“Hello, I am an investigator from the [insert name of applicable government agency] and I am here to conduct a compliance investigation for your business. See my badge!”

Any small business owner would be frightened, unnerved, frustrated and more. From my experience in this area, I will tell you: It is probably not as bad as you think. Take a deep breath and consider following the steps listed below which Bill Pokorny laid out in his article What To Do When the DOL Makes an Unannounced Visit: Wage & Hour Insights:

1. Be polite to the investigators. If you are not moved to do so out of common courtesy, remember that being disrespectful to a government agent with the power to make your life very difficult and assess large financial penalties is not a wise business decision.

2. Contact your lawyer immediately. Make sure he or she has experience handling investigations. If not, get a referral to someone who does.

3. Don’t turn over any records, arrange employee interviews, or answer any other substantive questions until you’ve talked to your lawyer.

4. Don’t talk to your employees about the visit until you talk to your lawyer. Even questions that seem innocent to you can give the impression that you are pressuring employees or possibly retaliating against them for cooperating with the investigators. Most importantly, make sure your time and payroll records are in good order BEFORE the government comes knocking.

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If you are very fortunate, you may never have to terminate an employee. For most businesses though, things happen that require termination of employment. If you find yourself need to terminate an employee, consider the six guidelines listed before you terminate:

1. Severance. If you are going to pay severance and the employee is not already entitled to receive severance, you need to require the employee to sign a release in exchange for the severance. The release is the employee’s acknowledgment that he is giving up all claims against the company in exchange for a severance payment to which he would not have been entitled. This type of document provides some finality and protection for the company.

2. Contract Limitations. Determine if there are any obligations or rights that the employee has that would prevent you from terminating his employment in the manner in which you wish to do it. For instance, is there a written employment contract involved with this person? Has your company given the person any kind of rights through an employee policy manual or handbook? Is the employee currently experiencing any kind of issues such as a work-related injury that would make termination either unwise or illegal?

3. Equipment. Be certain before you inform the employee of termination that you either have all of the property back that the employee is using or you have a clear plan to get all of it back. Occasionally, I have seen employees who are terminated and upset about the situation take out their frustration by not returning employer equipment or making it very difficult for the employer to secure return. If you are going to ask for release, you might consider adding a line that says in exchange for the severance they have returned all equipment to the company.

4. Witness. When you actually inform the employee that he is being terminated, it is wise to have another person with you who can corroborate what actually happens if there is any kind of dispute.

5. Benefits. Does the company owe this employee any kind of accrued benefits such as PTO or vacation time? Sometimes, depending on the written documents or policy manual, the employee may have a right to receive this type of benefit upon termination. However, if there is no documentation promising the employee that he is entitled to receive the benefits, the company probably has no obligation to pay.

6. Cause for termination. Be careful how you express the cause for termination to the employee. Most employers I work with are good people like and don’t want to go out of their way to make the employee feel bad. However, if you tell an employee they are being let go because there simply is not enough work and the reason is actually that the employee cannot do the work that you need, you are probably stuck with the stuck reason given. It is better to give no reason at all for termination rather than a reason not supported by the facts. This could come up in unemployment proceeding with the Oklahoma Employment Security Commission or other post-employment proceedings. Unemployment cannot be waived but if there is a solid reason for termination related to some type of misconduct then there may be a basis to challenge in the award of unemployment.

If you need help on any of these issues when doing an Oklahoma employment termination, this is something I have a lot of experience with, please contact me.

Is my Oklahoma non compete agreement enforceable?
The short answer is that if you are in Oklahoma the non compete agreement it is not enforceable.  With a couple of exceptions, Oklahoma law is clear that an individual is allowed to work in his or her chosen business or industry even if a piece of paper says otherwise.  While competition is allowed, Oklahoma law prohibits a former employee from soliciting the established customers of the former employer.

Two scenarios where a non compete agreement is enforceable
In an article from a few months ago, I wrote about how Oklahoma law categorically invalidates non compete agreements. Oklahoma has made a public policy decision that with a couple of exceptions employees will not be barred from competing. Below are the exceptions to the rule:

Non compete Agreements are still not OK in Oklahoma
I wrote a few months ago about how Oklahoma law prohibits non compete agreements for former employees and touch on exceptions here.  Yesterday, the Oklahoma Court of Civil Appeals reiterated that any agreement which restricts a former employee’s ability to work in the same field as the former employer is void under Oklahoma law.

