Workplace Issues | BizSieve.com

Premises Liability: Proper Outfitting for Your Small Business Location

Business owners face a variety of legal hassles when operating a business. Obtaining permits, collecting and paying taxes, and dealing with the ever present possibility of litigation can be cumbersome. Small business owners who operate a business that is open to the public also have a duty to keep their property free of hidden hazards. Failure to do so may result in liability for negligence.

Hazardous Conditions

One important note is that the property does not have to be free of hazardous conditions. The hazardous conditions must be latent, or hidden to be a liability. Additionally, the law normally requires the business owner to know about the condition or at least be in a condition where he or she should have known about it. This responsibility extends to the employees. Spills happen, people drop glass items, and individuals come into the store while physically ill on a regular basis. If the business uses a larger property with few employees, taking an occasional walk throughout the business to check for hazards or signs of theft may be a good idea.

With a small business, hazardous but hidden conditions can appear in a variety of ways. Obstructed or slippery floors can result in a slip and fall injury; oil, water, and ice are often invisible on the neutral-colored linoleum used by many small businesses. If the building is open during construction or maintenance, visitors may also encounter exposed wiring. If items are improperly stacked or if the shelves are of poor construction, items may fall off the shelves and onto customers, causing serious injury.

Protecting Yourself From Liability

The Perecman Firm says that, “property owners [at least] in New York are responsible for keeping people on their property reasonably safe from injury.” However, business owners who do not know or could not reasonably have known about the defect may not have a duty to repair it. Courts in most states hold the business owner liable for his or her constructive knowledge if the hazardous condition was caused by an employee; in other words, the business may be sued if the owner’s agent caused the defect. As a result, claiming ignorance of a defect is not normally a good tactic to avoid litigation.

Business owners can satisfy their duty to their customers in two ways. The first is through the use of warnings. Warnings can include signage, caution tape, fencing, or any other similar measure that would cause a reasonable person to recognize the hazardous condition. The second way to avoid liability for injuries stemming from the hazardous condition is by repairing the condition itself. By removing the danger altogether, business owners can avoid customer injuries.

The Issue of Negligence

Most U.S. states use a doctrine known as comparative negligence. In these states, a plaintiff who suffers an injury as a result of another party’s negligence may recover even if he or she was largely responsible for the injury in the first place. Different states have different rules on the matter; some states require that the defendant be at least 50 percent negligent to recover anything. However, some states do not have any cutoff limit. In those states, a slow-witted plaintiff can recover at least some damages even if he or she was 99 percent at fault for the accident.

This is important because when it comes to warnings, it does not take much to make a colorable argument that the defendant was one percent negligent or even ten percent negligent. Simply arguing that more signs, more warning lights, better placement of existing signs, or auditory signals would have reduced the probability of an injury happening can be enough to convince a jury that the store owner bears some of the responsibility for the accident. Warnings should only be used while the hazardous condition is being repaired, such as when an employee is getting a mop or a broom. From a liability standpoint, fixing the condition will be better than simply leaving a warning sign alerting customers to the defect.

When a hazardous condition appears on the property, owners have a duty to either repair the condition or warn customers away from it. In practice, most business owners will use a combination of the two approaches. For example, if water or ice is spilled in an aisle, posting temporary signage or briefly closing the aisle while an employee finds a mop and a bucket is a common tactic that businesses use to avoid liability. Closing a section of the store briefly while a defect is being repaired may cost the store a percentage of its daily sales, but it will be much less expensive than paying for an injured customer’s medical bills.

About the Author: Saam Banai is a freelance writer and editor and proponent of safe business practices.

How to Handle Conflict at Work

Conflicts will always arise at the workplace. Irrespective of how much we hate it, it is a universal truth that there is no organization in the world which is free of conflict.

It may be a small matter that can be easily resolved, or it may be a major conflict that threatens the existence of the business entity. This does not mean that the organization has to be in a chaotic state at all times. Conflict can be the beginning of interesting relations at work. The managers have to be meticulous in dealing with it. They must do so in a manner that is fair to all and the means used to arrive at a solution must be void of bias or prejudice.

Here are a few tips that are useful in minimizing and handling work related warfare.

