Employee Vs Employer

Our labor system is designed to protect the employee from the employer. Is it fair, NO. California does its best to protect the employee and not the employer.   If it was the other way around the unemployment rate would be 50% lower and there would be much fewer businesses closing their doors. More than 90 percent of small business will be out of business in the first 2 years and 5 percent more by the fifth year. So 5 percent of all small business is all that will survive. That really makes you want to own your own business. Owning your own business is the American dream. That is if you don’t have to hire to many employees and set your business up in California.

Today there are so many ways to open a web based business and run it from anywhere without a single employee.  It’s easy, cheap and fast.  In less than 5 days you have a working website stocked with products for less than $1,000.00.

I find it interesting; you’re an employer that has fired a dysfunctional employee and are not able to protect your fellow employers from making the same mistake you made. I understand that Government does not want unemployment levels to rise, but why can’t an obvious bad employee be published as a bad employee? If an employee can’t get away with bad behavior or other bad work habits they sooner or later will change.

When hiring an employee your chances of finding a loyal hard working good person are about 1 in 20. So you most likely will fail the first time around, learn by your mistakes and hopefully not do it again.

This is why it is best to use a temp service so you can try them out for a while without placing them on your payroll. After 3 months or so you should have a pretty good idea if you have found that right person. If not you can trade them in for a new model for the next 3 months. This way you can keep them off your payroll until you are entirely sure they are the right one.

Now there is the problem with longevity which means after 5 years or so that perfect employee starts getting tired of the same old routine and they start to fail. You could have done everything for this employee including buying them cars, paying them way above the going wage, giving great yearly bonuses, lots of time off paid and so much more, but when it ends they won’t remember all the great things you did over the 5 years and many of them will even steal from you or try to hurt you or your company in one way or another.

So what’s an owner to do so they can keep their doors open and find those great employees? Spending the time researching every employee you plan to hire is critical, expensive, time consuming, and a must for your success. You need to review all past employment, search their name on the internet, and contact a private detective to research their background. Finally run them through Personality Tests which covers, General Personality, Attachment Theory, Basic Emotions, Behavior Genetics, Behaviorism, Cognitive Social Theories, Five-Factor Model, Intelligence, Interpersonal, PEN Model, Personality Disorders, Psychoanalysis, Psychopathology.

Listen to how they speak about their family, friends, spouse, and most important animals. Be sure they don’t lean too far to the right or left. Make sure they are not overly obsessive in their belief systems. There is nothing wrong with belief systems as long as they don’t shove it down your business concepts.

It unfortunate you can’t focus on the areas that will matter such as their health, looks, dress, recreational activities and what they do in the spare time. Remember you are hiring not just an employee but a marriage between you, all the other employees and your client base.  But that does not mean someone outside the company using the right procedures can’t do the casual interview to find out what they need.

So is it possible to hire the perfect employee, absolutely yes. If you know the proper procedure, rules, laws and the order you must follow when interviewing them.

It took our company many years to discover the way you hire great people and finally we can say every single employee we have is exceptional.

What we have discovered by taking with the labor board and many attorneys that there are ways you can post problem employees on the internet under the freedom of speech act. It must be done in good taste and not to exceed the truth. You need to have one customer and one employee that are willing to back up what you are stating about that employee.

We soon will be making a list of employees that we would never hire back into our businesses. If this saves even one employer from hiring an employee that will make their life a living hell, we’ve done our job.

We will be following all regulation of what we can and cannot say backed by the labor board and our attorneys. If you have an employee you would like us to add, please only send us the name in our blog. Please do not write anything bad about them. We will do the research needed to post their name. You must have a clean track record with the labor board for us to post their name.  We will find the shadow image of them.

We will also be making our staff of professional available to assist you in hiring the right employees.

Sincerely:

Anatomystery

We will be detailing out their names by July 30th. We apologize for the delay but must follow all necessary steps to stay within regulations. A shadow image of each employee will be available by request. Once these names are posted they will never be removed.
California Employees: BR, JC, JR, SP, WG.

Since we last wrote there have been some changes.  A hearing will take place this month on one of these cases and a real surprise may throw the whole case out.

So when the case is final over and they decide to give the victory to the employee what’s next?  The employee is awarded with a judgment.  So what happens next?   The employee has to collect on that judgment.  Last year it was determined that only 1/3 of all employees actually collected in full on their judgment.  The other 1/3 had to hire someone to help collect on the judgment and lost more than half of what was coming to them.  What a load of work for a couple of thousand dollars.

What no one understands is this type of action will follow them throughout the rest of their life.   It becomes public and internet knowledge.   They also believe that the law will be there to protect them.  There are almost One Million crimes daily in the US that is never resolved.  Many of them are not elevated to the level of support they need to get resolved.  Plus we all know the law is only good if they are there at the scene when it happens.

