Thursday, January 15, 2009
Helene Cavanaugh, CTS, TAPC's Executive Director made an appearance on "Great Day, Houston"
Helene Cavanaugh, CTS, TAPC's Executive Director made an appearance on "Great Day, Houston" on January 13, 2009 in a local talk show devoted to job seekers, the current job market, and other job searching related topics. In her segment, TAPC was discussed as an excellent vehicle for job seekers. Job seekers were encouraged to go to the TAPC website and find a recruiter in their area of expertise or geographical area to find a recruiter. They were given tips about how to best find and work with a recruiter and were encouraged to keep their options open by maintaining a few good relationships with trusted recruiters who can act as their "Career Coach". In addition, a panel discussion about strong industries for job growth was held and again, TAPC and working with a recruiter was featured as a good route for candidates to use to find those growth industries and good jobs they can't find on their own.
Wednesday, January 14, 2009
Ready....Set.....Go.....TAPC’s Day on the Hill!
By Jake Posey and Steve Koebele
TAPC External Lobbyists
The 2009 Texas Legislative Session is finally upon us and the TAPC advocacy team is geared up and ready to deliver our message of job creation, innovation, and stability in today’s marketplace. The members of the TAPC play a vital role in the Texas economy, supporting over $900 million in revenue generation and sourcing thousands of jobs every year for a growing state economy.
During the 2007 Texas Legislative Session the TAPC and its advocacy teams worked to ensure fair tax treatment for our industry and many of its member companies. This session, we begin with a predicted $9.1 billion shortfall in state revenue which will almost certainly mean the state will be looking for ways to regain revenue. Rest assured, if this means changes to the Margins Tax then the TAPC advocacy team will be ready and will join forces with our member companies to work against any measures to add additional taxes to your business!
Following the TAPC’s successful work related to the Margins Tax in 2007, the Comptroller of Public Accounts produced a report, with input from appointed small business owners across Texas, to highlight the successes or failures of the new Margins Tax and its impact on Texas businesses. Click here to read this important report. It will provide you with a glimpse into what the state will be doing with this new tax in the future.
Finally, the TAPC Day on the Hill will take place on January 28, 2009. If you’re not registered to join us in Austin then you’ll be missing out on an important opportunity to advocate for your business in Texas! Please contact Helene Cavanaugh today to sign up for this important day and join your fellow TAPC member companies as we fan out across the Texas Capitol to deliver our message of Education, Legislation, Communication and Participation!
Thank you again for your genuine support and excitement about the TAPC. Your dues contributions help to defray the expenses associated with the commitment toward fighting legislation that is detrimental to our industry and to supporting issues which are favorable. As always, if you have any questions or ideas, please call Jake at (512) 646-0828 or Steve at (512) 646-7406.
TAPC External Lobbyists
The 2009 Texas Legislative Session is finally upon us and the TAPC advocacy team is geared up and ready to deliver our message of job creation, innovation, and stability in today’s marketplace. The members of the TAPC play a vital role in the Texas economy, supporting over $900 million in revenue generation and sourcing thousands of jobs every year for a growing state economy.
During the 2007 Texas Legislative Session the TAPC and its advocacy teams worked to ensure fair tax treatment for our industry and many of its member companies. This session, we begin with a predicted $9.1 billion shortfall in state revenue which will almost certainly mean the state will be looking for ways to regain revenue. Rest assured, if this means changes to the Margins Tax then the TAPC advocacy team will be ready and will join forces with our member companies to work against any measures to add additional taxes to your business!
Following the TAPC’s successful work related to the Margins Tax in 2007, the Comptroller of Public Accounts produced a report, with input from appointed small business owners across Texas, to highlight the successes or failures of the new Margins Tax and its impact on Texas businesses. Click here to read this important report. It will provide you with a glimpse into what the state will be doing with this new tax in the future.
Finally, the TAPC Day on the Hill will take place on January 28, 2009. If you’re not registered to join us in Austin then you’ll be missing out on an important opportunity to advocate for your business in Texas! Please contact Helene Cavanaugh today to sign up for this important day and join your fellow TAPC member companies as we fan out across the Texas Capitol to deliver our message of Education, Legislation, Communication and Participation!