1. Define what is acceptable

This is the first step in avoiding unnecessary rivalry. Ensure that all employees understand the kind of behavior that is expected of them. Clearly define a framework that highlights code of ethics. Let them know what will not be tolerated. In the same light ensure that everyone’s job description is crystal clear to avoid situations where there is conflict arising from ambiguity in roles. This framework should be used whenever there is a conflict, and the employees have to be aware of its existence. The policies which have been set up have to be utilized as the basis for conflict resolution.

2. Deal with conflict as soon as it arises

Tugs of war at the workplace should not be ignored for too long. Ignoring such clashes will only give them time to flare up. It may spread like bushfire, and before you know it, it is all over the organization. This particular reason necessitates prompt confrontation of the conflict before it goes out of control. Do not let it escalate to a level where you cannot effectively deal with it. Do not bury your head in the sand. A few conflicts will calm down naturally, but most conflicts do not die down without some sort of intervention.

3. Listen to all parties and then act

It is only fair that both parties are accorded an audience before action is taken. Sometimes it is not necessary to do so, especially when it is quite obvious that one party is on the wrong. However, it is only right that both sides of the dispute are heard so as to arrive at a conclusion that is free and fair. Listen to what each party has to say before taking any serious action. Ascertain the facts and then act accordingly.

4. Request a third party to intervene

Whenever there is a conflict, it is important to ask an impartial third party to mediate. This is particularly important when you have made attempts to resolve the conflict without any significant progress. A third party will bring in some fresh ideas and give the parties concerned a notion that someone has listened to them, which is a crucial step towards healing.

5. Aim at finding a lasting solution

The idea behind conflict resolution is to come up with a lasting solution. You have to be solution oriented. As much as you acknowledge the problem, you have to suggest possible solutions which will bring the dispute to an end once and for all. This will help the parties to open up as they give their opinions about the suggested solutions, which should improve the situation.

6. Keep emotions away from the process

The greatest mistake people make is to let their emotions interfere with their decisions. The same applies while solving conflicts. Emotions will only aggravate a bad situation. Try to remain sober and to think as straight as possible. Ensure that emotions are kept off the bay so that they do not interfere with the process.

About the Author: Suzan Morley has over 10 years of HR experience.

3 Easy Ways to Organise your Workspace

If you work from home, whether self-employed or owning your own business, or simply in need of a space to perform office work like bills etc., separating your workspace from where you relax is essential to being able to carry out what you need to, when you need to. Ideally you don’t want to turn your home into the same place you associate with tedious work, or you’ll feel like you can never properly relax. On the other hand, you may not be able to get anything done, if psychologically you know you’re at home. If you own a business, this can be a major problem if financially, you have something at stake and need to work.

Below are three simple tips you may want to consider when organising your workspace to be more efficient:

1. Think ‘Work’

If you’re aware that you’re home, then you’ll be tempted to relax and not work as hard as you would do if in a public office environment. The process of commuting to an office and then being in public essentially, means one is psychologically more prepared to get on with what you need to do. If you’re self-employed and work alone then you also don’t have anyone to answer to other than yourself, so you don’t really have the same authority to push you. Put any distractions like a television or games console in another room, or at least out of sight. Ideally, you would have a different room to work in which you wouldn’t enter much outside of working, like an actual study. This is not always possible when spacing is an issue. You also don’t want these things to infiltrate your workspace, so ensure your desk isn’t cluttered or a place where things that not work-related are just left, like magazines or books.

2. Personalisation

If you had an a cubicle at work, you would be allowed to personalise your workspace somewhat even if there were some restrictions, so don’t think that you need to recreate a sterile office in your home to get into that mindset to work; after all, you’ll probably have to sit in that space for many hours, everyday, so it needs to fit you and be a place you can be happy in, even if you have to work. Add personal photos of family to your desk, though don’t go too overboard as this can clutter and distract. Additionally, something which can inspire or motivate you but doesn’t look too boring or dull can help, such as a fish tank or a painting/print of a majestic landscape, can help (preferably something which doesn’t take up too much space). Some find that said motivational posters remind them too much of being in a stiff office environment so perhaps stay away from those; plus they’re quite generic and you should make the most of being able to work from home. Everyone gets those moments of stress or when they just need to breathe a bit and think, so invest in something quality for those moments. Again, the most important thing is that you can work, so don’t clutter your desk with too many things that can distract you.

