Page 20 - Sonoma County Gazette - May, 2018

Marketing Learn Something
101
New Every Day
By Elizabeth Slater
I am always surprised when I come across people who believe that they have
Do you have a legal question on your mind? Email me at debra@newbylawoffice.com.
nothing to learn Yet it is rare that there is not something new to learn, a new idea, a different way of thinking about something we may already know or even something about ourself or our reactions, in every situation in which we find yourselves.
Dear Debra:
My aunt worked for a local company for over 20 years until she was laid off. Her boss told her that the company was down-sizing and that they had to let a few employees go. She is devastated. She is only 44 years-old and is a hard worker. What are her legal options? Signed: Nervous Niece
Dear NN,
All we have to do is let out the ‘Learner.’ Access that beginner’s mind. The beginner’s mind is that place inside us that just allows us to learn without judgment or embarrassment. Think of babies and small children. When
babies are learning to walk they will get up and fall down so many times it’s astounding. Yet the children never get an attitude. They do not totter there thinking that they will never learn to walk, then sit down on the floor and
stay there until they are forty. They just keep on trying until they can walk. Small children get frustrated but they don’t give up...that is the beginner’s mind. Why do we need to cultivate our beginner’s mind? One word...Business! Business is requiring us, on a regular basis, to do more and more things that we have never done before. Just think about the advances in Social Media and Marketing, there is always something new coming around the corner.
So sad to hear that your aunt finds herself unemployed. Her emotions must be in flux—much like our recent weather patterns. I suspect her reaction to the sudden news ranges from confusion, to anger, to apathy. First, I need
to disclose that I do not practice employment law (my primary emphasis is personal injury law), but perhaps a brief summary of California employment law, followed by a few practical tips, may be helpful.
Inside of us we have both a Knower and a Learner. As we get older we access our Knower part more and more because it is more comfortable for us, and
we access the Learner less and less. Have you stopped being a learner and become only a knower? The spring (a time of renewal) is a great times to take
Section 2922 of California’s Labor Code provides that employees are presumed to be “at will”. This means that either the employer or the employee may terminate the employment for any reason or for no reason, with or without notice. Note that certain employees, like civil service employees or employees represented by unions (and covered by a collective bargaining agreement
that may contain “just cause” language) may be an exception to the “at will” standard.
a step back and think about the things you might need to learn to make your businesses stronger. Or you may choose to learn something just because you would like to.
Just because an employer can fire an employee for no reason or for any reason, he or she still must comply with a complex web of federal, state
and local laws that prohibit specific acts, for example, discrimination and retaliation. Employees are afforded certain protections under the law. Your aunt may have a claim for “Wrongful Termination” if she can prove any of the following:
My sister, on the occasion of her fiftieth birthday, decided she was going to learn to play the banjo and she did. Years later she upgraded to a better banjos (even having one custom made) and now is exceptional proficient, playing professionally as well as for her own enjoyent. Her choice of instrument has also afforded me the opportunity to make jokes about banjo playing and banjo players (sorry Mags), which brings me great enjoyment. However, I truly admire her willingness to learn something new.
1) Discrimination—was she fired because of age, disability, race, sexual orientation, national origin or pregnancy?
2) Retaliation—was she fired in retaliation to the filing of a workers’ compensation claim or sexual harassment claim?
Much of my year is spend presenting seminars at conferences, to associations and individual bsuinesses. For me it is a thrilling and rewarding time. There is nothing more gratifying than seeing the light in people’s eyes during a seminar when I share a process that is new to them. When I see someone furiously writing I know that I have done my job. However, catch me during a break in a seminar and you will usually find me furiously writing. I am hurriedly jotting down things my audience has said so I will not forget them; because it is not only what I can teach people that is so exciting but what they can teach me. Every time I present a seminar I learn from the people attending. As a friend of mine loves to remind me, “Don’t believe everything you think, Elizabeth.”
Curiously, a new law went into effect on January 1, 2018 (SB 306) which allows the Labor Commissioner to investigate whether discrimination or retaliation occurred, even if the employee did not file a complaint. Huge improvement.
We don’t know what we don’t know. There may be some things about your business that you have overlooked that are making you less successful. Don’t only look at your business from your angle, ask others, your customers, your staff what you are doing right and what you could do better.
• Save and print any emails, text messages or other written communication that might provide a “paper trail” as to the circumstances that lead to the discharge (keeping in mind that most employers will likely keep the reason for the firing vague or “close to the vest”).
Hire some mystery shoppers to come in and assess your business. If
you want any help with organizing a mystery shop, drop me an email (E@ inshortmarketing.com) for tips on how to create the questionnaire and who to hire. Here is your first tip, don’t hire your friends or people you know to do it. They won’t want to hurt your feelings so they won’t tell you what you need to know.
• If other employees were also “let go”, discreetly talk to them to determine if any “patterns” are evolving.
The important lesson through all of this—be open to learning something about your business, your methods of doing business or yourself at every opportunity. This motivation to learn will make you and your company more successful and more profitable Or as an employee make your more valuable to your employer. No matter how you choose to learn, through books, seminars, conferences, listening to tapes in the car or through listening to others in
• If the facts do not support a wrongful termination or constructive discharge claim, your aunt may consider unemployment benefits as she continues
to look for new work. Contact the California Employment Development Department (California EDD) at 1-800-300-5616 or visit www.edd.ca.gov. unemployemnt. Also, make sure she has a detailed “exit meeting” with her HR Department so she clearly understands actions she must take regarding her benefits, specifically health insurance and pension benefits.
the same business, learning is what keeps you energized and enthusiastic about business. If you are energized and enthusiastic you pass this energy and enthusiasm along to your employees. They in turn will pass it along to customers who then promote our business and products to the rest of the
Looking for a new job can be stressful and zap your energy. It can also force one to look at their future with a renewed sense of purpose and adaptability. She may need to be flexible, but decisive. As the late Stephen Hawking quipped, “Intelligence is the ability to adapt to change”. I wish her the best of
luck as she continues her remarkable journey.
world. This Q & A Legal Column is intended as a community service to discuss general legal principles and does
A tip of the glass from me to you!
20 - www.sonomacountygazette.com - 5/18
not create an attorney-client relationship. Debra A. Newby has practiced law for 36 years, is a member of the California, Texas and Sonoma County Bar Associations and currently maintains an active law office in Santa Rosa which emphasizes personal injury law and expungements. Debra can be reached via email(debra@newbylawoffice.com), phone (707-526-7200), or fax (526-7202).
Also keep in mind that if the employer makes the working conditions unbearable and difficult, which in essence leads to the employee quitting, that may give rise to a “constructive dismissal or discharge claim.
Practical Tips:
• Talk to former and current co-workers whom you trust to determine if the employer consistently enforced any workplace rules.
• If you or your aunt believe that there may be grounds for a wrongful termination claim, immediately consult with an experienced employment law attorney. A local employment attorney I trust is Nancy Watson in Santa Rosa (707-536-1185).