LPHR's StartUp Business Checklist Kit is packed full of helpful goodies for startup organizations. Find Top Agreements, Essential Details to Cover When Building Your Company Infrastructure + More! http://bit.ly/1uuokuL
LPHR's StartUp Business Checklist Kit is packed full of helpful goodies for startup organizations. Find Top Agreements, Essential Details to Cover When Building Your Company Infrastructure + More! http://bit.ly/1uuokuL
LPHR's StartUp Business Checklist Kit is packed full of helpful goodies for startup organizations. Find Top Agreements, Essential Details to Cover When Building Your Company Infrastructure + More! http://bit.ly/1uuokuL
LP|HR LPHR LPHR.CO 2014 LPHR LPHR.CO 2014 Basic Franchise Agreement Terms Personnel File Documents Drafting Joint Promotion Agreements Merchandising License Agreements Emergency Procedures Ergonomics Being an Excellent Employee Safety in the Workplace Start Ups Developing Service Standards CHECKLISTS LPHR LPHR.CO 2014 Workers Compensation Claims Home Based Worker Government Grants Manufacturer Analysis Partnership Agreements Routine Management Duties Sample Proposal Format for RFP Response Strategic Planning Vender / Supplier Files CHECKLISTS YES NO My annual report provides analysis and a sense of my companys direction for the next year, not just a recap of the past year. My annual report makes fnancial data immediately available and encapsulates it through charts and graphs. My annual reports narrative is future-oriented, and describes my philosophy and growth plans. My annual report is written in a way that appears to tell my companys story to the average shareholder. My annual report uses descriptive headings and sub-headings to communicate to readers who only skim the report, and to draw them into reading more thoroughly. My annual report contains a brief but thorough synopsis of my companys markets and lines of business. My annual reports operations review tells the story quickly and concisely, and describes how divisions fare in their respective markets. My annual report is attractively packaged, with an engaging cover pictures, captions, and other elements that catch an average shareholders attention. My annual report is written with its role as a marketing tool in mind, and would be useful to a shareholder recommending my companys stock to a friend or relative. QUESTIONNAIRE: HOW USER-FRIENDLY IS MY ANNUAL REPORT? Annual reports are an integral part of not only an annual shareholder meeting, but also your companys reputation. The annual report must accurately describe the fnancial condition of the company and its future direction. The following questionnaire will help you determine whether your annual report satisfes the interests of analysts and shareholders. The more Yes answers you gave, the more your annual report satisfes the reported interests of both analysts and shareholders. The more No answers you gave, the more you may wish to explore reformatting your annual report to fulfll its potential value to your company. CHECKLIST: SHAREHOLDERS AND INVESTORS ANNUAL REPORTS LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST CHECKLIST: BASIC FRANCHISE AGREEMENT TERMS LPHR | www.lphr.co PAGE 1 | 5 PROCEDURE | CHECKLIST One of the most popular way to start your own company is through a franchise; a business organization in which a well-known frm with a successful product or service -the franchisor -enters into a contractual relationship with another business -the franchisee -that operates under the franchisors name in exchange for a fee. Franchise agreements vary from franchise to franchise so it would be impossible to identify every term and issue that should be considered in all situations. The checklist should be used in conjunction with the franchise agreement -the document that will set out all the terms and conditions that will govern your ownership of the franchise -which will be drafted by the franchisor. In any event, you shouldnt sign it until youve discussed your options with your attorney. Issues relating to the franchise cost terms What is the initial franchise fee? Is any part or the entire initial fee refundable? Does it include an opening inventory of products and supplies? What are the payment terms: amount, time of payment, lump sum or installment, fnancing arrangements, etc.? Does the franchisor offer any fnancing, or offer help in fnding fnancing? Are there any deferred balances? If so, who fnances and at what interest rate? Does the contract clearly distinguish between total cost and initial fee, initial cash required, or initial costs, etc.? Are there periodic royalties? If so, how much are they and how are they determined? How and when are sales and royalties reported, and how are royalties paid? If royalty payments are in whole or part payment for services by the franchisor, what services will be provided? Are accounting/bookkeeping services included or available? Is a specifed amount ofworking capital required ofthe franchisee to cover operating costs until profts can be made? Must premises be purchased or rented, and are there further conditions on either ofthese (from franchisor, selected site, etc.)? How and by whom will the building be fnanced, if purchased? Does the franchisee have to make a down payment for construction and/or equipment? CHECKLIST: BASIC FRANCHISE AGREEMENT TERMS LPHR | www.lphr.co PAGE 2 | 5 PROCEDURE | CHECKLIST Issues relating to the franchise location terms Does the franchise apply to a specifc geographical area? If so, are the boundaries clearly defned? Who has the right to select the site? Will other franchisees be permitted to compete in the same area, now or later? Is the territory an exclusive one, and is it permanent or subject to reduction or modifcation under certain conditions? Does the franchisee have a frst refusal option as to any additional franchises in the original territory if it is not exclusive? Does the franchisee have a contractual right to the franchisors latest products or innovations? If so, at what cost? Will the franchisee have the right to use his own property and/or buildings? If not, will the franchisor sell or lease his property to the franchisee? Who is responsible for obtaining zoning variances, if required? Issues relating to the buildings, equipment and supplies terms Are plans and specifcations ofthe building determined by the franchisor? If so, does this control extend to selection of contractor and supervision of construction? Are there any restrictions on remodeling or redecorating? Must equipment or supplies be purchased from the franchisor or approved supplier, or is the franchisee free to make his own purchases? When the franchisee must buy from the franchisor, are sales considered on consignment? Or