4 critical points to consider in a non disclosure agreement [before you sign it]
1.      Is the definition of “confidential information” specific enough to be workable?  For the non disclosure agreement to have any value, both sides must understand what is being protected.  I routinely see non disclosure agreements that have wonderfully frightening all inclusive definitions of “Confidential Information.”

A few years ago it occurred to me that it would be good to work and be productive regardless of my physical location. That meant being able to be away from my office and still work at a high level, without having to explain to everyone with whom I deal that I am “away from office.” For real efficiency reasons, family reasons and particular quirks of my personality and temperament, working away from the office is critical for me. irrelevant

When I began considering my mobile strategy, the tools for doing this either existed or were quickly coming into existence. Today, I believe I have accomplished what I set out to do: I can work efficiently and effectively from just about any physical location. My analysis below assumes a person who is comfortable using email and browsing the Internet. Below are the tools I use to essentially make my work location irrelevant:

1. Laptop Computer. For me it is the 15″ Apple MacBook Pro (mid-2010 version). But you don’t need an Apple laptop, any solid and reasonable sized PC Lapton (Dell, HP etc. . . take your pick) will work fine. This computer is your work station in your mobile office. The machine needs to be able to most of what any desktop computer can do.

2. Smartphone. Since I usually don’t have access to a landline, having a working telephone connection is a must. There are many options. My phone of choice is the iPhone 4 through Verizon. The smartphone has to work for voice calls (which are still at times a necessity). It also needs to provide quick and easy access to email, texts and any other regular forms of communication you use. Often, when I am working on the MacBook Pro, the phone is notifier when I have a new email or other message. I can also send quick replies to multiple messages easily, using the iPhone.

3. Mobile Internet Device. Free WiFi is ubiquitous but I still find it problematic. Coffee shops, restaurants, libraries and even the local automative parts store offer free WiFi. How secure is a free network that doesn’t require a password (not very)? Is the free WiFi fast enough to get anything done? Do you have the free WiFi everywhere you need it? For all of these reasons, I replaced free WiFi with my own personal Internet device. Originally, it AT&T USB modem, then it was Verizon’s MiFi and know it is Verizon’s Intelligent Mobile Hotpsot (like the MiFi but with 4G LTE). With the Hotspot, I have super fast Interent access wherever I am (I wrote about it here). No worries about security, whether there is a connection or how fast it is. From the car, the courthouse or the case, the Hotspot allows me to focus on getting my work done rather than on the quality or security of my Internet connection. As alternative to the dedicate device, many smartphones have a hotspot feature that for [quite] a few extra dollars, you can share your phone’s Internet connection with your computer.

4. Digital Documents. Maintaing and dragging around a bunch of paper is the arch enemy of making location irrelevant. If all the documents you need are in file folders in the file cabinet at your office, then you need to within walking distance of the file cabinet. I eliminated this issue by going most paperless for the documents with which I work. This means all correspondence, pleadings, memos, research and the like are maintained as digital files, accesible anywhere. I use Dropbox which is a seamless and simple solution regardless of what device you are on. Dropbox allows me maintain one file system for all digital documents across all my devices. I am always working on the “most recent version” of the document.

5. Browser-centric. The browser is the centerpiece of my work. Browser tabs are often how my tasks are organized. This means that most of my applications are web-based. While technically an application can be “web-based” but independent from a browser, I find an advantage in using applications within the browser. My browser of choice is Google’s Chrome on the Mac (and when it gets buggy I switch over to Safari). Google Chrome for Windows is an equally good if not superior choice. Many of the applications I used in my business and personal life (which are sometimes inextricably intertwined) run in a browser tab. For instance, Gmail, Google Reader, Bill4Time, Twitter, Westlaw (for legal research) all run through my browser. The advantage is that regardless of my location, I open the browser and see the same interface and have same experience with the service. This uniformity leads to efficiency.

