm for the new name immediately. Your name is your first step toward building a strong company identity, one that should last you as long as you’re in business.
Filing a DBA

Now that you’ve decided upon a name, do you need to file a DBA? If you’re structuring your company as a sole proprietorship or a partnership, a dba (“doing business as”) or fictitious business name allows you to legally do business under your new business name (rather than your own name). You may be required by the county, city or state to register your fictitious name.

Procedures for doing this vary among states. In many states, all you have to do is go to the county offices and pay a registration fee to the county clerk. In other states, you also have to place a fictitious name notice in a local newspaper for a certain amount of time. The cost of filing a fictitious name notice ranges from $10 to $100. Your local bank may also require a fictitious name certificate to open a business account for you; if that’s the case, they can tell you where to go to register. In most cases, the newspaper that prints your fictitious name ad will also file the necessary papers with the county.

In most states, corporations don’t have to file fictitious business names unless the corporations do business under names other than their own. For example, using dbas allows your corporation to run several businesses without creating separate legal entities for each one. But if you’ve just got one business that’s a corporation, incorporation documents have the same effect as fictitious name filings do for sole proprietorships and partnerships.

Originally Posted on: Florida Small Business Consulting - SuncoastGlobal.com

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