will they be fnanced and, if so, under what terms? Does the franchise agreement bind the franchisee to a minimum purchase quota? What controls are spelled out concerning facility appearance, equipment, fxture and furnishings, and maintenance or replacement ofthe same? Is there any limitation on expenditures involved in any of these? CHECKLIST: BASIC FRANCHISE AGREEMENT TERMS LPHR | www.lphr.co PAGE 3 | 5 PROCEDURE | CHECKLIST Does the franchisor have a group insurance plan? If not, what coverage will be required, at what limits and costs? Does the franchisor require that it be named as an insured party in the franchisee liability coverage? Issues relating to the operating practices terms Must the franchisee participate personally in conducting the business? If so, to what extent and under what specifc conditions? What degree of control does the franchisor have over franchise operations, particularly in maintaining franchise identity and product quality? What continuing management aid, training and assistance will be provided by the franchisor, and are these covered by the service or royalty fee? Will advertising be local or national and what will be the cost-sharing arrangement, if any, in either case? If local advertising is left to the franchisee, does the franchisor exercise any control over such campaigns or share any costs? Does the franchisor provide various promotional materials point-of-purchase, mail programs, etc. and at what cost? What are bookkeeping, accounting and reporting requirements, and who pays for what? Are sales or service quotas established? If so, what are the penalties for not meeting them? Are operating hours and days set forth in the franchise contract? Are there any limits as to what is or can be sold? Does the franchisor arrange for mass purchasing and is it mandatory for the franchisee to be a participant buyer? Who establishes hiring procedures initially and through the franchise term? Issues relating to termination and renewal terms Does the franchisor have absolute privilege of terminating the franchise agreement if certain conditions have not been met, either during the term or at the end? CHECKLIST: BASIC FRANCHISE AGREEMENT TERMS LPHR | www.lphr.co PAGE 4 | 5 PROCEDURE | CHECKLIST Does the franchise agreement spell out the terms under which the franchisor may repurchase the business? Does the franchisor have an option or duty to buy any or all of the franchisees equipment, furnishings, inventory, or other assets in the event the franchise is terminated for good cause, by either party? If the preceding situation occurs, how are purchase terms determined? Is there provision for independent appraisal? Is any weight given to good will or franchisee equity in the business? Does the original agreement include a clause that the repurchase price paid by the franchisor should not exceed the original franchise fee? If so, this eliminates any compensation for goodwill or equity. Under what conditions (illness, etc.) can the franchisee terminate the franchise? In such cases, do termination obligations differ? Is the franchisee restricted from engaging in a similar business after termination? If so, for how many years? If there is a lease, does it coincide with the franchise term? Does the contract provide suffcient time for amortization of capital payments? Has the franchisor, as required, provided for return of trademarks, trade names, and other identifcation symbols and for the removal of all signs bearing the franchisors name and trademarks? Other points to consider Can the franchisee sell the franchised business and assign the franchise agreement to the buyer? Is the franchise assignable to heirs, or may it be sold by the franchisees estate on death or disability? Does the lease permit assignment to any permitted assignee of the franchisee? How long has the franchisor conducted business in its industry, and how long has it granted franchises? How many franchises and company-owned outlets are claimed, and can they be verifed? If there is a trade name of a well-known person involved in the LPHR | www.lphr.co PAGE 5 | 5 PROCEDURE | CHECKLIST franchise, is he active, does he have any fnancial interest; does he receive compensation for work or solely for use of his name, etc.? Are all trademarks, trade names, or other marks fully identifable and distinct, and are they clear of any possible interference or cancellation owing to any pending litigation? What is the duration of any patent or copyright material to the franchise? If time is limited, does the franchisor intend to renew, and is this spelled out in the franchise agreement? Has the franchisor met all law requirements (registration, escrow or bonding requirements, etc.), if applicable? Are there laws governing franchisor/franchisee relationships, including contract provisions, fnancing arrangements and terminations? If so, does the contract meet all requirements? CHECKLIST: PERSONNEL FILE DOCUMENTS LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Some or all of the following documents should be maintained in an employees personnel fle. It is generally recommend that personnel fle, payroll! and other records be maintained for 3 years after employment. Other health and safety records should be maintained for 5 years. Resume Letters of Reference Employment Application Interview Record Pay Record Employment Agreements Employee Handbook Acknowledgment Harassment and Discrimination Policy Acknowledgment Employee Compliance Surveys Drug Testing Policy Acknowledgment and Results Police Check Policy Acknowledgment and Results Drivers Record Policy Acknowledgment and Results Confdentiality, Trade Secret and Non-Disclosure Agreements Performance Appraisals and Performance Agreements Transfer Notices, Layoffs and Recall Notices. Discipline Notices Absenteeism and Lateness Notices Termination Documents Exit Interviews Unemployment and Workers Compensation Documents Severance Agreements and Releases Medical Records (limited access) Injury Reports (limited access) Union Membership Records CHECKLIST: DRAFTING JOINT PROMOTION AGREEMENTS LPHR | www.lphr.co PAGE 1 | 3 PROCEDURE | CHECKLIST Identifcation of Parties Names Addresses Defnition of Property Defnition of Products Promotional License Grant Defnition of territory Creation of tie-in promotion Term of Agreement Extensions of term Tie-In Promotion Promotional product Compensation Promotional fee Audit Obligations of the Parties Minimum distribution Artwork creation Approval o f artwork Sale or distribution of promotional product Disposal of promotional product Advertising Cost of advertising Source of advertising Approval of advertising Marking requirements Publicity material CHECKLIST: DRAFTING JOINT PROMOTION AGREEMENTS LPHR | www.lphr.co PAGE 2 | 3 PROCEDURE | CHECKLIST Warranties and Obligations Ownership and Non-infringement Best efforts to commercialize Responsibility for manufacture, sale, and distribution Product introduction and frst shipment dates Quality Control and Samples Marking provisions of intellectual property laws Legal notices Quality standards Product approvals/types and frequency Preliminary artwork Final artwork Preproduction samples Production samples Periodically during production Inspection of facilities Notice Provision Intellectual Property Rights Obtaining intellectual property protection Acknowledgment of ownership Licensee estoppels Goodwill Secondary meaning acknowledgment Execution o f documents Termination Immediate right to terminate Product introduction dates Fails to continuously sell Fail to maintain insurance Bankruptcy or dissolution Unauthorized use of marks Timely payment of royalties Right to terminate portion of agreement Right to terminate on notice for breach CHECKLIST: DRAFTING JOINT PROMOTION AGREEMENTS LPHR | www.lphr.co PAGE 3 | 3 PROCEDURE | CHECKLIST Posttenmination Rights Inventory Sell-off period Cease selling Return of material Goodwill Infringements Party with initial right/secondary right Cooperation Responsibility for payment Responsibility for lead counsel Division of proceeds Indemnifcation Product liability Infringement D Insurance Product liability Advertisers Force Majeure Jurisdiction and Disputes Non-disclosure and Non-compete Binding on Successors Waiver Severability No Joint Venture
Assignability Integration Execution and Dating by Parties CHECKLIST |GUIDELINES: MERCHANDISING LICENSE AGREEMENTS LPHR | www.lphr.co PAGE 1 | 4 PROCEDURE | CHECKLIST Identifcation of Parties Names Addresses Defnition of Property Defnition of Licensed Products Fragmentation issues if exclusive License Grant Exclusive vs. non-exclusive Defnition of territory Reservation of rights Entertainment and merchandising rights Sublicensing Term ofAgreement Options to renew Effect ofcommercialization of property Compensation Royalty income Sublicensing income division Royalty period de fned Net sales defned Royalty statements Advance Guaranteed minimum royalty Guaranteed vs. non-guaranteed When sale occurs Sales to affliates Receipt will not prevent subsequent challenge Acceleration Survival oftermination Currency Interest CHECKLIST |GUIDELINES: MERCHANDISING LICENSE AGREEMENTS LPHR | www.lphr.co PAGE 2 | 4 PROCEDURE | CHECKLIST Audit Timing and notice Underpayment Record retention Representations and Warranties Ownership and non-infringement Necessary permissions Ability to contract No conficting agreements Best efforts to commercialize Promote and advertise Product introduction and frst shipment dates Quality Control and Samples Marking provisions of intellectual property laws Obligation to seek intellectual property protection Legal notices Quality standards Product approvals/types and frequency Preliminary artwork Final artwork Preproduction samples Production samples Periodically during production Right to terminate if quality falls Intellectual Property Rights Acknowledgment of ownership Licensee estoppels Goodwill Secondary meaning acknowledgment Execution of documents CHECKLIST |GUIDELINES: MERCHANDISING LICENSE AGREEMENTS LPHR | www.lphr.co PAGE 3 | 4 PROCEDURE | CHECKLIST Termination Immediate right to terminate Product introduction dates Fails to continuously sell Fail to maintain insurance Bankruptcy or dissolution Unauthorized use of marks Timely payment of royalties Right to terminate portion of agreement Right to terminate on notice for breach Post termination Rights Inventory Sell-off period Cease selling Return of material Infringements Party with initial right/secondary right Cooperation Responsibility for payment Responsibility for lead counsel Division of proceeds Goodwill Indemnifcation Product liability Infringement Insurance Product liability Advertisers Force Majeure Jurisdiction and Disputes CHECKLIST |GUIDELINES: MERCHANDISING LICENSE AGREEMENTS LPHR | www.lphr.co PAGE 4 | 4 PROCEDURE | CHECKLIST Notice Provision Non-disclosure and Non-compete Termination On notice in event of breach By agent Binding on Successors Waiver Independent Contractor Severability Assignability Integration Execution and Dating by Parties CHECKLIST: EMERGENCY PROCEDURES LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Emergency Instructions Follow these rules in an emergency: Stop work and leave the building IMMEDIATELY when the fre alarm sounds or when you are instructed to do so. Follow instructions, avoid panic, and cooperate with those repsonding to the emergency. Proceed to the designated or nearest exit. Turn off computers, equipment, fans, etc. and close desk drawers. Do NOT delay your exit from the building by looking for belongings or other people. When leaving the building, go to a clear area well away from the building. Do not obstruct fre hydrants or the responding fre/rescue workers and their equipment. Do not re-enter the building until instructed to do so by your supervisor or fre/ rescue worker. The above rules will be enforced. Period fre emergency drills may be conducted. Your life and the lives of others will depend on your cooperation. EMERGENCY PLAN: The company has a responsibiliy for minizing the danger to life, property and job security arising from the effects of fre, riots, civil commotion, and natural and man-made disasters. To accomplish this purpose, a Quick Reaction Team hasbeen developed to respond to emergencies. Their responsibilities include the following: Arrange for evactuation of employees Render frst aid Salvage and restore company operations If you ever discover a fre: Remain calm. Do not shout Fire! but instead pull the nearest fre alarm. Dial 911 on the telephone and give the operator the location of the fre, the foor, wing and room number, if possible. CHECKLIST: ERGONOMICS LPHR | www.lphr.co PAGE 1 | 2 PROCEDURE | CHECKLIST Ergonimics is the study of physical work and it has never been more important to buisiness owners and managers. As new technologies become available to help us do our jobs better, we hear reports that the same technologies can cause reptitive injuries or cumulative trauma. Employees who develop cumulative trauma or reptetive stress disorders may seek compensation from their employers who failed to heed early warning signs. Proactice attention to ergonimics when your employees are frst placed at new workstations could prevent serious workplace injuries down the line - which will prevent your company facing citations, fnes or litigation. The following checklist can help you make sure every employee who uses a desktop computer is comfortable and helathy. This checklist can