Thank you again for your genuine support and excitement about the TAPC. Your dues contributions help to defray the expenses associated with the commitment toward fighting legislation that is detrimental to our industry and to supporting issues which are favorable. As always, if you have any questions or ideas, please call Jake at (512) 646-0828 or Steve at (512) 646-7406.
Tuesday, January 13, 2009
UNEMPLOYMENT ISSUES – WHAT’S UP?
UNEMPLOYMENT ISSUES – WHAT’S UP?
Michelle Morgan, Partner, Shackelford, Melton, Mc Kinley Law Firm – 214.780.1400
Although Texas’ unemployment rate has fared a bit better than the national rate, the Texas job market is expected to continue slowing this year as businesses tighten up and eliminate more jobs. Those who lose their job through no fault of their own (e.g. they’re laid off, their position is eliminated, etc.) are eligible to receive unemployment benefits through Texas’ unemployment insurance system. However, losing your job doesn’t automatically entitle someone to receive benefits; the Texas Workforce Commission (“TWC”) decides who is entitled to benefits and, oftentimes, the TWC’s decision is based on factors that occurred prior to the employee’s termination. In a struggling economy, it is all the more important to avoid unnecessary chargebacks against your company, which ultimately raises your unemployment insurance rate. How to avoid unnecessary chargebacks starts during the employment relationship.
In short, employees in Texas are entitled to unemployment benefits following the loss of a job unless (i) the employee voluntarily resigned, or (ii) the employee was terminated for “misconduct” (as that term applies to the Texas Labor Code and unemployment benefits).
As far as employees who are “terminated for misconduct,” it is the employer’s burden to convince the TWC that the employee was fired for violating a company policy or for other behavioral reasons (e.g. refusal to work as scheduled, constant tardiness, failure to follow procedures, etc.). In contrast, performance issues (e.g. number of placement made per month, etc.) may only be a basis for “terminated for misconduct” if you can show that the employee refused to perform at a level at which they are capable of performing.
When terminating an employee for misconduct, consider following what I call the “three strikes concept.” This involves three factors: (1) define your strike zone: identify what policy your employee is violating that inspires you to “call a strike,” (2) call your strikes consistently: do not let some employees get away with violating company policy while expecting others to follow those same policies, and (3) on the last strike, call your employee “Out!”: in other words, there should be a triggering incident that immediately precedes the decision to terminate (as opposed to a randomly timed moment of termination). In addition to these three factors, you should also try to give your wayward employee at least three warnings, each of which provide the employee with clear notice of what behavior is unacceptable, and what they should do to resolve the problems.
How to Call Strikes: The first strike may be treated with either a verbal or written warning, however, if the warning is done verbally, you should still include a memo about the situation in the employee’s personnel file. The second strike should be addressed with a written reprimand. Have the employee sign an acknowledgement that they received the reprimand. The next to last strike that you are willing to give them should come with the clear statement, preferably in writing, that their failure to abide by the warning or reprimand will result in termination from the job. At each reprimand stage the employer should make very clear what is expected from the employee. By following these steps, the employer can show the Texas Workforce Commission that (i) the employee was warned that their behavior was contrary to company policy, (ii) the employee was giving multiple warnings, and (iii) the company gave the employee clear guidance as to what must improve, and told the employee that if improvement does not occur, then the employee will lose their job.
Following such a system will help avoid having the TWC grant unemployment benefits to employees who were unwilling to fix problem behaviors in the workplace. It also allows the employee to have a better understanding of what must be fixed, and how, so that the employee can try to modify their behavior and keep their job.
Michelle Morgan, Partner, Shackelford, Melton, Mc Kinley Law Firm – 214.780.1400
Although Texas’ unemployment rate has fared a bit better than the national rate, the Texas job market is expected to continue slowing this year as businesses tighten up and eliminate more jobs. Those who lose their job through no fault of their own (e.g. they’re laid off, their position is eliminated, etc.) are eligible to receive unemployment benefits through Texas’ unemployment insurance system. However, losing your job doesn’t automatically entitle someone to receive benefits; the Texas Workforce Commission (“TWC”) decides who is entitled to benefits and, oftentimes, the TWC’s decision is based on factors that occurred prior to the employee’s termination. In a struggling economy, it is all the more important to avoid unnecessary chargebacks against your company, which ultimately raises your unemployment insurance rate. How to avoid unnecessary chargebacks starts during the employment relationship.
