Employment Contracts and Your Business

It is common practice for employers to enter into agreements with their employees to commence an employer and employee relationship. Agreements are commonly put into writing by the employer incorporating terms, which both the employer and employee mutually agree with at the outset as a standard form or negotiated terms between the parties. Surprisingly there are many employers who enter into verbal agreements with employees and do not finalise the terms of employment into written form, or an employment contract.

Over time a business’ operations and employee’s responsibilities may change, however these changes fail to be incorporated into verbal or written contracts. This often leaves employers and employees exposed to uncertainty and potentially legal exposure.

Written employment contracts allow for the terms of employment to be clear and unambiguous to ensure both parties are aware and understand their responsibilities, duties and obligations under the agreement from the commencement of employment until it is either amended or terminated. These contracts are known as common law employment contracts.

Common law employment contracts are not “industrial instruments” unlike Australian Workplace Agreements (AWAs), Awards and Notional Agreements Preserving State Awards (NAPSAs).

A common law employment contract can operate simultaneously with an AWA, however employers need to bear in mind that common law contracts cannot undercut the terms of an industrial instrument.

If you use common law contracts in your business it is imperative that you ensure all the terms or any relevant industrial instrument are carefully observed.

A restraint of trade clause seeks to impose limitations or restrictions on an employees’ conduct after they leave employment. Restraints of trade clauses are intended to protect an employer’s legitimate business interests and goodwill. There will always be two competing interests, an employees’ freedom to earn a living against the need of an employer to protect its legitimate business interest.

Employers need to bear in mind that restraint of trade clauses will only be valid if they are reasonable under relevant Restraints of Trade Legislation in each state and territory. In New South Wales; what is reasonable under the Restraints of Trade Legislation 1976 (NSW) will depend on factors including:

The subject matter of the restraint.
The time and area of its operation.
The nature of the employer’s business and the industry in which the employer operates.
The relationship of the employee to the employer’s clients and customers.
The nature of the work performed by the employee.

A properly drafted restraint of trade clause in an employment contract for an employee is an effective tool to protect an employer’s legitimate interests and is capable of enforcement where it can be established that an employee deliberately copied customer lists or business records before leaving employment and did so with the intent to compete against their employer. An employee can be restrained from continuing to engage in conduct in breach of their obligations under an employment contract and damages may be awarded to the employer in particular circumstances.

Restraint clauses can be a useful means of protecting legitimate business interests however employers should consider that determining the correct scope and application of valid restraint clauses is often complex and difficult and legal advice should be sought.

Commercial Truck Financing – How is the System Structured?

First there are the captive finance companies. Think of them as the financing arms of all the major manufactures. They exist solely to provide financing to the public in an effort to sell their trucks. In the past they have been somewhat liberal in their underwriting criteria and like the mortgage industry perhaps too liberal. This relaxed underwriting of the past has caused serious defaults today. This has resulted in a subsequent tightening of credit. The end result is the selling of less trucks and trailers; customers have a harder time getting financing. Nonetheless, the captive financing company will always be part of the commercial truck financing game.

Second are the independent financing companies. They are not tied to the manufactures in any way. They exist to make a profit from financing commercial trucks and other equipment. They can be a welcome alternatives for several reasons. First they can be someone to turn to if a good credit customer is “tapped out” with the captives. This means they have already financed trucks with the captive financing companies and they don’t want to do anymore for the customer (at least for now). These “A” credit sources are competitive on rate with the captives and, using different independent sources, a customer can finance an unlimited number of trucks. Independents are great for other reasons too. Say a customer wants a TRAC lease with different parameters than what the captives are offering. They can search for an independent that can tailor a TRAC lease for that customer. This is invaluable for the more sophisticated customer that has tax structure as their main objective. Here’s another one, we have customers calling us all the time that may only work nine months out of the year. They need financing that can offer skip payments. This way the customer can make nine payments a year instead of twelve; taking three months off of making their payments. One last one that hits home with us, the customer with bad credit. A captive financing company generally works only with people with good credit. For the customer with bad credit, their choices are limited. Thanks to independent financing companies (like ours) that specialize in customer with bad credit; these customers can get the financing they need to start or grow their business. Think of independent financing companies as offering financing products that can accommodate almost any need.