be downloaded to your frms Intranet Site for your employees to use. NOTE: Swich wording to say employees should be able to answer yes - guide for employers not necessary for individual employees as a handout?? Can every employee answer yes to each of the following questions? It is easy for me to get in and out of my workstation. My chair adjusts so that my upper legs and lower legs form a right angle. My chair has armrests. The keyboard sits at my waist; my upper arms and lower arms form a right angle. My writs are not bent while typing. A wrist rest is available if I want one. I can tilt the keyboard. I can easily reach the mouse pad. The chair back supports my lower back. The chair back supports my upper back. My feet rest comfortably on the foor. A footrest is available if I want one. An adjustable document holder is available if I want one. I have a color monitor that is adjustable for contrast and brightness. My monitor sits at or below eye level and is not too close or too far from me. CHECKLIST: ERGONOMICS LPHR | www.lphr.co PAGE 2 | 2 PROCEDURE | CHECKLIST My monitor has a glare protection screen. There is plenty of light at my workstation. A desk lamp is available to me if I want one. My work surface easily accomodates the books and tools I use regularly. The telephone is near my chair and I do not have to reach to use it. A telephone headset is avaialble to me if I want one. I am comfortable with my workload I dont do the same task all day long. I take advantage of breaks and my lunch period to get up and move around. I have received training and cululative trauma. I know the telltale signs of repetitive stress and other workplace injuries. If my workstation became uncomfrtable, I would tell my supervisor. CHECKLIST: BEING AN EXCELLENT EMPLOYEE LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Understand that all relationships require trust, direction, communication and committment to be successful. Keep yourself healthy, focused and alert at all times. Dont be afraid to admid mistakes. It is better to admit that you made a mistake, realize why you made the mistake, and then make sure you dont do it again. Dont be afraid to say I dont know. It is better to confess ignorance and learn the right way of doing things than to pass on, or rely on, false information that may be damaging to you and the company. Dont talk behind someones back. If you decide to come to work for us, we expect your loyalty and best efforts. You should expect ours in return. If you dislike your supervisor or the company then let us know what is bothering you and we will try to work it out. Dont just punch the clock. If you run out of things to do during the workday, fnd out if there is anything else you can do to help bring value to the company, its clients, customers and other stakeholders. Find the value in the diversity of our employees and customers. Dress correctly. Wear clothes that will make other people feel comfortable and that refects your value to the company. Dont harass, discriminate, use profanity or tell off-color jokes. Be honest and trustworthy. Follow the Code of Ethics provided in the Employee Handbook. Think! Be creative and innovative. The company is willing to listen to any suggestions or ideas you have which would increase the quality and value of our products and serbices. Follow the Golden Rule! Act with respoect and responsbility towards those around you. CHECKLIST: SAFETY IN THE WORKPLACE LPHR | www.lphr.co PAGE 1 | 2 PROCEDURE | CHECKLIST This list contains important points to consider to offer your employees a safe work environment: Offer employees a share of insurance premium reductions which result from a reduced number of accidents. Match the applicant carefully to the job. Test their skills and physical abilities. Install alarm systems for thefy, entry and fre purposes. Make sure that all threats of violence are reported and investigated immediately. Maintain a frst aid cabinet, post frst aid infromation, including fre, policy, ambulance numbers and a poster on how to perform mouth-to-mouth resuscitation. Comply with all Federal and State/Province requirements. Comply with all hazardous materials reporting requirements, including idenfcation of hazardous substances. Clearly mark and keep clear all your exists, aisles,and passages. Procide stairs with slip resistant surgaces, handrails and proper lighting. Make sure your equipment contains safety guards, electrical grounding, readily available and easily idenftifable power shut off switches and emergency stop buttons. When appropriate, provide your employees with, and require them to wear, protectve clothing including: safety glasses, gloves, hard hats, steel toed boots, headphones, hearing prtective equipment, writst braces, back support belts and the like. Do not allow productivtty pressures to compromise safety. Make sure the furniture and equipment you use at the work is ergonomically designed. This includes chairs, computer keyboards, computer screens, as well as other equipment involving repetitive physical use. Address indoor pollution problems through proper ventilation and inspection. Regularly inspect your equipement for functionality and safety purposes. Have a safety offcier, a safety plan, and conduct safety meetings. Make sure to send ill employees home before allowing them to work around dangerous machinery. Make sure you communicate emergency response plans for fre, earthquakes, hurricanes, fooding, etc. CHECKLIST: SAFETY IN THE WORKPLACE LPHR | www.lphr.co PAGE 2 | 2 PROCEDURE | CHECKLIST Drug testing new employees and after accidents. Clearly set forth smoking prohibitions and participate in anti-smoking campaigns. Do a criminal reference chcek for employees in positions of responsibility for elders, infants and others who are dependent on their care. Do pre-hire and annual Department of Motor Vehicle Checks for all employees who drive as part of their job. CHECKLIST: START UP LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Background work Analyze your business idea by doing a SWOT analysis Assess your strengths and weaknesses as an entrepreneur Establish business and personal goals Assess your fnancial resources and identify potential sources of funds Identify the fnancial risks Determine the start-up costs Decide on your business location Do a thorough market research Identify your customers Identify your competitors Develop a marketing plan Business transactions Select a lawyer and an accountant Choose a form of organization (proprietorship, partnership, or corporation, for example) Create your business (register your companys name, incorporate the business, etc.) Prepare a business plan Select a banker and set up a business checking account Apply for