Labor Day

Published on September 3rd, 2018 by Alan L. Sklover

“What lies behind us and what lies before us are tiny matters compared to what lies within us.”

– Ralph Waldo Emerson

Labor, work, toil or endeavor. Strain, struggle, travail or exertion. No matter what you call it, it comes from within. At work, keep up your spirit, your faith and your passion in all you do, for each day your work gives birth to a better world. Remember that it all begins, and ends, with what’s inside of you. From All of Us at SkloverWorkingWisdom, to all who Labor, Happy Labor Day!

© 2018 Alan L. Sklover. All Rights Reserved

In Memoriam: John McCain

Published on August 28th, 2018 by Alan L. Sklover

“It was not the man who was great, but the man’s passion to serve a purpose greater than himself.”

– Jack McCain          
His Son          

I cannot say more than others are today saying about John McCain. I will only say that he was someone about whom you could say to your children “That is a person you should try to be like.”

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Sklover’s Thought for the Work Week

Published on August 27th, 2018 by Alan L. Sklover

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“If wool shrinks when you wash it, why don’t sheep get smaller when it rains?”

– Unknown

We’re now in the last week of August. What most of us consider summertime is soon to come to an end. Here’s a silly little quote, but one that might, just might, give you a little laugh. If it doesn’t meet with your approval, hey, sorry about that; you might be working too hard. I’m off to the beach.

This quote was sent to us by Sandy B. of Petaluma, California. A giggle back to you, Sandy. If you would like to submit a proverb, quote or thought, please submit it to us at vanessa@executivelaw.com.

Need a model memo or letter to transmit a request or complaint? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.] Evenings and weekends can usually be accommodated.

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Sklover’s Thought for the Work Week

Published on August 20th, 2018 by Alan L. Sklover

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“There are times when being strong is the only option.”

– Adam Scythe

At work and elsewhere, sometimes what is happening to you, and going on around you, seem so very painful and hard to endure. You can cry, you can run and you can hide. But far more often than not, none of those measures will really help, because the problem is there when you “return.” Rather, your real choices are but one: to summon whatever strength, resolve and faith you can find within you, and just “be strong.” Just trying to do that, to your very best ability, is the greatest victory you can imagine, for many different, and long-lasting, reasons.

This quote was sent to us by Pamela, of Germantown, New York. Thanks for the reminder of our greatest resource. If you would like to submit a proverb, quote or thought, please submit it to us at vanessa@executivelaw.com.

Need a model memo or letter to transmit a request or complaint? A good checklist or form agreement? For a complete list of our Model Letters, Memos, Checklists and Sample Agreements, Just [click here.]

Interested in Membership? It’s free, and has advantages, including discounts on our products. Just [click here.]

Need a private telephone consultation? Just [click here.] Evenings and weekends can usually be accommodated.

© 2018 Alan L. Sklover. All Rights Reserved and Strictly Enforced.

Key Man / Key Woman Clause – How to Protect Your Key Business Relations

Published on August 14th, 2018 by Alan L. Sklover

 
“A satisfied customer is the best business strategy of all.”

– Michael LeBoeuf

ACTUAL CASE HISTORIES: Rita was a highly regarded Senior Sales Account Manager for an industrial plumbing supplies company headquartered in Springfield, Illinois that catered to a handful of large construction firms in the Upper Midwest and Canada. Over 20 or so years, she had developed strong client relationships based in a deep trust for her good judgment and for her devotion to client interests. Her clients often said of her “If you need something, and need it ‘yesterday,’ you need to call Rita.” She had also built a small but effective support team around her.

Rita was recruited by a large competitor headquartered in Milwaukee, Wisconsin, to serve in a significant Business Development role, with the expectation that she would bring along her “Book of Business,” that is, her established network of clients and their business. While she was presented with a significant increase in compensation, she was not quite certain it was the right move for her clients, many of whom enjoyed “white glove,” personal treatment they had grown accustomed to over the years.

Wisely, Rita sought ways to protect her “Book of Business,” what some people refer to as her “B.O.B.” She sought one or more ways she could assure her clients and client referral sources that she would “be there for them” whenever and however they needed. She sought, too, a way she could always keep her support team with her.

Her primary concern was that she would join the new company and, in any agreements, somehow lose access to her critical business relations. What might happen if she left the new company, or was asked to leave, for any reason? Like most employers, her prospective employer required their employees sign to a non-compete agreement, prohibiting them from providing services to “the company clients,” which is precisely what “Rita’s clients” would become, if she let that happen.

Rita would also be required to sign a “non-solicit/non-hire” agreement, barring her from taking any members of her support team with her, in the event she left or was asked to leave.

We helped Rita solve these two problems with the use of “Key Man / Key Woman” clauses that her prospective employer reluctantly agreed to, in order to “acquire” Rita, her team, and most especially, her clients. So, if for any reason Rita left the new company, or if for any reason she was not in charge of her clients’ business, Rita’s clients could take their business – and take Rita and her team, too – to another company.

LESSON TO LEARN: As an employee, you are referred to as a “Human Resource.” I happen to deplore that term, as I find it to be a dehumanizing phrase. But, as a “Human Resource” you may be seen as a “source” of new, additional, and very valuable business from new, additional and very valuable clientele. This is precisely why we use “Key Man / Key Woman” clauses and agreements: to offer that to your employer, but to always maintain your access to your “B.O.B.,” and your “B.O.B.”‘s access to you.

Good relations with staff members, colleagues, vendors, customers and clients are of critical value in every business and profession. That is why employers try so hard in numerous ways to ensure that their employees do not “steal” them, even when it was the employee, himself or herself, who brought the client to the employer. It is beyond question that it is in your own best interests to try to keep those valuable business relations, to prevent their “theft” from you, no matter where you are, where you go, or what you do.

Having good, strong, close relations with clients and customers makes you the “rain-maker” that is one of the most important attributes of a successful business person. Having good, strong, close relations with colleagues makes you the “magnet” that can attract, maintain and take with you the best and brightest of talent. Having good, strong, close relations with support staff gives you the ability to move your business to its most fertile location and have intact, when you need it, reliable, trustworthy, confidence-enhancing support.

We see many Key Man / Key Woman clauses in contracts used by sport agents and agents for movie/TV talent. It is not common knowledge, but a good number of senior executives request in their own employment contracts that provide that, if the CEO should depart for any reason, be it voluntary, due to disability or death, or involuntary, due to misconduct reasons or otherwise, they have the option, but not the obligation, to depart free from further obligations and continuing restrictions to the employer.

“Key Man / Key Woman Clauses” are one of the best ways to protect your “key business relations.” And, if you may have the leverage to safeguard your own “key business relations,” why not at least try?

WHAT YOU CAN DO: If you have such key business relations – and so many people do – consider the use of Key Man / Key Woman clauses to protect them. Here are some very valuable pointers:
Continue Reading. . .


Alan L. Sklover

Alan L. Sklover

Employment Attorney
and Career Strategist
for over 35 years

Job Security and Career Success now depend on knowing how to navigate and negotiate to gain the most for your skills, time and efforts. Learn the trade secrets and 'uncommon common sense' of Attorney Alan L. Sklover, the leading authority on "Negotiating for Yourself at Work™".

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