career advancement

Career Impact – Jim and the New Non-compete Agreement

July 5, 2017 By Marta Goertzen

A Must Read article about Signing Non-Compete Clauses.

Sometimes people think I make up the stories I share with you. I don’t have to make up anything. The world is filled with crazy stories like this sad tale I heard the other day.

Jim just celebrated his fourth year as a medical supply sales rep. He hit his numbers every year. Things were looking great for a rewarding career with this growing company, acquired last year by a larger competitor.

Until one week ago when every sales person received that fateful email. Everyone would be required to sign a non-compete by the following Friday. Out of the blue. No notice. No consideration for signing away his rights to work for a competitor or vendor or anyone who even sells batteries in a health care facility of any kind.

Jim was beside himself. The more experienced reps were terrified. No one was sleeping well.

I can imagine what prompted the new non-compete requirement. A good sales rep quit. The new president asked HR if that fellow had a non-compete. Upon hearing that the company did not require non-competes, the CEO ordered HR to make it happen immediately. HR, doing what it was told without comment, made it happen.

But these things should NOT happen. Not to hard working employees happy with their jobs and the company. This company did not have engagement problems or employee turnover. Sales were strong. Employees were relatively happy. Past tense.

The proper response from HR should have been, “Let’s figure out why that guy left. We will check our turnover and see if we have a problem then implement non-competes for all new employees. Eventually everyone will have a non-compete if that is what you want.” But that is not what happened.

Here is why this situation is a big problem for the company and the individuals.

Are the non-competes forced in this situation even valid?

A non-compete is a legal document that prevents employees from going to work for a competitor for a period of time. The purpose is to protect hard-won company assets, ideas and treasures from running off to competitors. Employees agree to forgo major employment opportunities to benefit the company.

This requires consideration: Like any legally enforceable contract, the side asking for the benefit (the company) should offer the person making the sacrifice (the employee) substantial consideration (that is a legal term) to waive future opportunities. Just keeping your job or receiving a bonus you would ordinarily receive is not sufficient consideration. It has to be something else, something special that makes the sacrifice worthwhile.

In Jim’s case, the company offered each sales person a guarantee that each employee would receive the commission they would normally receive anyway in their draw-versus-commission compensation plan. Any sales person worth their salt who make their quota would receive that commission anyway. How is that any kind of consideration for signing away Jim’s future employment opportunities?

Can’t be signed under duress: One side of the contract cannot force the other side to sign the contract without having time to review and consider the options. In this case, the company gave the employees one week to sign or be fired. Wow! Talk about pressure. One week is not even sufficient for the employees to seek legal advice much less decide to sign away significant future employment opportunities. Jim wasn’t sleeping or eating or even thinking clearly. He was a mess. The senior reps were in worse condition.

Could the new non-competes really bind the employees without proper consideration and being forced to sign under duress? It is hard to tell. The only way either side can really know is to take the case to court, an expensive proposition.

In the meantime let’s look at what the company achieved with this effort:

Sales go down. Employees are very upset and distracted. They are thinking and talking about non-competes rather than getting sales.
Employee satisfaction declines. Employees are talking about quitting or planning to get fired. Previously they were relatively happy and stable without a lot of turnover. Employee satisfaction is directly related to profitability.
Employee turnover increases. Employees are planning to leave even if they sign the agreement. Turnover is expensive. Calculate turnover at 1.5 times total annual salary. The idea is to reduce this cost, not take steps that will increase turnover.
Company brand takes a hit, impacting ability to recruit. Dissatisfied employees are spreading the word to friends, family and anyone who will listen. I heard about it at a social event because it is all Jim talks about to anyone who will listen. I didn’t even know Jim before that social event! Who wants to work for a company that treats people this way? I made a mental note of the name so I can tell clients to avoid that company.

My advice to Jim? SEEK ADVICE FROM AN ATTORNEY IN YOUR STATE! This is what I would do. I would not sign the agreement unless they force me to. Then I would sign the agreement but cross out the two paragraphs about non-competition. The other paragraphs about trade secrets and confidentiality are fine. See what the company does. As a last resort, I would sign the agreement then start looking for a job because it won’t get better from here. I gave Jim a copy of my book, Job Search Marketing Plan.

My advice to companies? This is an object lesson. Learn from this foolish medical supply company. Avoid actions that undermine your brand and hit your bottom line.

My advice to HR? You don’t have to blindly do whatever the CEO says. Your job is to give good advice in a manner that convinces the CEO to do the right thing for the company AND the employees. Because after all, employees are your greatest asset. At least that is what we tell our employees.

I would be glad to help anyone impacted by this kind of situation in any way I can.

In the meantime, don’t settle for a mediocre career that you don’t want anymore! LinkedIn offers many ways to find the ideal job or career for you! Get your FREE copy of the LinkedIn Career Advancement Tips and find the perfect career today.

