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BE CHOOSY WHEN HIRING A CONTRACTOR FOR HOME REPAIRS, REMODELING

By Personal Perspective

When hiring a contractor to add value to your home investment, it makes dollars and sense to verify the contractor’s Workers Compensation coverage. Otherwise, you might be responsible for injuries incurred by the workers while they are remodeling or repairing your home.

With this in mind, take a look at some important insurance issues before you select a contractor. To start, verify that the contractor you want to hire carries Workers Compensation coverage. If a contractor does not have this coverage, workers who are injured while working on your home could sue you. You might also want to see a copy of the contractor’s Workers Compensation policy and ask the same of subcontractors such as electricians and plumbers. It is important to make sure all of the contractor’s employees are covered — full and part time. It is advisable to get insurance policy numbers and to take that extra minute to call and verify that the insurance is still in effect.

You can also check the contractor or remodeler’s credentials, including whether the contractor or remodeler is licensed and/or a member of an applicable trade group. Of course, you will want to compare costs and solicit bids from more than one contractor or remodeler. When doing so, get all bids in writing and make sure each bid includes building specifications (what is being worked on and to what extent), labor costs, material costs, and time needed to complete the project. This will protect you from unforeseen costs while further protecting you from future misunderstandings and project mishaps.

You can call Better Business Bureau (BBB) to quickly and easily verify local references. The local BBB office will also be a good source for letting you know if there have been complaints made against the contractor or remodeler.

Lastly, most contractors and remodelers will gladly show you work done at other nearby homes. Take them up on this offer and see for yourself their workmanship and check customer satisfaction. Talk to former clients and see what they think of the contractor’s ability to meet their needs while staying on schedule and within the projected budget.

SIMPLE TIPS TO BURGLAR-PROOF YOUR HOME

By Personal Perspective

If you wanted to, you could build a panic room for protection from robbers or kidnappers. But what about protecting your belongings when you’re not home? Perhaps you really don’t want to install an alarm system — or maybe you do. Either way, here are some no-cost and low-cost tricks to make your protection more complete, and help keep your belongings away from thieves.

Outside Areas
Begin with the landscaping, which is the first thing a burglar sees and the first thing he will assess. To make it harder for a burglar to hide and gain entry:

  • Prune lower limbs from any big trees.
  • Trim bushes so a man could not use one for cover.
  • Move any decorative trellises away from windows or porch roofs so they cannot be climbed for second-floor access.
  • Consider planting thorny bushes below first-floor windows, and be sure they are close enough to the house so that an adult could not wedge behind one to jimmy a window without getting scratched up.
  • Remove any trees or bushes beside exterior doors. They can hide a burglar from passing cars and they can also hide intruders from your sight when you answer the door.
  • Make sure all ladders and tools are secure inside the house, not inside a garden shed.
  • If your yard is dim at night, install the brightest, biggest lights you can afford for all entries to your house. Use them. Turn them on when you leave the house at night; set up motion detectors to turn them on when you are away.

Inside the Home
Windows generally provide easier access for criminals than doors. Here are some window tactics:

  • Buy special window locks at your hardware store for all first-floor windows and any second-floor windows accessible from a porch or garage roof. DO NOT hang the keys on clever little hooks or nails beside the window. Crooks know that one and will simply break a pane and reach around until they find the key. (But be sure the whole family knows where the keys are in case of emergency.)
  • Don’t demonstrate the easiest window to enter by climbing in it. If a family member regularly forgets his or her key, consider leaving keys with a trustworthy neighbor for emergency use. DON’T CLIMB IN THE WINDOW EVER. Even amateur burglars can figure that one out, especially if they’ve seen you do it and figure the neighbors won’t notice.
  • For sliding windows, use the same techniques as for sliding doors, below.
    Some burglars like to enter like a guest, through the door. Here are some ways to discourage that sort of burglar:
  • Make every entry door solid core wood or metal; hollow-core doors are easily kicked in. The door should fit the frame snugly, with no more than 1/8 inch between door and jamb. If the gap is larger, replace the door, or install a heavy-gauge metal strip available at the hardware store.
  • Replace doors with decorative glass windows or panels. If that’s too expensive, install break-resistant plastic panes, or install a decorative grille over the glass.
  • It’s unlikely, but if an entry door has hinges on the outside, rehang it with hinges inside. If that’s impossible, reinstall it with pinless hinges. Burglars can pop pins and take off the door to enter.
  • Make sure locks on all sliding glass doors are sturdy. Then use a solid stick of wood or broom handle in the track of the closed door.
  • Adjust door rollers so the door cannot be lifted out of its track.

A Few More Hints

  • Close your garage door when you’re away, whether or not it also leads into the house. An empty garage equals “no one’s home.” Cover garage windows completely with shades or curtains so no one will know if there’s a car in there or not.
  • Don’t leave notes on entries; if you were home, you wouldn’t leave a note. Not even for FedEx.
  • Don’t hide keys in the yard; burglars know all the usual places, even those cute little garden toads with hollow bellies.