business loans and grants (if applicable) Establish a line of credit (if possible) Select an insurance agent and obtain business insurance First steps Prepare corporate brochures Build a website Set-up corporate email accounts Get business cards Obtain a lease Line up suppliers (if applicable) Get furniture and equipment Obtain business licenses or permits (if applicable) Get a federal employer identifcation number (if applicable) Get an employer ID number (if applicable) Send incorporation papers for federal and state/province tax forms Join a professional organization Choose a starting date Prepare and deploy your communication/marketing strategy Here is a checklist for you to follow when developing or evaluating your own service standards: Are they stated clearly and completely in writing? (When you state your standards in writing, it shows you are serious about their implementation.) Do you have a method to keep the service standards constantly in front of the employees whose job it is to deliver those standards? (This is a good place to have lots of posters, signs, and coffee mugs and buttons to remind everyone of the standards, especially at moment of customer contact.) Are they observable and measurable? (Only what you can see, hear or measure can be stated as behavioral standards.) Are they able to be attained by the majority of the employees? (Impossible goals will just decrease morale.) Were they developed by a team of employees, management and customers? (If you do not include the front -line employees, you run the risk of not getting buy in from them because goals are unrealistic. It is also a good idea to include customers so that you can be sure the standards satisfy your customers expectations.) Do they come as close to perfect as is possible in your environment? Do they have the unequivocal support of top management and contribute to your organizations goals and mission statement? Do you have a feedback system to help judge when a standard is found to be unrealistic or unworkable? (In cases like this, the standard should be changed and all employees notifed of the change. Again, it is best to take a team-decision approach when adding to or changing the standards.) Do you have some kind of disciplinary action for when the standards are not met? (You need to let employees know that meeting and exceeding these standards is an important part oftheir job.) CHECKLIST | GUIDELINES FOR DEVELOPING SERVICE STANDARDS LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST CHECKLIST: WORKERS COMPENSATION CLAIMS LPHR | www.lphr.co PAGE 1 | 7 PROCEDURE | CHECKLIST The initial period is critical in handling workers compensation claims. So you must be sure to: Immediately Administer frst aid Accompany injured worker to a selected medical provider Report incident within company Notify family Assign responsible person to follow claim First Day Report to claim handler outside company (insurance company or third-party administrator) Determine, on a preliminary basis, whether the injury is covered by workers compensation Counsel employee and/or family on claims procedures, available benefts, companys continuing interest in employees welfare, etc. Follow up with the employee or family First Week Coordinate payment of initial benefts Talk to treating physician to learn diagnosis and treatment plan Evaluate whether medical rehabilitation is necessary or appropriate Develop return-to-work plan Contact the injured employee and/or the family and forward mail First Month Use a wellness approach (cards, phone calls, visits) to continue to reinforce companys concern Consider medical examination by independent physician, if warranted Reevaluate treatment plan based on new medical information Update return-to-work plan and contact the injured employee and/orthe family Ongoing Continually reevaluate treatment plan Refer for pain management evaluation of chronic pain, if appropriate Maintain contact with the injured employee and/or the family CHECKLIST: COLLECTING INFORMATION FOR A CLAIM LPHR | www.lphr.co PAGE 2 | 7 PROCEDURE | CHECKLIST Whether its the businesses owner, or someone assigned by the business owner to keep track of the claim, heres some advice for the types of information the person overseeing the claim should be gathering: About the employee Name, nicknames, maiden name, previous names Address-current and previous (length oftime living at both addresses) Phone number, pager number, cellular number Social security and drivers license numbers Sex Date of birth Marital status Dependents and immediate family contact Non-relative contact Date of hire (state hired, if applicable) Job classifcation, if applicable (insurance class or company classifcation) Vehicle (type, year, license number) Interests-hobbies Lenqth of time as a state resident About the injury Time and date of injury Date of death (if applicable) State of injury Nature of injury (sprain, fracture, etc.) Body part(s) affected; any previous injury to the affected body part(s) Source of injury (machines, hand tools, buildings, etc.) Type of injury (fall, struck by object orvehicle, overexertion, repetitive motion trauma) Witnesses Work process involved (lifting, carrying, etc.) To whom was the injury reported Who flled out the frst report of injury report Plant or location Job CHECKLIST: WORKERS COMPENSATION CLAIMS LPHR | www.lphr.co PAGE 3 | 7 PROCEDURE | CHECKLIST Time and date the injury was reported Shift, if applicable About the claim Date employer frst notifed Who was notifed, by whom? Date employerwas notifed ofworkers compensation claim Date insurance company or service company notifed Date state agency notifed State case number Average weekly wage Beneft rate Health care providers and costs Other benefts lost (Did the employer stop paying vacation, health benefts, etc.?) Other benefts received Date disability started Date of frst payment Projected return-to-work date Date case closed Date of maximum medical improvement Impairment rating Lost days Total benefts paid Vocational rehabilitation activity Subrogation (Is some third party responsible?) Second injury fund potential Oral statement from injured worker Conduct the interview in a non-adversarial setting Demonstrate concern and empathy Allow the worker to talk Do not rush the worker Reenact the accident Check for photos and/or video of the accident CHECKLIST: WORKERS COMPENSATION CLAIMS LPHR | www.lphr.co PAGE 4 | 7 PROCEDURE | CHECKLIST Written statement from injured worker Note the location where the statement is taken Let the employee write the statement, if possible Statement is taken ASAP after the injury Describe the worker pre-injury and post injury actions Request that the worker and any witnesses sign the statement Make