3. Health and Safety

To give you some perspective, you may want to think back to some of the health & safety considerations from a previous office (or other workplace) you have worked in. Keeping drinks without lids on an alternative side table would avoid spillages on paper, or worse electric equipment, which would need replacing and can result in lost work. Speaking of, make sure the fan for any computers is not obstructed so it doesn’t overheat and create similar computer problems. Consider yourself but also anyone who may come into contact with your workspace. Make sure things can’t be pulled off the desk by children or pets in the vicinity, like loose papers or books. Additional bookcases, shelves or cabinets will mean you don’t have stacks of books, documents or folders taking up space on your desk, which could fall over and cause more chaos. In fact, the positive of having a separate room to work in, means that not only do you separate it from your leisure psychologically, but anything valuable in there, like computers or records are secure from intruders and can be locked away; if you have kids or pets who like to wander in, they will be prevented from doing so.

Paul has worked in a variety of office environments. He currently works in digital marketing, and is in the process of putting together his own home-office, which has required consulting various sources on how to put together the best workspace at home.

Holiday Ruckus: Five Things to Watch out for in the Workplace During the Holiday Season

The holiday season is full of endless cheer and celebration. So many individuals wait in eager anticipation and excitement for Thanksgiving, Hanukah, Christmas, and New Year’s Eve to roll around. With all the seasonal joy, delicious food, and countless parties, the holiday season may seem like it’s all fun and games, but for many small-business owners this season can cause quite a few complications in the workplace.

Small-business owners don’t intend to come off like Mr. Scrooge during the holiday season; if anything, they are trying their best to remain upbeat and positive throughout the fall and winter months. After watching my parents run their small landscaping business through the years, I know firsthand how difficult it can be to run a company around Thanksgiving and Christmas. In case you haven’t realized, the holidays are peeking their heads around the corner; for those of you who are running a small business, there are five things in particular you need to start preparing for now.

holiday ruckus

Employee Vacations

Inevitably, many of your employees are going to want to take a few vacation days during the holidays. Therefore, it’s wise to tell everybody to submit their time-off requests as soon as possible. The main thing you want to avoid is having everyone from a specific department like accounting and human resources all gone at the same time. The best way to avoid something like this is to have members from each team or department meet with each other and designate which days they intend to take off. By doing this, you’ll avoid having too many people gone from the workplace at the same time.

Bonuses

Holiday bonuses are a tricky thing to handle. People often expect them during the holidays, and unfortunately, not all small businesses are able to hand them out. If you are not going to be handing out holiday bonuses, go ahead and make it known well in advance. Although some employees may be let down, the last thing you want to do is have them getting angry or upset right before the holidays. If you do intend to hand out bonuses, then it’s wise for you to contemplate when you’re going to hand them out. If you want to incorporate an element of surprise, you can wait until just before Christmas to hand them out, but if you want people to use them for holiday shopping, perhaps you could hand them out just before Thanksgiving.

Different Religious Views

Many of us make the assumption that anyone and everyone celebrates Thanksgiving and Christmas. In case you’ve forgotten, we live in a diverse country where not everybody celebrates these traditional holidays. In order to avoid any sort of unintended conflict in the office, it’s a good idea to ask everyone to submit anonymous comments on how they would like to handle celebrating holidays in the office. To handle something this, you could hand out an anonymous questionnaire asking people things like if they would like to have holiday parties; which holidays they would like celebrate; if there are certain foods they can’t eat; if there are certain holiday rituals they are uncomfortable with; etc. By making the holiday season comfortable for everyone, you’ll avoid most unintentional animosity and tension in the office.

Holiday Food

The holidays are packed full of delicious, fattening foods. Although our taste buds can’t get enough of them, our waistlines can. It is fun to bring in caloric sweets to the office every once in a while, but going overboard isn’t good for anyone. Make sure to talk to your office staff and emphasize that although it is a kind gesture to bring in sweet and salty treats, it’s important to know where to draw the line. You don’t want people feeling as if they have to indulge in unhealthy food simply because somebody brought it into the office “for everybody.” The last thing you want is rundown or exhausted simply because they are divulging too much in seasonal sweets.