REPLACEMENT COST VALUE OR ACTUAL CASH VALUE: WEIGHING THE OPTIONS

By Personal Perspective

Property insurance policies often give policyholder’s the option of insuring to replacement cost value (RCV) or actual cash value (ACV). Which option should you consider?

In short, the difference between ACV and RCV is depreciation, or wear and tear.

ACV says that the property that was lost has probably depreciated by some amount over time, and attempts to inject depreciation into the equation. For example, say the property destroyed was a sofa that would cost $500 to replace. However, the sofa was 10 years old and although it might have been in good shape for a 10-year-old sofa, it was not brand new. Some wear and tear inevitably occurred.

Under ACV, the insurance company determines that $25 of depreciation occurred each year since the purchase so that the old sofa was only worth $250 at the time of the loss. They would then pay you $250 minus any applicable deductible and you would in a sense be paying an increased deductible in the form of the $250 depreciation. More precisely, you would be paying the difference between the replacement cost, the amount the old sofa depreciated by, and any deductible. You would be “co-insuring” that amount. That’s ACV.

RCV is, simply put, the cost of replacement of the lost property with an identical or similar piece of property. In our sofa example, if it costs $500 to replace the sofa, the insurance company will pay you the $500 less any applicable deductible. Case closed. It does not matter the sofa was showing the effects of age and you couldn’t possibly get $500 for it.

The question of which option to take cuts to the heart of what insurance is all about — making the insured whole again. ACV sometimes falls short. RCV, on the other hand, can create a beneficial state for the insured in some cases.

For example, forgetting any sentimental value the original sofa may have, if it is old and worn, but the insurance covers RCV, obviously the insured will benefit by receiving funds for a brand new sofa to replace the old one.

A more dramatic example might involve the loss of an old house in a fire. The house might have only been worth $200,000, because the components of the house, i.e., roof, HVAC, etc., were approaching the end of their life expectancy. Obviously, replacing the house with one containing similar features might result in a higher property value due to the new features.

Some insurers require that, in order to obtain the full replacement cost of the property, repairs must first be completed. They might pay the ACV up front and hinge the remaining payment of the difference between RCV and ACV on the actual repair or replacement being completed. This prevents the insured from pocketing the money and gaining financially from the loss, but the result of replacement at RCV is still beneficial and therefore, seems worth the small additional cost of coverage.

There is at least one caveat regarding the benefits of RCV, however.

David Patterson, CEO of Medici Insurance Services notes:

“Given the irrational real estate market, replacement cost may in many cases be less than actual cash value. Although depreciation has theoretically occurred,” according to David, “the run up in home values in recent years may have created a situation wherein the actual cash value of the existing home may exceed the cost of replacing the home with one that has similar features and qualities. Thus the extra cost of purchasing RCV may be inappropriate.”

As always, consult with your agent to determine which option to go with.

FORM OF THE MONTH: DISCIPLINARY LEAVE NOTICE (PDF)

By Your Employee Matters

Disciplinary leave provides a powerful alternative to a knee-jerk termination. Leave can be given with or without pay depending on the circumstances. We encourage businesses not to dock the wages of exempt employees for short term leaves (less than one week). This form is especially effective while investigating wrongdoing or after confronting insubordination. Watch the arguments of retaliation that come with leave without pay if you’re using it while investigating a claim of discrimination, harassment, etc.

IT MAKES SENSE TO PROTECT TRADE SECRETS AND CONFIDENTIAL INFORMATION

By Your Employee Matters

In Navigant Consulting v. Wilkinson et al., the Fifth Circuit U.S. Court of Appeals affirmed a jury verdict requiring two employees to pay more $2 million to their former employer for breach of fiduciary duty, breach of contract regarding confidential information, and misappropriation of trade secrets. This case emphasizes the wisdom in taking precautions to protect trade secrets and confidential information.

Steps that employers can take to protect trade secrets and confidential information include:

  • Identify confidential information.
  • Identify classes of employees who should sign agreements not to disclose confidential information or trade secrets and develop a procedure for obtaining these agreements.
  • Set an exit procedure to remind employees of their obligations regarding protected information.
  • Maintain physical security over documents containing protected information.
  • Train managers on the need to protect and enforce confidential information and trade secret obligations.
  • Take action to enforce the company’s rights.

TAKE NOTE!

By Your Employee Matters

Employment Testing. The EEOC has issued a new fact sheet on the application of federal anti-discrimination laws to employment tests and selection procedures for workers and applicants.

The sheet describes commonly-used tests in the modern workplace, including cognitive tests, personality tests, medical examinations, credit checks, and criminal background checks.

It also sets forth “best practices” for employers when using employment tests and other screening procedures, including:

  • Determining the selection procedure with the least adverse impact on a protected group of employees.
  • Updating test specifications or selection procedures to conform to changes in job requirements.
  • Ensuring that managers understand the test procedure’s effectiveness and limitations, appropriate administration, and scoring.

Check out the fact sheet at the EEOC Web site.

WHAT’S GOING ON?

By Your Employee Matters

One of the greatest challenges with building workplace relationships is that there’s always something else going on — with me, with them, and in the environment.