sure the employee initials any changes Give copy of statement to employee List the date and time of the statement Oral statement from witness(es) Note witness location at the time of injury Record witness relationship to the injured worker Interview witnesses individually Do not rush the witness Make sure the statement is unrehearsed Written statement from witness(es) Make sure the witness writes the statement in ink Record the stated ASAP after the injury Make sure the witness records his/her actions before, during and after the time of injury Request that the witness sign the statement and initial any changes Record the date and time of the statement Give a copy ofthe statement to the witness If litigation occurs Defense attorney, law frm Claimant attorney, law frm Identify judge Costs of litigation (spending more than paying?) History of dispute Settlement CHECKLIST: WORKERS COMPENSATION FRAUD LPHR | www.lphr.co PAGE 5 | 7 PROCEDURE | CHECKLIST You may not discriminate against a worker who has fled previous workers compensation claims. However, when you have several of the following suspect behaviors present or you observe an emerging pattern, dont be afraid to investigate further for possible fraud or to forward your suspicions to the appropriate authority. About the worker The injured worker has an unstable work history; i.e., an employee who often changes jobs The claimant has a history of reporting subjective injuries which may include workers compensation or liability claims The claimant is consistently uncooperative The injured worker has been recently terminated, demoted, or passed over for a promotion The injured worker is in line for early retirement The injured worker is making excessive demands The injured worker calls soon after the injury and presses for a quick settlement of the case The injured worker moves out of state soon after the injury The injured worker changes his address to a post offce box or receives mail via friend or relative About the workplace The injured workers workplace is experiencing labor diffculties The accident occurs just prior to job termination, layoff, after formal discipline of the employee, or near the end of the employees probationary period About the workplace The injured workers workplace is experiencing labor diffculties The accident occurs just prior to job termination, layoff, after formal discipline ofthe employee, or near the end of the employees probationary period About the injury The injured worker was not injured in the presence ofwitnesses CHECKLIST: WORKERS COMPENSATION CLAIMS LPHR | www.lphr.co PAGE 6 | 7 PROCEDURE | CHECKLIST The injury is a subjective one, like stress, emotional trauma, or is hard to prove, like back pain, headache, insomnia, etc. The accident is not promptly reported by the employee to the employer The employers frst notice of the injury is from an attorney or a medical clinic, and not from the injured worker Physicians who have examined the injured worker have vastly differing opinions regarding the injured workers disability There is no sound medical basis for the disability; all physicians reports indicate a full recovery The injured worker is claiming disability exceeding that which is normally consistent with such an injury The accident occurs late Friday afternoon or shortly after the employee reported on Monday The claimant has the accident at an odd time, such as at lunch hour The accident occurs in an area where the injured employee would not normally be The task that caused the accident is not the type that the employee should be involved in; i.e., an offce worker who is lifting heavy objects on a loading dock The details ofthe accident are vague or contradictory About the medical relationship The claimant frequently changes physicians or medical providers The claimant changes physicians when a release for work has been issued A review of medical reports provides information that is inconsistent with the appearance or behavior of an injured person; i.e., a rehabilitation report describes the claimant as being muscular, with callused hands and grease under the fngernails The employers frst report of injury contrasts with the description of the accident set forth in the medical history The injured worker develops a pattern of missing physicians appointments About the claim itself or the claimants attorney The injured workers attorney requests that all checks and correspondence be sent to the attorneys offce LPHR | www.lphr.co PAGE 7 | 7 PROCEDURE | CHECKLIST The claimants attorney is known for handling suspicious claims The attorney lien or representation letter is dated the day of the reported accident The same doctor/lawyer combination previously known to handle the same kind of injury is handling this claim The claimant is unusually familiar with workers compensation claims procedures and laws The claimant initially wants to settle with the insurer but later retains an attorney and fles increasingly subjective complaints The claimants attorney threatens further legal action unless a quick settlement is made There is a high number of applications from a specifc frm The claimants attorney inquires about a settlement or buyout early in the life of the claim The claimant writes unsolicited statements about how much better he/she is, but treatment continues and the claimant doesnt return to work About outside activities There are tips from flow employees, friends, or relatives suggesting that the injured worker is either working or is active in sports The injured workers rehabilitation report shows evidence of other activity The injured worker is in a trade that would make it possible to otherwise work while collecting compensation The injured worker is exaggerating an injury in order to get time offto work on personal interests; i.e., the injured worker is remodeling or building a home concurrently with the injury The injured worker is in a seasonal business that would make it attractive to be injured during the off-season; i.e., occupations in felds such as roofng, landscaping, plumbing, farming, masonry. etc. The injured worker leaves different daytime and evening telephone numbers The injured worker is never home when called or is always sleeping and cant be disturbed (especially during work hours) Return calls to the claimants residence have strange or unexpected background noises that indicate it may not be a residence The claimant has several other family members also receiving workers compensation benefts or other social insurance benefts, such as unemployment CHECKLIST: HOME BASED WORKER LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST The advent of computers, network software, electronic mail, modems and faxes has boosted the popularity of