The third financing arm for commercial truck financing is the in-house financing program. Usually offered by the smaller vendor, in-house financing offers benefits for both dealer and customer. By offering financing in-house the dealer is able to move more inventory than if he didn’t. This is important because a smaller dealer doesn’t always have a captive finance program. And with credit tightening up the independent financing companies are becoming less important. The dealer can act like an independent financing company by offering all the same products while keeping the benefits of earning interest on the trucks they sell. The bad side, of course, is they also suffer in the case of defaults where the customer stops making payments. The benefits to the customer is they have a one stop shop where they can finance a truck at the same place they are purchasing it from. Downside is they are limited to their inventory.

This information will help you become a more educated consumer. By know who the players are you can better approach how to finance that commercial vehicle. Good luck!

What It Takes to Succeed in the Legal Career

Legal careers and legal jobs are becoming one of the most dynamic and rewarding career choice; as our legal system has become an integral part of our daily lives. Either minor or major, we need legal expertise and guidance for every right that we possess.

We live in an information age, where people are aware of their fundamental rights and duties, so lawyers and other legal professionals must know how to have success for a client. A meaningful law career that solves client’s needs, leads not only to career satisfaction and a sense of achievement; but, it also can result in a high income earning potential.

More and more bright young aspirants are considering law as their prime career choice to become as successful as the lawyers and professionals they idolize. But not all who begin with high hopes succeed. So, what could be the most important qualities to obtain success in a legal career and the legal profession?

In his book, The Science of Getting Rich, Wallace Wattles notes that those who “thinks in a certain way” will succeed pure and simple. Hence, let’s take a look at the things that successful legal professionals embrace. If you do these things in that same way that the successful legal practitioner does, you will, in fact, succeed. Here, then, are a few ingredients that will lead to success in any legal job:

Communication: A legal professional is bound to have exemplary communication skills. Communication skills cover your written, oral and listening skills. In the legal profession one has to interview suspects, witnesses, clients and all sorts of people in order to extract any and all information associated to their case; not only that but he also needs to analyze that information on various fronts to verify the veracity of the information received. Therefore, working and improving upon your communication and listening skills is essential to your success in a legal career. Any seminars, books or training devoted to increasing your communication abilities will inevitably lead to success.

Empathic and Rational: Being empathic in the legal profession means the capacity to understand and know emotionally what a client has experienced and the ability to put oneself in clients’ shoes. Note I did not say to be sympathetic. Sympathetic means you feel sorry for your client. Empathy involves the quality of appreciating your client’s situation. At the same time a legal professional should have a rational mind and clear thinking, because as my mother used to say “rule your life with reason.”

Out of the Box thinking: Legal professionals must have the ability to find what is hidden and present the best choices for their clients. Typically, clients are in conflict with an adversary. The creative legal professional can break deadlocks through creative solutions that lead to mutually beneficial solutions

Specialized Knowledge: One needs to have expert knowledge in their area to work in any profession, but in this is especially so in the legal profession. The top legal professional must not only master the legal knowledge of the sector he represents but also he must gain the knowledge vital to the industry itself. As they say – “Hundred men with guns cannot steal as much as a lawyer with his words”, so to choose the right words and phrases one must be knowledgeable. For example, if you are a litigator that represents a company in the oil industry, then you must know every detail of the oil industry to prepare a strong and winning argument for the case; similarly for any client a legal professional must have a thorough knowledge of every detail associated to a client’s work.

Confidentiality: Legal ethics demand strict confidentially with your client. If you cannot observe this basic cannon, then you cannot find success in the legal profession. Maintaining confidentiality is the foremost task of a legal professional. Attorneys, paralegals, legal receptionists, all gain confidential information and it must be kept secret. Violating the attorney client privilege is tantamount to losing a client’s faith, which can be fatal in any legal position.

Commitment: There is a saying that “A Lawyer would do anything to win a case.” Commitment is required in any and every legal profession. Fighting a case for a client is like treating a patient; clients in the legal world have just one expectation of ‘success’ and to fulfill it, one must be committed to his work. Most of the famous and highly reputed people in legal careers forget about everything else, sometimes they overlook their personal commitments; it’s just 40% what they work at officially and 60% of the unofficial work that makes the difference. Success in the legal profession requires preparation-a lot of time in research and drawing up all the necessary documents. Perseverance is the key; one must be willing to work without any boundaries to time in a legal job.

Diplomatic: It is said rightly that “He is not a lawyer who can’t take two sides”. There are no friends or foes in legal profession; one must say the right words at the right place and the right time. Being diplomatic makes your overall personality favorable, even for those who disagree as to what you say or believe; also, it makes you a good negotiator, which is a routine task in any legal profession. You should be diplomatic if you are trying to find success in legal careers.

