Trials and Tribulations of Being in Business

Do you feel, at times, as though you are the subject of a conspiracy? Does it appear that you devote more time to taking care of the Government's Business than you do to your own? Does it seem that every year you have more regulations staring you in the eye than you had last year?

These feelings and observations are not new. I recall a breakfast conversation in 1965 in which a small business man was complaining about all the regulations and red tape he was fighting his way through in order to conduct business. These comments were made to myself and a building contractor and were very detailed as to the time it took away from his business. After several minutes the building contractor finally made a very astute comment which has stuck with me all these years. He said, "If It Was Easy Everyone Would Be doing It."

 The building contractor was referring to being in business and running a company built up by the individual and filling a need within the market place based on that person's skill, knowledge and experience. He was also referring to the unique qualifications it took as well as the courage required to venture into the business world and compete on a day to day basis.

 Yes, there are regulations that must be complied with. There are policies which must be devised by your company in order to protect against undue liability and financial loss due to negligence. Hiring practices, discrimination, insurance, withholding, overtime, quality control, deadlines, material acquisition, deliveries — and the list continues on and on.

 In reality, your ability to resolve these many issues put you in a very unique category. You are one of the very few in this business world of ours able to fill a place in the market based on supply and demand. Your ability provides jobs, goods and services required to "make our world go around." Your ability to handle the varied aspects of business puts you at the very top.

 Now that you are at the top — look back. How did you get there? Not by becoming expert in the hands-on aspect of each facet of the disciplines required to do business — but rather by identifying those who are expert and taking advantage of their services to you.

 Take a look at one of the basic aspects of staying on top in your field — PEOPLE. Yes, people — people who you hire to go out and make your services available to your customers on a day to day basis. PEOPLE who have names like Dave, John, Sue and Alice but are known to your customers by your company name. These PEOPLE represent you and your company. They are recognized as "walking your walk and talking your talk." Their actions are yours. Their failure is yours. Their success keeps you in business.

 But I am telling you things you know already. You know this because you are in business. You know that PEOPLE working on your behalf in the market place are your responsibility. The GLITCHES these PEOPLE of yours cause can result in a law suit, costly damages or bad reputation in your field. Can you prevent any of this from occurring? No, you cannot prevent some of the GLITCHES from ever occurring. You can be diligent and reduce your potential exposure and negate some of the oversight that leads to exaggerated losses at times.

 What does this mean — you ask? I am glad you asked because the answer falls within the parameters of my business — a business that I have devoted more than thirty (30) years developing. This business is known formally as T. Marshall Consultant, Inc. and we are investigative consultants. Our job is to work on your behalf when you have problems arise requiring investigative effort to resolve. We investigate Plaintiff allegations against you and/or your company regardless of the allegation (Insurance loss, accidents, Harassment or Discrimination to name some areas of client concern). All of these issues are topics for more detailed discussion at a later date.

Today I would like to make you aware of the ease by which you can lessen your liability. I am talking about Due Diligence as concerns hiring practices and job assignments of existing employees.

Today more than ever before you must know those who work for and with you. There day to day conduct is discoverable since you undoubtedly have performance keys which you monitor. What about an employee's background? Is there an issue in that background which may put you and your company at risk? Is there an issue which may embarrass your professional standing in your industry? Is there an issue which may cost you money due to liability as a result of not having exercised Due Diligence in your hiring practices? Have you complied with your industry standards, Federal and State Guidelines and good old common sense? The questions are numerous and the negative possibilities are many.

 Should you elect not to devote the time in research and time to resolve these questions, there is a means by which you can avoid or lessen many, if not most, of the negative consequences conjured up to make your company's success more difficult. I am talking about conducting adequate and meaningful Background investigations in a manner that demonstrates that you are serious about your reputation and your company's standing in your community.

 How is this accomplished? The short version is suggested as follows:

1.    Entry level background investigation to verify the identification, residency and possible criminal history of a new job applicant.

 2.    Mid-level supervisory background investigation before promoting an employee to a more responsible position. Even though this potential supervisor has been with you for several years, you may not be aware of problem areas over that time span.

 3.    Management position promotion or new hire in an upper management position should involve information obtained by means of an in depth background investigation including criminal and civil filings in county of current residence, prior county of residency, Judgment and Lien filings, Resume verification, educational verification and previous employer job position verification and, if feasible, inspection of previous employer's personnel file.

 The Short Version reflects a concept which works.