telecommuting or home based working and remote work- sites. In addition to the principles and strategies suggestedelsewhere in this program, when employing home based or off-site workers you should: Test the workers technical skills,including ability to use a computer. Train in the use of network software and electronic mail. Give detailed assignments, hours of work and time for completion. Have workers keep their time separatelyfor each assignment. Use performance agreements and benchmarking standards. Make sure workers have a separate work area and a way to manage young children or elders in need of care. Have them come into the offce at least once every otherweek. Have them sign all agreements and handbooks normally signed by regular employees. Make sure they have automobile insurance and homeowners or rental property insurance. Make sure your insurance policies cover these workers. Spot-checkemployee availabilty. Make sure all home equipment and furniture is ergonomicallydesigned and in compliance with OSHA standards. Investigate all accidents immeclately and completely. Involve your union in any home basedworker programs. If independent contractors,make sure theyhave a business license and sign an independent contractors agreement. CHECKLIST: HOW TO APPLY FOR GOVERNMENT GRANTS LPHR | www.lphr.co PAGE 1 | 2 PROCEDURE | CHECKLIST When applying for government grants there are a few simple things to remember so the proposal isnt rejected. Make sure they arent late, make sure they are on the appropriate forms, and make sure that they comply with the stated guidelines. To ensure your proposal gets full consideration: Make sure the projects ft the guidelines and intent. Specify categories of costs to refect the areas that funding can cover. In some cases, only actual costs are allowed. Keep accurate records of expenditures and receipts. 0 Submit the required number of application copies. Submit the application on time. Consider payment procedures, schedules, and partial payment schedules. Evaluation reports are often essential to fnal funding. Check on copyrights and credits. Make sure you know if the funding organization requires credit. Check where copyright of materials is necessary and whose responsibility it is to get it. Not the decision date, so you can follow up if necessary. If you are rejected, try other funding sources. There are seven steps when preparing a funding proposal: 1. Identify your organization Name How many people belong When it was established Where it is located Purpose 2. Explain how your organization operates. Is it a registered charity? What is its number? Is it incorporated? What is its number? Who is eligible for membership? What is the procedure for becoming a member? Is the organization democratically run? Are elections held annually? What groups are affliated with your organization? 3. Describe how responsibilities are distributed within the organization. List the names and titles ofthe executive. Provide the name, title, address and telephone number of the person to whom CHECKLIST: HOW TO APPLY FOR GOVERNMENT GRANTS LPHR | www.lphr.co PAGE 2 | 2 PROCEDURE | CHECKLIST correspondence should be directed. Name the people who will take on the major responsibilities of the project and describe their responsibilities. 4. Describe what your project will do. Outline the project, how it meets a demonstrated need and what it hopes to accomplish. Explain your objectives in concrete rather than general terms. Explain the methods for evaluating the projects progress. State the objectives in such a way so observers can see what you have accomplished what you set out to do. Defne the scope: local community, provincials or national. 5. Explain why your project will succeed. Explain how your project is different. How does the project avoid duplicating similar projects or programs run by other organizations? Give the qualifcations and experience of key people involved with the project to provide reasonable assurance your organization is capable of undertaking the project. Name projects you have completed in the past, and indicate why they were successful. 6. Describe what additional resources you will require. Name people outside of the organization who will act as references. List other individuals or organizations supporting this or similar projects. Name other whose support has been requested. State any previous contact with the funding bodies being approached, including previous fnancial assistance. 7. Provide a budget. Provide a detailed operating budget for the project showing how the money will be spent and the amount coming form all sources. Include the organizations latest audited fnancial statement. Explain any defcits in your organizations budget. List the specifc sources offunding to cover the defcits. Explain where you will get funding if your project continues beyond the proposed grant period. CHECKLIST: MANUFACTURER ANALYSIS LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST When planning the layout of your manufacturing site, you must be able to move raw material into the plant and route it through the manufacturing process as effciently as possible. Keep these questions in mind: Is your receiving area easily accessible to large trucks? Is there enough equipment in the receiving area to unload incoming shipments effciently? Do you have enough space to adequately warehouse your inventory of raw materials? Are your raw materials properly labeled in the warehouse area for easy retrieval? Is your warehouse space for raw material near the frst station used in the manufacturing process? Have you planned each step in the manufacturing process and accounted for space on the manufacturing foor for the necessary equipment so the materials can be processed smoothly? Have you analyzed each station in the manufacturing process to ensure that equipment is arranged effciently? Are you maximizing the potential of each station in the manufacturing process by having as manytasks as possible performed in that area without creating a bottleneck? Is your fnished product warehouse area located near the last station in the manufacturing process? Are there proper storage materials and equipment, such as foor racks, slip sheets, and pallets to handle the fnished product? Is there enough equipmentto move the fnished product into storage and out once it is ready to ship? Is your shipping area near the warehouse area for the fnished product? Is your shipping area easily accessible to large trucks? 