DISCLAIMER: I am not an attorney. I am speaking from my own perspective. This article represents my own views and is not a substitute for legitimate legal advice. PLEASE SEEK ADVICE FROM AN ATTORNEY SPECIALIZING IN EMPLOYMENT LAW.

Five Easy Steps to Research a Target Company

June 6, 2017 By Marta Goertzen

If you are looking for career advancement outside of your current company, you need a list of target companies.

These are companies that seem, on the surface, to meet your main criteria regarding size, geography and industry who employ people like you. You can create that list easily enough. Heck, you can use Google Maps’ search function to identify companies in your industry in your geography.

The trick is knowing what to do with that list. You have to research the companies! Your goal is to understand the issues facing the company and the players who work there. Are they your kind of people? Can you extrapolate the big hairy problem facing the company?

Here are five steps you need to take to dig into a company to identify the issues, people and culture to determine if any individual company is right for you. At every step reflect on the issues raised by what you observe.

Company website. Read every tab and link. Check out the media posts and news. What is going on recently? What people have come and gone? What new innovations are they sharing? Look for business direction and changes. Dig for leadership lists and email addresses.
LinkedIn. How robust is their company page? A basic page without any information indicates a company that might not be up to date on social media and technology. Go to “See all” the employees with LinkedIn profiles. Start reading profiles to see what kind of people work there – hobbies, interests, background. Who are the leaders? Find the people who could be your boss and the folks who could be your colleagues. Are these people interesting to you? What would you talk to these folks about?
Facebook. Check out the company page. Is the page active? Any fun activities noted? Does it look like you would like working there with those people? Check out the LinkedIn profiles of the people who post frequently.
Google. Google the business leaders and perhaps the person who might be your boss for any interesting news and issues for those individuals and the company in general.
Talk to people who used to work there or who work there now. What are the big issues? What do they like or dislike about working there?

This research might take you at least an hour for each company. An investment of time that bears dividends. Now step back and use your professional experience to understand what is probably going on in that company.

Michael used these steps to research the company down the street from his home. He added this research to his observations that the parking lot is fuller than it used to be and folks seem to be working every Saturday and most Sundays. He extrapolated that the company was either implementing a new system, had process improvements that could be made to reduce overtime, and/or possibly was facing an employee relations problem related to work/life balance. Michael has experience in all these issues.

Michael can use this information when he reaches out to the Plant Manager or Operations Manager. He can talk professional to professional about how to address what is likely happening in that plant. Now Michael has something to talk about with business leaders other than asking “Do you know about any open positions?” The conversation might turn around to what Michael is looking for (a new job) but in the meantime he can talk professional to professional about something meaningful to the business leaders in his target company. All because he did a little research!

What kind of investment are you willing to make to get what you want? Invest a little time, be a little curious and use your experience to understand the big issues at the companies you target. It is worth the effort!

Don’t settle for a mediocre career that you don’t want! LinkedIn offers many ways to find the ideal job or career for you! Get your FREE copy of the LinkedIn Career Advancement Tips and find the perfect career today.

Find Opportunities for Career Growth

May 26, 2017 By Marta Goertzen

A fulfilling career is the intersection of something you find fascinating and something you are good at.

This article is an excerpt from our BizTV video, which can be viewed online, simply click this link.

In a fascinating Forbes article, Why you can’t find a job you love, author Louis Efron points out some reasons why so many Americans are unhappy at work. Setting the “my boss is a jerk” issues aside, much of the problem comes from a misalignment between passion and skill. That misalignment leads to communication and performance problems but also to boredom, a real career killer.

Passion alone is not the single path to career fulfillment. Passion might point us in a direction but skill and curiosity has to figure into the equation.

Here are five tips to find opportunities for career growth:

Start with passion. Identify one idea, activity or concept you find interesting about your current role. It could be a problem you see that others do not. This could be your niche.
Dig deeper. Can you see a solution that other people cannot? Do some research, identify resources, then put your idea in writing. Become the expert in your passion.
Raise your hand. Say “yes” to new experiences, particularly those related to your passion.
Share your ideas with a mentor for insight into how to put your ideas into action.
Stay positive. You can’t grow if you are grumbling about that glass being half empty.

Build career growth on something you find fascinating and something you are good at. The opportunities are all around you if you keep your eyes open.

In the meantime, check out this great resource to learn more about solving conflicts in your workplace or to view other videos featuring other strategic job search tips and tools from The Interview Doctor click here.

Alphabet Soup – are the letters after your name worth it?

June 28, 2016 By Marta Goertzen

Hanna asked, “I am looking to get certification in project management. What do you know about this? Any insight?”

I get this kind of question a lot. My daughter Marissa asked whether she should get the project management or Six Sigma Greenbelt certification while she got her MBA. Another friend asked if he should get the certification in HR.

These certifications require a lot of time but when you get the certification you can add lots of letters after your name so it must be worth it, right?

I got caught up in this excitement earlier in my career.