Persuasive: Whether a lawyer, attorney, paralegal or a legal assistant everyone in legal the profession should be persuasive. It requires a great amount of skill and practice to persuade a judge, jury or even client to your position. Every client expects their legal consultant to be aggressive, they do not pay you to sleep and be shy; you must learn to persuade to get success in legal careers.

Patience: You need to be patient in order to be successful in legal profession. If you don’t succeed at first, try again; you will not get your way the first time around. You will need to write letter after letter, draft motion after motion, in order to succeed for your clients. Practicing a legal job requires a lot of waiting. Waiting around courthouses for your case to be called. Waiting around for decisions on appeals to be handed down. It is said rightly that – “If you are a legal professional, either you will learn to wait or you will simply grow old before time.”

Last, but not the least, Love of argument: Legal professionals debate constantly; with courts, with adversaries, with companies and even with their own clients and associates. If you love to advance your position, not just occasionally or at work but day in and day out, and if you are difficult to beat in arguments; then you definitely have what it takes to excel in legal careers.

5 Expert Insider Steps to Begin Transforming Your Health & Body Today!

While yes, our team is born in a world of intense high athletic goals such as bodybuilding, it is not our goal to support people to become bodybuilders – FAR FROM IT!;-) So you can relax now!! But it IS our goal to share with you why the lessons from our experience of mastering human health & the body, & how developing a bodybuilder “mentality” for your own life can literally skyrocket you into a level of personal health you never thought possible, while showing you the shortcuts in how to get there! Sound good? Heck, it sounds GREAT to us, because we already know how it can CHANGE YOUR LIFE.

If you are serious about stepping into your greatness of feeling & looking great, take 3 minutes & glean our insight, because this is the single-most MISSING LINK that we see people repeatedly leaving out of their game plan to great health & why they continue to fail at achieving quality health for their lives.

When you have had an experience of taking your mental, emotional & physical self to the level that bodybuilding competition requires, as a coach for others it then allows you to see potential for your clients that they could never envision for themselves without you by their side AND TAKE THEM THERE, and that is the beauty of the gift that we REJOICE in offering others in order to achieve optimal health, energy, & joy for their lives. But to get there…to create a successful transformation of your health & body, you HAVE to begin INSIDE with our 5 MUST-HAVE Steps! Yes, that’s right – the focus begins in the MIND. Time & again we see this process work, and it’s our UNIQUE coaching psychology method that sets us apart, & why we are capable of producing jaw-dropping results with the level of motivational mentality we provide. You can have all the knowledge in the world, but if you fail to develop the DESIRE & MINDSET to IMPLEMENT it, you will never succeed.

Want the insider view to our winning approach to learn how to transform your own health & body? We’re here to offer you the scoop because it’s our desire to support you fully to achieve authentic, preventative health from the inside, out in your lifetime. So where do we begin? There is a prolific spiritual author named John Maxwell, maybe you’ve heard of him, maybe you haven’t – but he writes of numerous spiritual topics & speaks on how we create TRUE transformation for our lives. Below we adapt his words for our article today because it’s a brilliant synopsis of just why & how we work with clients to coach them through mastering their personal health, as there are so many levels to the process.

When we discuss transformation of the physical body, to be successful we cannot deny that mind, body & spirit are woven tightly together in our being & therefore EACH needs to be considered – not just one. Often people when wanting to conquer health or healing goals immediately BEGIN at the physical, they think weight loss, nutrition, exercise…but that is their first step to failure because they’re joining the race before they’ve even laced their shoes!! When we fail to address mind & spirit in the health process we eventually lose the vision of why we’re addressing the physical in the first place & sadly fall off course when interest wanes, times get tough, or we lose our way because the how-to’s become unclear or appear out of reach. But if we start INSIDE & work OUTWARDS friends, GAME ON!!

Our 5 Expert Insider Steps to Transforming Your Health & Body

So these 5 KEY STEPS must be addressed in order to achieve a complete & SUCCESSFUL health & body transformation, and they must also be achieved in order as follows…

1. When you change your (health & body) thinking, you change your (health & body) beliefs.

If you think what you’ve been taught is healthy by the mainstream media is where your learning stops, then don’t expect to achieve great illness-free, authentic preventative health because they don’t teach proactive health approach, they teach reactive wait til you get sick & then act health approach. Begin to change your thinking to change your belief system about your body and health potential.