In fact, there’s always more going on.

  • Maybe they’re in the middle of a difficult divorce, or just had a fight with a loved one.
  • Maybe their kid is sick and they’d rather be home.
  • Maybe they’re interviewing elsewhere and checked out of this job long ago.
  • Perhaps their self-esteem is so low they don’t know how to make a decision.
  • Or they might be so burnt out that they’ve gone numb and they don’t care about anything or anyone.

They might be so burnt out they’ve gone numb and they don’t care about making any decisions. They could be in a great deal of pain and they’re ready to hurl this at you with the slightest provocation. Maybe your expertise is intimidating so they are afraid to ask you questions.

The point is:

Remain open to the fact that something else is always going on. Being present with the person for even a few minutes will allow them to gradually let go of what’s on their mind — so they can in turn be present with you.

DOES DRUG TESTING WORK?

By Your Employee Matters

There’s been an ongoing debate on whether drug testing helps prevent drug use and workplace accidents. Today, the vast majority of employers engage in drug testing for new hires, “reasonable suspicion incidents,” and when required by the Department of Transportation. A study of the literature reveals these conclusions:

  1. Employees are highly resistant to giving urine samples without warning. Although many states still allow random drug testing, most do not. Bear in mind that federal statutes, such as those under Department of Transportation guidelines, require random drug testing.
  2. Employees tend to view companies that engage in random drug testing as being less employee-friendly. There’s a great deal of opposition to drug testing where it’s not limited to individuals performing dangerous or safety-sensitive work.
  3. Most employees view drug testing as justifiable only for current employees who seem to be under the influence or for job applicants. Employees find it distasteful to be subjected to post-accident testing in cases where the mishap clearly resulted from non-human error.
  4. There’s evidence that some high caliber job applicants refuse offers from organizations with offensive testing practices (this is the case even where the applicants don’t do drugs).
  5. Not only does drug testing elicit negative responses from most employees, there’s also a lack of definitive evidence that it helps to achieve organizational or productivity goals. In reality, many workers don’t do drugs on the job. Although proponents presume that testing will discourage drug use, the employees most deterred by the testing process are likely to be casual off-hour users who abstain from on-the-job use to avoid potential embarrassment and job loss. Since many addicts don’t have control over their drug intake, testing might not deter their substance abuse. As a result, it might be effective in pre-hire screening, but not in preventing current employees’ drug use in the workplace.
  6. Testing can only distinguish between somebody who has used, or been exposed to a drug, and someone who has not. It cannot tell when the drug was taken, how much was taken, how frequently it was taken, or the effect of the drug on the user.

Of course, employers want to know how they manage the two-thirds of people who do drugs that in fact have jobs. Perhaps the question should be: “What is it about the job that causes people to want to use drugs?” Is it too stressful? Too boring? Is there a culture of drug use? Does it emanate from the top? Or is the job simply so undesirable that it attracts the least desirable employee pool?”

The bottom line: It makes sense to do a post-offer, pre-hire employee physical that concludes with drug testing. Consider using Kroll.com. Limit post-hire drug testing to random testing required by the DOT or other government programs and “reasonable suspicion” testing, whether there was an accident or not. To learn more about drug testing, go to Wikipedia, NIDA (www.nida.nih.gov), and SAMHSA (www.workplace.samhsa.gov).

MAKE SURE YOUR TEMP AGENCY DOES ITS JOB

By Your Employee Matters

A recent California case, E-Fab Inc. v. Accountants, Inc. Serv. 153 Cal. App. 4th 1308 (2007) reinforces the importance of making sure any temporary agency does its job accurately and gives you proof of this.

When E-Fab needed a temporary accountant, it contacted Accountants, Inc. Services. They represented to E-Fab that the employee placed with the company had proper qualifications, credentials, and accomplishments.

Unfortunately, during the next seven years, that employee embezzled approximately $1 million from E-Fab. After discovering the embezzlement, the company contacted law enforcement and found that the employee had prior criminal convictions for theft and fraud and had been incarcerated and falsified academic credentials. The court allowed E-Fab’s lawsuit against Accountants, Inc. Services to continue, despite arguments that it was time-barred.

LESSON LEARNED:

Have the temp firm prove that they’ve done their homework. Make sure they obtain consent from any employee placed with you to provide their criminal background check, credit history, motor vehicle records, and credentials. Don’t take it for granted that the firm is doing their job.

Also pay close attention to any contractual language that mitigates or protects the temporary agency from not doing its job when placing a candidate.

NLRB LIMITS EMPLOYEE USE OF EMPLOYER E-MAIL SYSTEMS FOR UNION PURPOSES

By Your Employee Matters

On December 16, 2007, a 3-2 ruling by the National Labor Relations Board gave a major victory to employers by holding that an employer may prohibit employees from using its e-mail system for any “non-job-related solicitations,” including union-related communications. The NLRB decision provided long-awaited clarification to employers and employees on the use of e-mail, and delivered a setback to unions, who have seen e-mail as an open forum for employees to discuss their concerns. For Facts of the Case, The NLRB’s Ruling and Lessons Learned, click here.