In short, employees in Texas are entitled to unemployment benefits following the loss of a job unless (i) the employee voluntarily resigned, or (ii) the employee was terminated for “misconduct” (as that term applies to the Texas Labor Code and unemployment benefits).
As far as employees who are “terminated for misconduct,” it is the employer’s burden to convince the TWC that the employee was fired for violating a company policy or for other behavioral reasons (e.g. refusal to work as scheduled, constant tardiness, failure to follow procedures, etc.). In contrast, performance issues (e.g. number of placement made per month, etc.) may only be a basis for “terminated for misconduct” if you can show that the employee refused to perform at a level at which they are capable of performing.
When terminating an employee for misconduct, consider following what I call the “three strikes concept.” This involves three factors: (1) define your strike zone: identify what policy your employee is violating that inspires you to “call a strike,” (2) call your strikes consistently: do not let some employees get away with violating company policy while expecting others to follow those same policies, and (3) on the last strike, call your employee “Out!”: in other words, there should be a triggering incident that immediately precedes the decision to terminate (as opposed to a randomly timed moment of termination). In addition to these three factors, you should also try to give your wayward employee at least three warnings, each of which provide the employee with clear notice of what behavior is unacceptable, and what they should do to resolve the problems.
How to Call Strikes: The first strike may be treated with either a verbal or written warning, however, if the warning is done verbally, you should still include a memo about the situation in the employee’s personnel file. The second strike should be addressed with a written reprimand. Have the employee sign an acknowledgement that they received the reprimand. The next to last strike that you are willing to give them should come with the clear statement, preferably in writing, that their failure to abide by the warning or reprimand will result in termination from the job. At each reprimand stage the employer should make very clear what is expected from the employee. By following these steps, the employer can show the Texas Workforce Commission that (i) the employee was warned that their behavior was contrary to company policy, (ii) the employee was giving multiple warnings, and (iii) the company gave the employee clear guidance as to what must improve, and told the employee that if improvement does not occur, then the employee will lose their job.
Following such a system will help avoid having the TWC grant unemployment benefits to employees who were unwilling to fix problem behaviors in the workplace. It also allows the employee to have a better understanding of what must be fixed, and how, so that the employee can try to modify their behavior and keep their job.
Monday, January 12, 2009
TAPC Survey
TAPC Conducts a Quarterly Survey During 4th quarter, 2008, TAPC sent an invitation for a survey to all our member owners. We got some interesting feedback regarding how the market was faring and the results were shared with each owner who participated in the short 3 question survey. Most survey participants found it helpful to compare how their business was doing to other’s in the same or similar markets.
We’d like to re-run that survey. It will help us all know how things have changed from Q’4 ‘08 to Q’1 ‘09. If you completed the survey last time, please respond again. Your responses may be different this time. If you didn’t complete the survey last time and are an OWNER of a firm, please respond this time. We’d really like your feedback by 1/23/09. Everyone that responds (it’ll just take one minute!) will get the results emailed to them by February 6, 2009. To get the short survey sent to you so you can respond, please email Helene Cavanaugh at tapc4u@sbcglobal.net and in the subject line put “SURVEY PLEASE!”.
We’d like to re-run that survey. It will help us all know how things have changed from Q’4 ‘08 to Q’1 ‘09. If you completed the survey last time, please respond again. Your responses may be different this time. If you didn’t complete the survey last time and are an OWNER of a firm, please respond this time. We’d really like your feedback by 1/23/09. Everyone that responds (it’ll just take one minute!) will get the results emailed to them by February 6, 2009. To get the short survey sent to you so you can respond, please email Helene Cavanaugh at tapc4u@sbcglobal.net and in the subject line put “SURVEY PLEASE!”.
TAPC’s next “Texas Tour”
TAPC’s next “Texas Tour” will make the rounds through 5 Texas cities from Wednesday, September 16, 2009 – Tuesday, September 22, 2009. Plans are underway to bring a dynamic duo of Mike Lejeune and Margaret Graziano starting in Dallas on 9/16, Houston on 9/17, Midland on 9/18, San Antonio on 9/21, and Austin on 9/22. Mike will present a program for Temporary/Contract that will be all day and Margaret will present a program for Direct Hire and for Owners. Lunch will be all together and you’ll have the opportunity to ask questions and visit with both speakers! It’ll be a great day of training so mark your calendars and look for more information to come!