6. Mobile Power. Nothing short circuits [pun intended] my productive like the laptop, Hotspot or phone dying from a lack of power. To combat this issue, I try to work within range of an outlet or charging source. If its at the library or a cafe, the source is a wall outlet. If it is in the car, the with a car power adapter. The nice thing about my mobile devices is that they can all be charged through the MacBook Pro: the phone connects and so does the Hotspot with its USB adapter. If there is a plug in for the computer, everything else is good to go. One thought if you are working in your car or on the go: get power connector such as this one that fits into your drink holder and charges a computer, a phone and most other devices. You also avoid some car-cord-clutter with this setup.

7. IP-based phone management tool. To me, no mobile connection beats the quality and consistency of a good landline connection. Even the best cellphone is a bit flaky at times. However, if you are going to work mobile you need to be able to talk and manage call and messages remotely. There are several premium Internet-based phone options, but I use Google Voice. Google Voice is a complement to my landline phone system, it does not replace the phone (Read my review here). It is my go-to service for managing communications, both spoken and textual. Google Voice allows me to have one telephone number that can forward to multiple numbers and the ability to text from the same number. The ability to manage my Google Voice account to a granular level from the web (on a computer or smartphone) is also a plus. No more calling into the office to check messages, the messages are transcribed and on your phone and computer.

8. Head-Phones. This is only a requirement if you will not be working in a noise-insulated, sound and visually distraction-free environment! For rest of us who work in locations with some noise, it is nice to have headphones to block out the distractions and through music and talk create the environment you need to be productive. I am not picky about what I have been using is the ear buds that come with almost every Apple mobile product. However, there are many higher quality options that will sound better and more effectively eliminate outside noise. I received a great set of Sony Headphones for Christmas.

I have used Evernote for about 3 1/2 years. I have 1261 notes. To give you a better idea of what you can do with Evernote, below are some of the ways I use Evernote to be productive:

1. Making notes. Notes about clients, about cases, about doctors appointments etc. . . I make the note on whatever device is handy (computer, tablet, phone) and then it syncs across all my devices. It is just “there” when I need it without having to think about it.

2. To Do Lists. Evernote is my primary to-do list maker. To spruce things up a bit, I use the check-box images to create items that I can actually “check-off” as I complete them. The nifty thing is I can add to the “to do” list as things come to my mind, regardless of where I am.

3. Remembering items with photos. I take pictures of products, potential gifts, groceries and the like that want to remember. I put them into Evernote where I can label them, index and then have pictures with me all the time. Particularly, I have taken pictures of the items my family wants for Christmas and saved them in Evernote so I don’t forget.

4. Health Records. I try to take a picture on my phone of all my medical records, prescriptions and doctors notes and put them into Evernote so that everything is in one place, in order.

5. Drafting documents. I do most of the first drafts of letters, pleadings, memos, blog posts and just about anything else that needs to written in Evernote. The word processing capabilities of the service are improving on both the desktop client and mobile. When I get close to final on the documents, I usually email them to legal assistant or copy them into Word. Composing on Evernote means that I have access to my documents at every stage and in all places.

6. Collecting Research. I use Evernote to gather and organize legal research that I find in my primarily legal-research based software. I email and copy and paste the results into Evernote and create notes that track everything from multiple sources. In addition to legal research, this works well for simply researching a product or service you are thinking of purchasing. Evernote has plugins for most browsers that allow you to send web pages and links directly to it.

7. Remembering where I parked. It sounds silly, but sometimes when I park in a large garage, I can’t recall which spot on which floor I left my car. To remedy this problem, I take a photo of the floor and space and save it in Evernote.

8. Organizing travel details. When we travel, we usually have hotel reservations, plane reservations, sometimes rental car reservations and often info on things we want to do or see. I collect of this information in Evernote, create a notebook for it and then create notes for each activity.

9. Organizing Documents. For some things on which I am working, I will put documents (usually PDF) into Evernote to create a notebook of documents need at a deposition, drafting a pleading or simply talking with a client.

10. Bible Study Notes. I attend Bible Study Fellowship weekly and I make notes on the lecture in Evernote, tag all them “BSF” and then everything is in once place as I ponder things.

11. Interviewing People. When I interview people as witnesses in a case, I usually take notes directly into Evernote on a tablet (the iPad 2) or I take handwritten notes then take photos of the notes and load them into Evernote. In any event, I have all my notes for each person and each case organized by tags and in a notebook. When I need one, regardless of where I am, it is easy to find.