2. When you change your (health & body) beliefs, you change your (health & body) expectations.

Once you begin to expand your thinking, start to also seek out experts in areas of health & body who have shown & continue to show PROVEN ABILITY TO CREATE TRANSFORMATION RESULTS in their own health & body that you would like to emulate. Begin to sponge knowledge from them vs. what mainstream media claims leads to great health results, & you’ll in turn raise the bar on what you expect from your own health. You’ll see your new mentor/s are just ordinary people too like you, who decided to blaze their own health path about the quality of health they wanted to achieve for their life by taking the road less followed for their own health in life, and YOU CAN TOO – if you follow in their footprints.

3. When you change your (health & body) expectations, you change your (health & body) attitude.

Once your mind becomes opened by experts to your new health possibilities, you’ll have a renewed attitude & confidence about your abilities & empowerment around your personal health & begin to realize that anything you put your MIND to, your BODY can achieve -with the right tools in your toolbox. And THAT is exciting!

4. When you change your (health & body) attitude, you change your (health & body) behavior.

Now that you come to the table with a revitalized health attitude of possibilities & an arsenal from your health mentor, your entire being & behavior begins to shift because your mentor connects you with your own personal ability to achieve great results for your health, and as that continues to happen over and over, your self-efficacy GROWS & GROWS around your capabilities to manage your own personal health, as you transition into your own personal mini-health-expert!

5. When you change your (health & body) behavior, YOU CHANGE YOUR LIFE.

Now that you’ve achieved health & body mastery, you will begin to see an entire energetic, mental & emotional shift in your life that FAR EXCEEDS the physical. Yes, you will look & feel great, but the ways optimal health radiate outwards to all facets of your life will be astounding, as you attain a personal joy in life through health that you’ve never experienced before. No pills, no roller coaster of energy, no food cravings, no more blah approach to life, no more hiding from life within your own body,…you emerge a renewed person, ready to take on your full potential in this life.

This list is the perfect example of why health coaching with experienced experts not only WORKS, but offers you AMAZING, permanent results you could never envision or achieve on your own. With the support of your coaches seasoned & proven mentality of success in health & body transformation, you develop a similar mindset, outlook & body of knowledge in order to reach external goals of physical health & body success!

What to Count On From a Business Phone Service Provider

In a business, factors such as communicating with business partners, clients, customers and employees are very considerable. Telecommunications play a major role in the receiving and sending of information. Efficient air time and a good audio quality are also very crucial. AT&T, a leading and very well known telecommunications business phone service provider can help you achieve quality calls with your colleagues, business partners, clients and employees. Even if what you are looking for is merely to install an advanced business phone system, make new replacements or modify them with the modern business phone service features that AT&T has to offer, then you have made the perfect choice in choosing AT&T. And your main goal in improving your business is now more achievable than ever.

As the competition in business phone services rapidly increases, the options in choosing a better business phone service provider is also increasing. And since many providers grant almost the same features as the others do, the technology of such services is no doubt in par with the others as well. When selecting service providers for your business, always take into account that the cost of the service as well as the services you are planning to purchase is worth your money. Some service providers offer packages at low prices. But remember not all of them offer good quality for a low cost. So think carefully on the quality of the products offered because compared to the popular and large service providers, their offer could well just be around the basic level. Also, do not forget to call their hotlines and inquire about their products, since some questions are answered more accurately through customer support than the ones given in the manual that goes with the package. Most probably, the products of the well known service providers cost way higher than the not so sought after services, but rest assured that the satisfaction you are going to get from their service is priceless.

Fax messages, emails, and voice messages are some of the features included in the business phone service. Additional phone equipments and the accessories are sometimes provided by other telecommunications companies. Now if some of the equipments are not included or provided by your chosen business phone service provider, unlike what was assured then you might want to switch to your personal choice of provider. The billing process of some business phone service providers differ from one another. Some providers issue bills by every phone call made, while some offer a fixed billing rate per month, depending on the features and package that you purchased. Most providers also include call forwarding and call waiting options at a fixed price. Meaning, prices do not change.

With features like as good as the ability to make conference calls, your clients, business partners and employees will be able to communicate from anywhere in the world. This advantage is very beneficial as it can save you time and money. It is also cost effective since business trips to other areas of the country are certainly minimized. So again, choose only the kind of business phone service provider which product suits to your needs best.