Look at the O.J. case.  Even if he was convicted the victims are gone for life.  So who really won?

It always goes back to that old saying “what comes around goes around” It is definitely coming back around to O.J.

People can run but they can’t hide.  All you need is the persons SS number, license plate number or the last place of employment and the internet.

This case should be closed by the end of July.

PARKER TOYOTA – PUBLIC NOTICE

HES Operations

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HES
Partnership Agreement
June 30, 2009

This is a Partnership Agreement to merge assets and resources of M/I and S/K with HES as equal partners. In this document whereas referred to M/I shall mean, M and I, and whereas referred to HES shall mean, HES. This agreement is valid with the combined buy/sale agreement of SBL and a completed lease agreement of B Lane, HB, CA; Special concessions will also be made in a separate agreement between NDI and SBL; M/I to take possession of SBL on August 1st , 2009.

Details to this Agreement referenced in Exhibit 1 attached.
1. With the exception of the Law, all information regarding S/K will be kept confidential from outside parties. HES location is 7451 WA, Suite E, HB, California..

2. S/K and M/I agree to incorporate HES either as an LLC or Corporation as decided upon by both parties, utilizing attorney agreed to by all parties. Once incorporated, a new merchant account and bank account will be opened. All partners to be signers on the account.

3. M/I will take 50% ownership of HES upon closing of SBL, estimated at July 31st, 2009. Closing to take place at 17762 PL, HB, CA.or any other location decided between, S/K and M/I. Until that time, HES will continue to be serviced and billed by ADC as contracted prior to this agreement. M/I Partnership contribution outlined in HES Exhibit 1, sections I, II, III and IV to begin upon closing of SBL and
commencement of 50% ownership of HES.

4. On the last day of August 2009, ADC will cease Value Added Services monthly billing. Closing is July 31st. First partner disbursement with start October 1st. M/I and S/K will start receiving each 50% of the gross profits, less sales tax and product costs. The product costs and sales tax will be turned over to M/I to pay the vendors and electronically submit the sales Tax.

5. M/I and S/K will Incorporate HES as HES, Inc. as primary select name or HES Inc. Corporate lawyer will within 10 business days provide affidavit as proof of corporation to procure Bank account. Each partner will loan $2500 as initial deposit to open account.

6. Accounting and books will be maintained by one person representing each partner. All expenses for third party services and purchases for HES and checks to be signed by one party on each side, or an standard email format agreement for check signing will be designated as a substitute approval if partners from one side or another are not available. Assets owned by to remain with SBL. including merchant and bank accounts.

7. Software of SBT to continue to be utilized for the first 3 month of business to control the business of HES. IF M/I finds SBT to be effective and satisfactory, SBT can be left in permanent use.

8. Monthly reports to be generated and reviewed by each partner. Capital gains to be distributed by each partner quarterly. Both partners agree to enter business transactions into Quickbooks or similar software accounting enabling each partner to have access to live transactions.

9. LogisticArt can be installed at anytime on HES.

10. Once HES has incorporated, a separate insurance policy will be held by S/K and M/I covering HES.

11. Sales procedures attached as exhibits 1B-1D until such time as a new sales procedure is implemented.

12. At the closing the Buyer and Seller shall execute any and all documents necessary to finalize this agreement.

Signed and dated 06/30/2009

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HES
Partnership Agreement
EXHIBIT 1A

This is a general overview to guide the agreement to merge assets and resources of M/I with HES. In this document whereas referred to M/I shall mean, M/I, and whereas referred to HES shall mean, HES, and whereas referred to S/K shall mean S/K.

Partners agree that this Exhibit 1 is made as part of the HES Agreement and is attached hereto.

INTRODUCTION

We welcome the opportunity to combine M/I and HES business resources. We come to the table with the utmost respect and understanding of your current achievements. We trust that once a merger is established, we will experience increase with performance efficiency, while simultaneously raising HES bottom line. In this document, and generally speaking; we wish to share some of our core practices and skills which help set our company apart from the others. Our attitude, “do it right or don’t do it at all” has largely attributed to our conquering important milestones and goals. Much like you we come from small beginnings, and have maintained a respectable rate of growth on many fronts for over a decade. And we confess there is much yet to learn.

Please keep in mind this outline may not mention some key business functions, including some which will require measurable human resources. Therefore, it should be assumed while you read forward, elements not mentioned here may have otherwise been considered. Those details may be found in addendum to these pages.

OBJECTIVE

Our due diligence revealed proportionate asset allocation necessities for meeting the objectives to expand on the business of HES. Through think tank and collaboration with you, we will design and produce a trade mark appearance; streamline functionality to increase sales performance and out-perform others in our category of industry, for today and tomorrow’s Internet. We have projected requirements below.