Friday, January 9, 2009
A message from Jim Hezel, CPC
A message from Jim Hezel, CPC, 2008’s Locke-Matthiessen award winner about this year’s winner, Rick Marshall It is with great pleasure and admiration that I announce Rick Marshall, of Marshall Career Service as the 2009 Locke-Matthiessen award winner. I find it remarkable how many great people I have met through my involvement with TAPC. Rick is one such person. His tireless dedication to the TAPC has brought the Association to new heights, and we all enjoy the fruits of his labor and leadership.
Being awarded this very special award last year was a highlight of my professional life. It will be an honor to present Rick the award at the TAPC Conference in April. Rick is a mentor, trusted advisor, and most importantly, a dear friend. I think many, many people would say this about him and share my excitement in this milestone.
Be sure to attend the lunch on Saturday, April 4, 2009 at the TAPC Conference for this very special award presentation for Rick Marshall, TAPC’s 2009 Locke-Matthiessen Award Winner!
Being awarded this very special award last year was a highlight of my professional life. It will be an honor to present Rick the award at the TAPC Conference in April. Rick is a mentor, trusted advisor, and most importantly, a dear friend. I think many, many people would say this about him and share my excitement in this milestone.
Be sure to attend the lunch on Saturday, April 4, 2009 at the TAPC Conference for this very special award presentation for Rick Marshall, TAPC’s 2009 Locke-Matthiessen Award Winner!
Message from Bruce Whitaker
Happy New Year to all of my staffing industry compatriots. Wow! What an interesting end to 2008 we had. Like it or not 2009 brings with it a new President, a new administration and a stock market whose graph is less defined than my signature.
Again, with this newsletter we’ll be conducting our poll to see if any segments of our business are experiencing an up-tick in job orders and revenue. I suspect we’ll find all markets are impacted to some degree, and obviously, some more than others. I can tell you that the IT, Engineering and Healthcare markets that my firm serves are all a little soft but okay. We are not seeing the doom and gloom that some pundits are forecasting. There is no doubt that the phrase we have all heard “bad news sells newspapers” is true with today’s media. I would only hope that our staffs won’t pass on the “bad news” and will instead share with their clients that we’re all still here, we’re all still doing fine and we think 2009 will end up being an excellent year. Spread the news.
We here at TAPC are all very excited about the upcoming Lobby Day. (Please see further information in this newsletter.)
Obviously, the more industry representation we get at this event the more our legislators become aware of us, our needs and our causes. If you haven’t signed up yet, please contact Helene Cavanaugh and help us make an impression on Austin.
Finally, we are looking for a great conference in Houston this year. The line up of presenters and exhibitors is, I think, the strongest we have ever had. The price is right and so are the people. I hope you will join us.
Let’s all defy the economic “doom and gloomers” and have a great 2009. See you in Austin.
All the Best,
Bruce Whitaker
2008-2009 TAPC President
Again, with this newsletter we’ll be conducting our poll to see if any segments of our business are experiencing an up-tick in job orders and revenue. I suspect we’ll find all markets are impacted to some degree, and obviously, some more than others. I can tell you that the IT, Engineering and Healthcare markets that my firm serves are all a little soft but okay. We are not seeing the doom and gloom that some pundits are forecasting. There is no doubt that the phrase we have all heard “bad news sells newspapers” is true with today’s media. I would only hope that our staffs won’t pass on the “bad news” and will instead share with their clients that we’re all still here, we’re all still doing fine and we think 2009 will end up being an excellent year. Spread the news.
We here at TAPC are all very excited about the upcoming Lobby Day. (Please see further information in this newsletter.)
Obviously, the more industry representation we get at this event the more our legislators become aware of us, our needs and our causes. If you haven’t signed up yet, please contact Helene Cavanaugh and help us make an impression on Austin.
Finally, we are looking for a great conference in Houston this year. The line up of presenters and exhibitors is, I think, the strongest we have ever had. The price is right and so are the people. I hope you will join us.
Let’s all defy the economic “doom and gloomers” and have a great 2009. See you in Austin.
All the Best,
Bruce Whitaker
2008-2009 TAPC President
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