1. Name of Partnership 2. Names of Partners, Contribution to Capital and Distribution of Proft 3. Description of Business 4. Commencement Date 5. Term of Partnership (if any) 6. Place of Business (if any) 7. Fiscal Year End 8. Accounting/Valuation Principles (seek professional advice) CHECKLIST: PARTNERSHIP AGREEMENT LPHR | www.lphr.co PAGE 1 | 2 PROCEDURE | CHECKLIST 9. Banking Arrangements 10. Management Duties/Decisions 11. Restrictions on Partners 12. Signing Authority 13. Drawing Arrangements 14. Retirement/Death Arrangements 15. Non-Competition Clause? 16. Admission/Expulsion of Partners 17. Voluntary Dissolution of Partnership 18. Dispute Arbitration Clause? CHECKLIST: PARTNERSHIP AGREEMENT LPHR | www.lphr.co PAGE 2 | 2 PROCEDURE | CHECKLIST CHECKLIST: ROUTINE MANAGERIAL DUTIES LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Analyze, on a periodic basis, workload and personnel needs of an organizational unit. Recommend changes in the staff level of the work unit. Review documentation for new positions and positions that have been revised. Obtain approval to modify positions. Interview candidates for employment and make hiring decision or recommendations. Orient new subordinates concerning policy and procedures, work rules, and performance expectation levels. Review position responsibilities. Plan, delegate, communicate and control work assignments and special projects concering subordinates. Establish and maintain specifc work goals and objectives or quantitative and qualitative work standards to be achieved by subordinates. Train, develop, and motivate subordinates to improve current performance and to prepare for higher-level jobs. Determine signifcant changes in responsibilities and major duties of subordinates by reviewing their responsibilities on a regular basis. Evaluate the performance of subordinates. Document and discuss present and past performance with each direct report. Keep supervisor informed of results. Review salaries of subordinates and recommend changes according to policy and procedures. Recommend personnel actions such as promotions, performance awards, demotions, etc., according to budget guidance and policy. Advise superiors and subordinates of developments that impact job duties. Ensure proper communications. Maintain discipline, recommend and administer corrective action according to policy and procedures. Communicate and administer personnel programs in accordance with design and objectives. Maintain proper documentation on all subordinates. There are a lot of experienced business people that are still asking themselves what their response is supposed to look like when they receive a request for proposal (RFP). Here is a proposal template format that you can use to respond to RFPs. The content changes each time based on what the RFP requires so you can fll in that part after fguring out how you will solve the clients requirements: Background Briefy go over their general requirements. Example: ABC Company would like a local area network installed to connect all ofthe computers in their offce to share disk space and printers and automatically do tape backups. Scope Discuss in detail each item in the RFP and how you intend to tackle it. Use diagrams to illustrate your confguration. This will be the longest section ofyour proposal and will probably have several subsections. Schedule When do you anticipate starting? How long will each task take? Make a table of your expected schedule for completing the project. Staff This is an optional section. Some frms like to see who will be working on the project. This is more important for government projects. Put the resumes here. CHECKLIST: SAMPLE PROPOSAL FORMAT FOR RESPONDING TO RFPS LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST A strategic planning meeting should be held at least once a year and should include all executive managers as well as any key supervisors with front-line knowledge and experience. Bring a copy of your companys business plan to the meeting so it can be referred to when needed. Keep in mind the purpose of the meeting, which is to evaluate past projects and goals and to develop new strategies based on opportunities discovered through market research and analysis. The following list can help create a more effective strategic planning meeting: The meeting should be held off-site in a casual setting so participants will feel relaxed but away from distractions. Make sure everyone knows that each person will be treated as an equal and everyone will have an equal voice in terms of suggestions and criticisms. To promote a more comfortable atmosphere, have everyone dress in casual clothing. Encourage discussion of subjects mentioned in the meeting. This will not only encourage more brainstorming as the meeting progresses, but it will also serve to fully defne the subject and determine its merits. Dont let the meeting digress into endless criticism. Point out areas that merit praise, and when discussing areas of weakness, explain how certain suggestions may not ft into the overall scope of the companys strategy. Dont try to prioritize items brought up in the meeting. The strategic planning meeting is mainly a brainstorming session where ideas are explored in relation to their strategic impact on the business. Dont assume that everyone will come with a notepad and pen. Make sure you provide both. Make sure you cover each topic thoroughly before progressing to the next Keep in mind that you are exploring strategic solutions. When discussing each subject, apply timelines for specifc actions after the meeting has been adjourned. Write a summary of the meeting and circulate it to everyone who is part ofthe strategic planning team. Then, make sure you have follow-up meetings to review each persons progress. CHECKLIST: STRATEGIC PLANNING LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST CHECKLIST: VENDOR/SUPPLIER FILE LPHR | www.lphr.co PAGE 1 | 1 PROCEDURE | CHECKLIST Maintain a fle for each of your vendors and potential suppliers. Keep the following items in each fle: Current catalog or price list, complete with product descriptions Business cards from any sales or support personnel with whom you have dealt A list of all distribution facilities Discount schedules, including minimum purchase requirements Delivery options, including estimated delivery time Technical assistance and other services available Return policy Warranty information Information on any co-op advertising plans offered by the supplier, including special promotional and grand opening programs Any request for quotations Copies of all invoices Telephone numbers, including toll-free numbers, for all appropriate contacts Discount terms for prompt payment All shipping methods available and their terms Information on terms forlong-term contracts Any special terms for seasonal items Lease options Information on all other services offered by the vendor/supplier | Get in touch. 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