M/I agree to enter its interest as a 50% partner with HES. M/I will help plan and work within budgeted time/cost guidelines; utilize combined skills and resources to reconstruct the main web site entirely; create
and implement conventional and Internet marketing campaigns; plan, design, and integrate data logistic software, improving data retention and management; provide private and public network services; with a
secure gateway for our companies to transport schedules and other data seamlessly, securely and on a daily basis; we will set our sights on future developments within the industries we will operate; and indulge our minds during research and be prepared for the growth.

RESOURCES

Financial interest for 50% split of net revenue, including; HES.NET, HES.COM and ALP web site sales; including phone, fax and verbal sale orders. Scheduled man hours will be calculated referencing five to six M/I personnel. Budget projections will reference needed skill sets to be allocated for each partner’s financial commitment, based on HES revenue values.

I. PERFORMANCE/PLANNING/SCHEDULING

This outline reflects our departmental personnel skills, job responsibilities imperative man hours to meet the performance criteria.

1. M/I Personnel– All Departments:

a. Project Manager and Director of Operation (MF)

i. Scope of project and feasibility, planning, and budgeting
ii. Think tank process and journals
iii. Manage administrative, technology personnel and delegation
iv. Develop and enforce standards
v. Public relations/communication – vendors, clients and customers
vi. Research and development for IT software, hardware appliance, and systems
vii. Enforce security standards; office facilities, network systems and personnel

b. Business Administrator (IF)

i. Coordinate legal standards and practices
ii. Human resources, licensing and permits
iii. Accounting and scheduling management
iv. Public relations/communications
v. Observe and communicate security issues

c. Senior Network Administrator & Security Engineer (AE)

i. Maintain private and public network hardware/software systems
ii. Run network backup and ensure data retention integrity
iii. Maintain hosting service software updates
iv. Security policy communication and security threat management
v. Maintain improved high availability (HA) network systems
vi. Govern HIPAA compliancy over hardware, software and personnel
vii. Evaluate proprietary development and plan integration
viii. Research IT network appliance and explore new architectures
ix. Planning, budgeting and reporting software and appliance upgrades

d. Creative Media Development & Content Management (MC)

i. Creative digital media production
ii. Audio, video and hardcopy media editing
iii. Coordinate third party services of media reproduction
iv. Web development and content management
v. Editorial HTML encoding and publishing to the web
vi. Evaluate and communicate possible department upgrades desktop publishing
vii. Observe and communicate security issues
e. Software Programming & Database Development (GM)
i. Develop interactive database systems for internal and web applications
ii. Preserve progressive software versions
iii. Deployment of approved proprietary systems
iv. Troubleshoot, debug, and problem solve interactive web systems
v. Streamline code to meet improved standards.
vi. Manage computer workstations, software tools and upgrades
vii. Observe and communicate security development and vulnerabilities.
f. Web Content & Marketing Media Coordinator (LC)
i. Familiarization of all planning and operations
ii. Research industry news and national media events
iii. Design advertisement prototype and coordinate into production
iv. Copywriter and copy proofing
v. Web content management
vi. Survey web navigational element and improvement recommendations
vii. Observe and communicate security issues

2. Facility/Man Hours—All Departments; production on the main web site will be put fully into effect immediately. Schedules will be drafted for each department to synchronize work flow. The monthly/hourly allocation will start at $9,600 (EXIBT monthly with the following set man hours. Estimated human resource would consist of:

a. Director of Operations (20 hours monthly at minimum)
b. Business Administrator (10 hours monthly at minimum)
c. Senior Network Administrator & Security Engineer (3 hours monthly )
d. Creative Media Development Content Management (20 hours monthly at minimum)
e. Software Programming & Database Development (15 hours)
f. Web Content Organizer & Integration Coordinator (20 hours at minimum)

II. BUILDING THE BUSINESS

1. Broadening the Web site Revenue
In general, here are a few systems that would improve the HES site’s popularity which would increase repeat sales and new customers. It can be guaranteed if the web site appearance and navigational functionality were improved; the revenue from online sales will increase.

