Risk Control and Business/Legal Consulting
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The defense is a great offense. Knowing what problems may arise and how to avoid them is sometimes the whole war being won.
Know who to hire and why.
Pre Employment
Know what employment problems can arise
(Winslow Profiles)
Training classes on Sexual Harassment and Violence in the Workplace)
Any other areas where you need to know can be summed up in two words – Due Diligence
What is Due Diligence?
Due diligence is used to investigate and evaluate a business opportunity. This can be from the process of hiring an employee, to the point of making a business acquisition or anyone in the process or offering or accepting venture capital. The term due diligence describes a general duty to exercise care in any transaction. As such, it spans investigation into all relevant aspects of the past, present, and predictable future of the business of a target company or the person you are interested in making an offer to. Due diligence sounds impressive but ultimately it translates into basic commonsense success factors such as "thinking things through" and "doing your homework".
What does Due Diligence Involve?
Due diligence involves a detailed research into a company and its plans. It involves :
The business's identity -
The business's financial health
The credibility of the business's owners, directors and senior managers –
he future potential of the business-
An assessment of the risk involved in your business –
Your company's business plan, in terms of how realistic it is, how solid are the assumptions used and how well it conveys your business's potential.
Due Diligence of an individual includes much of the same thing:
An Individuals’ Identity - Verifying the person is who they say they are. A background includes confirming basic identifying information such as name and SS#.
An individual’s financial health, can include litigation records, UCC filings, liens and bankruptcies and credit history.
An individual’s credibility – Criminal records, verification of past employment and business relationships, education and activities in the community help establish if this person is the right choice for the position you are considering them for.
An assessment of the risk involved in your business based upon an individual, can be further analyzed by doing just that, assessing the individual with an in depth assessment profile.
Reasons for Due Diligence: To prevent any unnecessary surprises while conducting business!
1. Business relationships with new clients or investors. (By both parties)
2. Past land usage of real estate acquisitions – (Pollution tort cases)
3. Public information about your competitors.
4. Use of patented processes/equipment.
5. Trade mark verification or prevention of potential theft
6. Intellectual property theft/usage.
7. Pre-employment background checks
8. Product liability defense.
9. Collection processes
10. Civil/Criminal defense research for the benefit of company or officer. |
Non-Profit Consulting
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When does a non-profit need to worry about liability and exposures? The day it opens for business. A non-profit organization faces most of the same liability exposures as a for profit corporation while also having some unique issues of its own.
These liability exposures can be broken down into different categories. Two main issues are employment and liability exposures.
With employment, there is the exposure of hiring the wrong person. Wrong person can be defined as the wrong personality, a person who lacks the proper skills or someone who brings their own liability issues by having a criminal history. This includes paid staff and also volunteers that are often the backbone of a non-profit organization.
Many organizations are not aware that volunteers have the same rights to protection as do paid employees. As well, non-profits can be exposed by the actions and activities of volunteers.
EMPLOYEMNT ISSUES
Much of the liability from inefficient hiring practices can be prevented by performing pre-employment background checks on both volunteers and staff. The purpose of screening is to aid volunteer and non-profit organizations and agencies in determining whether prospective volunteers and staff have a pattern of criminal behavior that would make it unwise for them to be working with vulnerable populations.
Pre-employment background checks
- Helps protect non-profit organizations from negligence claims
- Helps ensure safety of vulnerable populations such as children and the elderly
- Helps protect non-profit organizations from negligence claims
Although the majority of surveyed nonprofit human service organizations conduct some screening, most agencies that serve vulnerable populations could benefit from more thorough and comprehensive volunteer screening practices.
The urgency of such questions has risen in recent years, as millions of volunteers (61 million in 2006)(1) donate billions of hours, sometimes serving in roles previously reserved for paid staff. Thorough security practices, play a critical role in protecting vulnerable clients from harm and nonprofit organizations from liability.
Organizations that do not screen volunteers reported a variety of reasons, including the cost of screening, questions about the usefulness of screening, and concerns about offending potential volunteers. Of those that do screen, nearly 50 percent had identified "inappropriate" volunteers through screening.
LIABILITY ISSUES
Liability exposure is the peril of not having the proper insurance policy and coverage to cover the people that work for the non-profit and also those that are served by the non-profit, along with the general public.
These categories are defined really by the insurance coverage that responds to them. The main liability exposures to non-profit organizations are as follows:
- General Liability Exposure
- Workers Compensation
- Professional Liability
- Employee Benefits Liability
- Auto Liability
- Directors Liability Exposure
Nonprofits are vulnerable because they are mission driven. Everyone is working based on the belief that the mission is important and everyone in the organization is passionately working for the cause. No matter how deeply you are engaged in your mission, how much you hate dealing with the money, or how short staffed you are, never ever entrust one person to handle all the matters.
ISGU can help you make safe, informed decisions about the people you work with, the companies you contract with and the policies and procedures needed to help you make these decisions. |
Cultural Diversity Training
Offering employees diversity understanding in a safe and productive atmosphere accomplishes the following:
- Increase in employee energy and enthusiasm
- Allows for effective management of conflict
- Accelerates collaborative efforts
- Maximizes the capacity of all staff to actively contribute to the bottom line success
- Creates a bonding between staff that is not reliant on commonalities but empathy and understanding.
Diversity Training Can Improve Your Bottom Line
Diversity training in the workplace can help make an organization more competitive and strong, thereby improving its financial growth. Diversity training stresses the idea of inclusiveness to supervisors, workers, suppliers, vendors, and clients.
Diversity training on the front end eliminates potential problems and unnecessary turnover. Firms need to reassess policies to ensure adequate job development opportunities for diverse employees. Successful companies will be those that include diversity in their core business practices. When adequate training is not provided, employee turnover can cost companies more in additional training and replacement practices that total combination of external and internal theft.
As part of the solution, ISGU offers specialized training that helps your staff understand, accept and relate to those who are dealing with mental illness in their lives. Mental illness crosses all lines, and is found in all cultures, races and socio-economic groups. Because of a lack of understanding and stigma, many talented, capable, loyal people are not allowed or are afraid to offer their talents to companies that could benefit greatly from their strengths and talents. Utilizing practical skills, a basic knowledge of mental illness and empathy building exercises, ISGU can assist any company in providing a safe workplace that builds upon the strengths of all individuals, thus reducing internal conflict and expands everyone’s awareness. The bottom line – an improved climate with less turnover gives you a greater profit!
Training also available:
Sexual Harassment
Personality Profiles – How to hire the right person for the right job
Pre Employment Policies Can Prevent Post Employment Suits
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