Low Productivity

Along with all the holiday cheer comes one tough malady: low productivity. Many employees are so filled with excitement and anticipation during the weeks leading up to Christmas that their productivity goes down tremendously. Though it might be difficult to motivate people during the last few days before Christmas vacation, make sure to host a few employee meetings and have everyone go over what their working on during the low-productivity days. If you see a problem with certain departments or employees, pull them aside and kindly remind them that even though it’s the holiday season, they are still at work and they must live up to what is expected of them. As long as you remind everyone that they are not yet on Christmas break, you should be able to get everyone back on track quickly.

The holidays are supposed to be a fun, cheerful time of year, yet small-business owners must consider a number of conflicts that are likely to come up during the holidays. If you haven’t done so already, start thinking about how you’ll handle low productivity, employee vacations, holiday foods, different religious views, and bonuses during the upcoming holiday season.

About the Author: Alvina Lopez has freelanced about education throughout her career. As technology and education converge, Alvina hopes to guide her readers as they search for online college programs that have the potential to jumpstart their careers and change their lives. She welcomes feedback at alvina.lopez@gmail.com.

Top tips for minimising business disruption during the Olympics

With today signifying the real impact of commuters and Olympic goers, an estimated 35,000 commuters a day will see their journey home disrupted during the Games as the transport network juggles the needs of ordinary Londoners and Olympic spectators.

Despite smooth operations so far one of the biggest obstacles facing employers and commuters is business disruption as the city faces its first major test of combining weekday commuter traffic with a full day of Olympic events.

london olympics 2012
Image by Alexander Kachkaev / Flickr

Around 5.5 million visitors are expected every day and gridlock can inevitably be expected throughout the UK’s roads, rail networks, rail networks and waterways, potentially impacting supply chains throughout the country.

Preparing well in advance should help to minimise the impact of the weeks of disruption this summer and prevent this stressful time from damaging the customer relationships you may have spent years developing. In fact, as with most business risks, there is potential to turn the Games into an opportunity.

If you are seen by your customers to be taking the initiative and planning in advance to minimise the impact on their business, it could strengthen your relationship with them. With the Olympic and Paralympic Games only just arrived it’s not too late to put in place a 5-point remote working strategy:

Be creative – Launch a pilot programme in your organisation. Start with one or two departments or a set period of weeks (the Olympics could be an ideal time) and monitor results against set targets.
Develop criteria – Get a good remote working policy in place. Generally, the adoption of remote working involves building the minimum appropriate infrastructure – hosted solutions, or financial software such as IRIS Exchequer installed and hosted in secure scalable data centres. Tools could include remote control applications, collaboration software and video conferencing software. It may be easier to reach team members via the web than walk around the office.
Technology – Ensure that you choose a hosted service that includes the on-going management of the servers, software and data including the provision of backup services, installation of security patches and various levels of technical expertise and support.
Communication – create a schedule for regular communication. Use instant messaging and video chatting for spontaneous conversations to ensure that staff don’t miss out on ‘the real world’.
Metrics – It’s well known that when staff work from home they are happier, free from office distractions and often more productive. However what about staff that need supervision? Rather than monitoring hours worked per day, set production targets or goals to be completed.

The Olympics could be used as a springboard towards a much more widespread four-day office week with either staff working from home, doing compressed hours, or going part-time. A move that not only will help employers cut costs and ease the strain on commuter rail and roads (and ultimately the tax payer who funds their repair) but to help ease the pain of tough economic times. Perhaps then we will finally discover that remote working really can be a win-win.

About the author: Paul Sparkes is Product Director at IRIS Exchequer, a mid-market business and finance management solution that has received a number of awards over the years. Awards success includes winning ‘Financial Software Provider of the Year’ in the Real Finance/CBI FDs’ Excellence Awards 2012, 2011, 2008, 2006 and 2005.

IRIS Exchequer was named the ‘Best rated accounting product catering for businesses in the medium range’ in an authoritative survey by the ICAEW (Institute of Chartered Accountants in England and Wales), the industry body which also accredits IRIS Exchequer.