Chapter 12. When Your Best Just Isn’t Good Enough

What follows is a continuation of a series of articles comprising a book entitled “Passion, Power, and Panties–Confessions of a Businessman” wherein the author describes being raised as a Jehovah’s Witness, spending almost ten years at their headquarters in Brooklyn, NY and then entering the ”outside”  world at the age of 27.  For purposes of continuity, I encourage you to subscribe in the column to the right so as not to miss a post.  It is free and without obligation

One of the hardest things to accept about business, and maybe human behavior in general, is that most behavior doesn’t seem to be rational, but whimsical, irrational, and emotionally driven.  Decisions are based on emotion, and then the intellect is summoned to justify them.  Business could be gained and lost for some very arbitrary reasons.  My response to this was mostly terror.  On any given day I knew the wrath of the gods could descend on my head for reasons far beyond my control.  Since all of my contracts were on a month-to-month basis, I understood that on any given day I was only 30 days from bankruptcy court, if enough of my clients were to cancel my contracts at the same time.  No business was guaranteed, even if you were doing an excellent job, and the specter of economic death hung over your head all the time.  It was imperative to build relationships inside the client’s organization on at least three different levels.  Whenever possible I would build a relationship with the CEO of the corporation, my manager would build a rapport with his peer in the client’s organization, and we would try to match up our cleaners with the personalities of key people on each floor.  Generally speaking, it took all of us as a team to keep a tight grip on business.  Everyone was important, and I always told our people to avoid stepping on hands when climbing up the ladder, because those same hands could expedite the way down (or out the door!)  A disgruntled secretary in a client’s building could make our work life miserable.

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Chapter 11. “How Much Justice Can You Afford Today?”

What follows is a continuation of a series of articles comprising a book entitled “Passion, Power, and Panties–Confessions of a Businessman” wherein the author describes being raised as a Jehovah’s Witness, spending almost ten years at their headquarters in Brooklyn, NY and then entering the ”outside”  world at the age of 27.  For purposes of continuity, I encourage you to subscribe in the column to the right so as not to miss a post.  It is free and without obligation.

Some of my most painful business lessons came from the legal system.  I was unaware that a large group of under-employed attorneys had invented a brand new field of litigation that came to be known as contract employment versus employment-at-will.  The theory apparently went something like this:  if an employer said something to an employee that could even vaguely be construed as an assurance of continued employment, it could be considered a binding verbal contract.  Let’s say, one day during a discussion with an employee that you, as the employer say something intended to show appreciation and encouragement for recent good work on their part such as “Keep up the good work.  You have a real future here”, and then let’s say that a few months later their attitude changes and their work goes south and you end up terminating their employment; they could now sue you for termination without just cause, because implied in your encouraging verbal statement months before was a guarantee of some sort of continued employement.  From that point on, in the eyes of the law, you could only discharge an employee for “just cause”.  Well , how hard can that be?  Who would want to terminate someone for an unjust cause?  The problem is, “for just cause” in the eyes of whom?  Of course it was appropriate in your mind to discharge them; you were probably fed up with their behavior, or taking a lot of grief from them and spending 80% of your time trying to correct them and taking heat from both your boss and the customer to get the situation fixed.  But the problem is, their discharge is never  for “just cause” in their own eyes.  When was the last time you heard someone say, ‘I got fired today, and by God, I deserved it.’  So now, under this concept of implied employment contract, this discharged employee can challenge his discharge in court, and you are obliged to defend your decision to let him go.  To a jury.  What if you get a jury that buys into the Hollywood stereotype that businessmen are greedy and corrupt and out to get the little guy?  You may successfully defend yourself, but it’s going to cost you money, probably a lot of it, and the plaintiff’s attorney knows that.  So he launches a paper battle that runs up the bill for the defense.  At some point the insurance company will capitulate and pay off, just to contain their spiraling legal costs.

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