a. Produce and implement e-book inventory
b. Produce and implement audio video lecture, including POD Casting
c. We propose to develop a proprietary system to enable visitor personal user pages where as they traverse the HES site, adding found content can easily be listed in personal pages with a click action. As the visitor returns, a log in will bring them to the collective information and resources.
d. Providing a health symptoms roster where visitors can find knowledge about their health concerns, then add it to their personalized page or quick access to products of their interest.
e. Reward credits for repetitive shoppers may reach products ordered threshold, and be rewarded to chose from select list of free products.
f. Cross selling implementation will also increase unit sales. These systems are now embedded in the HES software. During the redesign, these functions will be made active. This function is one that we will allow HES to manage.
g. Added landscape and marketing channels sell opt-in, pay to advertise. So the ability to increase traffic respectfully where impressions and clicks can be tracked, reported to resell on
HES.
h. Blogging has proven to be widely accepted by the populous. Steering traffic from HES and its satellite sites would be cost effective. With a designed crossover point to the main site, traffic would increase. Topics and discussion by users would be made public were otherwise, HES cannot publish the discussion content them self do to FDA and FTC rules.
i. RSS (Really Simple Syndication) can be applied and hosted on the server to resell the health information to other web site owners to have stream on their site. This is an enrollment process, much like the stock market ticker RSS.

2. Marketing – Conventional

a. Select top industry producers of key product categories that are most effective and product/services are recognized by the general public.
b. Organize media distribution channels and decide key starting points and/or fortify concurrent marketing channels.
c. Procure relations and contracted marketing with third parties where due diligence has proven to be most effective.
d. Performance expectations to budgeted marketing costs will be duly noted, and planning translated into event schedules.
e. Facilitate design, production, and distribution of hard-copy media.

3. Marketing – Internet

a. Marketing within the domain web sites will have promotional advertisements such as coupon discounts, rewards plan, and quantity purchase or purchasers can earn free shipping offers…
b. Synchronize marketing of top select product categories with the trademark appearance to that of distributed hardcopy media.
c. Performance expectations/budgets from actual sales will be created and analyzed.
d. E-mail auto-responder/broadcasting of alerts, knowledgeable articles, and special offers… In the process protocols, federal mandates will be observed and practiced. No selling/purchasing of e-mails listed will be implemented in any way.

4. Conveying Elements to the Web

a. Content to be released for publishing should be processed through practice and standards department. Copy will be sifted through Federal protocol and meet company ethics.
b. Mock-ups of design aspects should be built and routinely discussed by both partners before being brought to production and made public. Decisions to produce and release content should be assured by a feasible time-line and financial budget.

5. Points of Reliance from HES Partners

a. Medical technical, tangible, and digital product resource and support. This includes copywriter and public relations.
b. Health research for medicines, educational material, and government regulation for product and information release to the consumer.
c. Collect, manage and supply customer contact information for point of marketing.
d. Sales performances, reporting and comparison analysis.

III. STANDARDS & PRACTICES

All actions in our relationship and to the industry will undergo a regulated level of scrutiny so both partners may be held harmless.

1. Publishing to the Web Site

a. Medical product and documentation deemed controversial by the FDA, FTC, FCC and other organizations will not be considered in association with our interests.
b. Abstain from making claims which could harm the company reputation or bring penalty to the companies and correct any current publications under scrutiny.
c. Intellectual property of others published in hard-copy or to the web site must have a written approved from the creator and preserved on file. Proper citing of the reprint for any such copy must be published as said in agreement with the author.
d. Search engine optimization tactics applied to increase HES’s web site visibility is considered to have optimal performance. It should be understood that other web sites that contain exact copy may likely have adverse affects in performance to that of our expectation. It would be worth investigating the HES site for this possible predicament.

2. Health Insurance Portability and accountability Act (HIPAA)

a. It has been observed that customers freely send by email or web site form submission an company personnel; their health conditions and medication protocols. Therefore HIPAA regulations must be enforced and practiced by M/I and HES. We currently adhere to these standards with our personnel, network hardware/software, hardcopy/retention and security policies, including our public hosting network.

3. Payment Card Industry Data Security Standards (PCIDSS)

a. Office and web site systems that retain customer credit cards must follow PCIDSS regulations. Our systems may not have customers credit cards account stored anywhere on a system without data obfuscation or hashing customer account data. The CVV (credit verification value) number is never stored anywhere, including hard/soft copy.

IV. PROFIT & LOSS

1. if turnout does improve revenues and lower operating costs, the net worth for each partner will bear increase.

2. There are tangible costs to embark on the above. We suggest cost be equivalent to a partner’s share These costs currently are minimal (e.g. software updates, SSL server certificates…) and normally and annual costs

3. The current service program for HES and all associated service charges will cease. This includes hosting and value added services for the said domains herein.

4. As stated in II. BUILDING THE BUSINESS; 1) Broadening the Web site Revenue. The word guaranteed is a promise of increased revenues for HES, then S/K must continue to share in the profits of HES which has a 4 year past experience of doing no less than $14,000.00 per month in profit after all expenses and before income taxes. This allows S/K to continue their salary of $7,000.00 per month or more if the guarantee proves to perform as stated above.

Signed on 06/30/2009

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