12. Saving articles. Although there are many other ways to do it (Google Reader, Instapaper to name a couple), I will often send the page containing articles I am interested in to Evernote so I can find them and read them later.

13. Grocery List. While I can think of many items I need at the store, by the time I arrive there, I can only remember a few. I solve that problem by making a list in Evernote, wherever I am and then the list is with me at the store (through my phone).

14. Audio Note. Evernote allows you to make short audio notes using your phone or computer and you can organize them the same way as any other note. If need to need to get a few things down quickly after a meeting, I can record an audio and save it in Evernote.

What are some of the ways that you use Evernote to be more productive?

Last year I recorded some audio in a post about using a competitor’s name in Google’s Adwords. My post was inspired by a case on which I was working. My conclusion was that this practice was unethical and possibly illegal.

Recently, a writer from the Pittsburgh Post-Gazette who was working on a story on same topic contacted me. We discussed the issues and I am quoted in a Pittsburgh Post-Gazette story. My money quote is:

“I don’t believe it’s ethical,” said Shawn J. Roberts, a small business law attorney who researched this issue last year for a client. “If somebody is searching [Highmark] and they come across the first ad, not everybody is going to realize that they’ve been taken where they didn’t intend to go.”

Read more here.

What do you think, is buying your competitor’s name in AdWords, ethical or unethical?

The whole brief is reproduced below for your reading enjoyment. As always, this is brought to you by Legal Alerts, your information equalizer for automatic case updates. You can follow the Gundy case here for free and try Legal Alerts for yourself here.

Although the Recusal on the Court’s Own Motion Order does not provide a reason, recusal on a Judge’s own motion usually happens because of some previous relationship with one of the parties in the case.   A new judge will be but has not yet been assigned to the case by Chief Judge Phillip R. Corley, a District Judge (which means elected by popular vote).  There has been little activity and I don’t expect to see much before the first of the year. The path should be clear for Coach Gundy to put his full focus on getting Oklahoma State to its first BSC Bowl.

If you want alerts on the Gundy case right into your inbox, you can subscribe for free here.

You can see whole order below.

Originally posted at www.shawnjroberts.com.

What is Klout?

Klout bills itself as the “Standard for Influence”.  The Klout Score measures influence based on your ability to drive action. Every time you create content or engage you influence others. The Klout Score uses data from social networks in order to measure three areas:

1. True Reach: How many people you influence
2. Amplification: How much you influence them
3. Network Impact: The influence of your network

I like the ambitiousness and big-thinking of Klout’s founders:  declare that you are a standard of influence and then actually build a company that is viewed as the standard for influence.

What happened last week?

Klout changed it scoring system to try to produce a more accurate and transparent result.  In its own words:

Today we’re releasing a new scoring model with insights to help you understand changes in your influence. This project represents the biggest step forward in accuracy, transparency and our technology in Klout’s history. Joe shared the full vision behind these changes in his post last week.

One result of the changes was a dramatic and sudden drop in the Klout scores, without acknowledge from the service of the drop.  For instance, my Klout score dropped from 53 to 43 while at the same time the site tells me may number has been holding steady.

Does Klout have value?

Klout is an ambitious project which offers rankings for people through social media.  Usually, Kout scores are close to how I would rank people based on just eye-balling their followers and connections.  To the extent that Klout diverges from the eyeball test, its value is harder to determine.  One blogger, Marshall  Kirkpatrick believes Klout’s value is definable and substantial.  You can check out his piece “Why Klout is Really and Truly Valuable” here.

What value do you think Klout has?

lawyerbride Just got news from @legalizedSW that an old case is heating back up. Great service. I won’t be served for days. I wouldn’t have known! 7/11/11 4:41 PM

Well, I bumped in Rachel again today and she had more kind words for Legal Alerts and the impact it had on her law practice:

lawyerbride @ShawnjRobertsPC Thanks for revolutionizing my practice. 10/20/11 9:14 AM

Thank you Rachel for the very kind words.  That is why we do what we do.

Check out Rachel’s website here.  Also, sign up for a free trial of Legal Alerts right here.