I received my Senior Professional in Human Resources (SPHR) certification in the late 1990s. It was expensive and intimidating. I did not tell anyone I sat for the exam. I did not study for it either. I figured that if I failed then I could study and take the test again. I passed! After a dispute with HRCI over receipt of my recertification materials many years later, my certification expired. Then I was left in the same position of wondering whether the certification is worth it.

This is where the decision to get certified in something becomes very personal.

Should you be a Project Management Professional or just be a project manager? Should you be a Professional Engineer or just an engineer? Should you be a Professional in Human Resources or just a professional HR person?

It depends!

I found a really great article, Is it worth getting PMP certified?” by Brian Crawford who specializes in project management related issues. His article gives great insight into the PMP certification specifically and other certifications generally. He outlines the pros and cons which include:

Pros:

It looks great on a resume
PMP certification proves you have project management experience
Certification brings more money (not true in HR but seems to be true in project management)
Certification can lead to networking opportunities and potential job / consulting opportunities (appears to be true with most certifications)
Certification indicates a commitment to the profession

Cons:

Certification is expensive (true for other certifications as well)
It is time consuming (very true)
Time consuming to renew and maintain certification in the future
Certification means you passed a test; it is not a guarantee that the certified person is actually any good at the job or is some kind of expert

I think Brian did a great job outlining the pros and cons. Now it is up to you to decide if certification is necessary in your career.

Should Hanna get the PMP? Or Marissa?

Hanna is at the middle of her career with a distinguished track record of accomplishments. Project management is an important part of her job. She is currently looking for a new position. I suspect in Hanna’s case she can easily pass the PMP test and find the projects necessary to achieve certification. I bet in her case the PROS outweigh the CONS.

Marissa is at the beginning of her career. Project management will be an important part of her future career but she might need to wait.

I decided not to pursue re-certification. I say “I have been certified SPHR” which is the truth. It is not worth it to me to go through the hassle and expense of re-testing. I am proud that I achieved the SPHR level certification. Every year I do enough continuing education to satisfy the recertification requirements so I stay up to date in my profession. But I don’t feel it is necessary sit for a test or submit paperwork to argue with the certifying organization at this point in my career.

Consider many factors when deciding to go the alphabet soup route. Then make the decision that makes sense for you!!

Sometimes you just need to Start Over

February 16, 2016 By Marta Goertzen

The first impression is the most important. First impressions are heavily weighted on what you look like with a dash of energy thrown in. Give the wrong impression and you are out. No question about it.

First impressions apply to consultants and coaches too. How will someone trust me to give professional advice if I don’t give a first impression of confidence and competence? I have to look the part to get the gig. Just like a job seeker!

Recently I started a new adventure offering videotaped insights through NEOBizTV targeted to the business community. This is a great opportunity to share my message about the hiring process with more businesses. I was excited to get started!

I arrived at the studio with my comments all organized, several changes of clothes and a big smile. Everything went smooth… until I saw the final product plastered all over YouTube.

Who was this person? And who let her out on videotape in public looking like that! ACKKKKKKK!!!!

I’ve never been so mortified in my life. After calling to have the worst of the segments pulled from sheer embarrassment I sat down to think about what to do.

I want to look pulled together, attractive (because why not), well dressed and well organized so people could focus on my message. I want to make a great first impression.

Clearly I am missing something about the way I present myself. My first impression is lacking something important but I can’t put my finger on it (otherwise I would make a better impression!)

I need a makeover to get a better image. And I need it fast so I can be prepared for the next taping segment. This is war!

I googled “image consultants near me” and got access to a service called “Thumbtack”. I typed in the problem I was trying to solve and four consultants contacted me within 24 hours! Two weren’t right at all but two were very interesting. I selected the consultant who was closest to my age who worked in PR for much of her life. We met yesterday for a makeover.

Linda from Les Concierges put me at ease right away. She did her homework by looking at my website, pictures of me online and she viewed that awful video. She had a plan!

I brought my bag of clothes for her review. “This is awful, that won’t work, ugh”, she gently but clearly communicated. Piece after piece of my wardrobe fell away because, as I saw on the videotape, it just didn’t work. Turns out I need to wear jewel colors like bright blue, Kelly green, and red, not the beige and grey I’ve been wearing. Jewel colors brighten my face and hair and make me feel energetic. The real “me” shines through instead of being brought down by those dull colors.

We did a little shopping and I found bright tops and a cool jacket plus some pretty scarves. I now have two outfits I can mix and match for videotaping and for speaking engagements. I sent a picture to my daughter Marissa and she said, “You look hot! Buy that outfit immediately.” So I did!

Bottom line: We all have to make a good impression. We all want to look good because it makes us feel good. When we feel good we act more confident and make a better impression. Job seekers, consultants and anyone who wants to get ahead need to get a second opinion to make sure you are projecting your best impression.

Get a consultant, get a make-over or a second opinion. Look younger, more energetic and more in tune with today and you will get ahead faster! At least I hope so!! My career depends on it!