Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post ‘Free trial’ Keto scam almost ripped off small business owner appeared first on Dennis Beaver.

Readers who enjoy classic American films will recognize the headline of this article as a line from “The Treasure of the Sierra Madre” (1948), starring Humphrey Bogart. A similar remark was used in “Blazing Saddles,” the 1974 Mel Brooks comedy.

When we hear the word “badge,” what usually comes to mind is a police officer, firefighter, or even a merit badge awarded to Boy Scouts or Girl Scouts to signify certain accomplishments. (Boy Scouts of America is rebranding to Scouting America in 2025.)

A badge signifies that the person wearing it is a legitimate organization or company employee.

So what are the possible consequences and risks to employees (and their employers) who should have been provided with a badge or other form of identification but were not?

Easements

A frequent surprise to first-time real property buyers is the discovery of one or more easements on their land allowing a utility or communications company — cable, internet, or phone — to access, inspect, and perform work on its equipment.

Most utilities have employees who perform these tasks, some hire contractors, and this is where problems can arise.

‘I need to get into your backyard’

Recently, several homeowners came face-to-face with a major utility’s “contractors,” who were hired to inspect the company’s easements in their neighborhood.

Eighty-five-year-old “Sarah” related this exchange with “George”, a polite but embarrassed young man who wanted to examine an easement in our backyard.

Looking at him through my peephole, I could see that he was not wearing a company uniform, had no identification badge, no business cards, and nothing visible to prove his legitimacy. I told him, “‘For all I know, this could be an attempted home invasion. Do you have anything that proves who you are working for and the need to get into our backyard?’”

George produced a one-page sheet from his employer I’ve seen that stated, “I work for (employer), who is an approved contractor for (your utility).” The document explains why George needs access to Sarah’s property. There is a place for the name of a field engineer and a phone number, but that area is blank.

Sarah learned that George is a college student and is part of a crew traveling from city to city, inspecting easements.

“How long have you been working for them?” she asked.

“Three months, and even though I’ve repeatedly asked, they have not provided any form of proper ID, which is creating problems for all of us on the crew.”

My reader then phoned the company, but not wanting to get George in trouble, refused to identify him when the receptionist asked, “Are you having problems with our employee?”

“No, you are the problem!” Sarah replied. “How dare you send your employees without sufficient identification into situations that can be dangerous to them and potentially frighten homeowners?”

Also, I phoned the employer and spoke with a supervisor, who insisted that all of their people had proper ID. I knew that was a lie but, while pressed, did not reveal the employee’s name or precise location. My phone did not reveal my location either.

Proper identification is the standard of care

From police departments to school districts, badges or other forms of visible identification are obligatory in thousands of occupations. In several states, failing to produce identification can result in fines against the employer. In some professions, such as health care, failing to wear a name tag can be considered unprofessional conduct.

For example, according to the Arkansas State Board of Nursing, “Failure to display appropriate insignia to identify the nurse when providing health care to the public is grounds for disciplinary action.”

Liability of employer for injury to employees

Employers have both a moral and legal duty to protect their employees and prevent foreseeable harm while on the job. Making safety a priority isn’t just the right thing to do; it is legally required, and a breach of that duty can result in significant costs in the form of workers’ compensation claims, in addition to a serious and willful charge that can cost an employer thousands of dollars that won’t be covered by insurance.

In my conversation with George’s supervisor, I asked him if his company had thought of the liability it faces by putting these college kids into potentially dangerous situations where someone could get shot.

Or, what if a homeowner suffered a heart attack out of fear? “Did you folks even think of these possibilities?”

“Yes, we have,” he said.

Really?

If you fill out certain surveys online or use a particular retirement calculator, you might get a phone call or even be paid an unsolicited visit by a rep wanting to set up a sales appointment.

Any legitimate solicitor should be able to show you a proper ID that also clearly identifies the company they work for.

Years ago, Nancy Reagan, one of our nation’s most appreciated First Ladies, told our kids to “just say no” if they were offered drugs. Her advice still applies to 85-year-old “kids” who can’t see a badge or adequate ID on someone who wants you to open the door. Just say no.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post ‘I don’t have to show you any stinking badge’ appeared first on Dennis Beaver.

“Dennis, I am a workers compensation attorney in Louisville, Kentucky and have a likeable, outgoing client who’s work injury requires that finding a different occupation. His grandmother suggested that he look into becoming a Kirby vacuum salesman which is sold door-to-door. I found two very positive articles you wrote about the Kirby Company and would appreciate your opinion.

“What are the pros and cons of becoming a ‘Door to Door’ salesperson? Thanks, “Charlie.”

Direct Selling Offers Unique Opportunities

Charlie is correct. I have a great deal of respect for the Kirby Company. Not only do they make an excellent vacuum cleaner–which they refer to as a home cleaning system that has the best warranties in the business–but they are an ethical company. They believe in protecting the consumer, as I discovered many years ago as a Deputy District Attorney in charge of Consumer Protection in the Kern County D.A.’s Office.

Over the years I have met many Kirby distributors who started out selling Kirbys door-to-door, and as Joseph Mariano, President of Washington D.C. based Direct Selling Association (DSA) recently told me:

“The people who are in direct, person-to-person, sales today–Kirby and the Fuller Brush Man which come to mind almost immediately–have a rich, colorful American history behind them. Yankee peddlers–traveling salesmen–were the original entrepreneurs, a common sight throughout America until the late 1800’s. They would go from town to town with carriages filled with everything they had to sell, all sorts of goods, bringing a needed touch of civilization to an expanding country.”

Marino confirmed what I so admired–something which just stood out in a truly admirable way–about these Kirby salespeople who had success written all over their faces. “Success in direct marketing requires:

–Being entrepreneurial-minded;

–You must love to work independently by;

–Establishing a business with low start-up and overhead costs, and;

–Affiliating yourself with a company that markets its products through direct sellers who in turn retain the freedom to run a business on their own terms.”

And who are some of the companies that sell their products this way? Mariano listed a few of the 150 members in the DSA–some of whom I had heard of, while others I had not:

Mary Kay

Avon

The Pampered Chef

Amway

Traveling Vineyard

Tupperware

Shaklee

Jafra Cosmetics

What it Takes to Succeed

Mariano points out that direct selling consultants, “forge strong personal relationships with their customers,” but is quick to stress, “There is nothing easy and if you are looking for a quick buck, you will fail.”

He made it clear that success in direct sales, “Requires putting in the time, the effort and developing the skills to run a business. There is a great variety of people who have been successful, many who initially thought, ‘I can’t be good at selling.’

“Often what gets someone into direct sales is that they or a family member owned a Kirby vacuum cleaner, took Shaklee vitamins, went to a home party for Mary Kay and through that exposure thought, ‘Maybe I can do this. I really love this product–and especially the people selling it–and I can see myself telling others about it.”

He provided a by-the-numbers list of qualities which a successful direct seller needs:

(1) A willingness to share the benefits of the product. You want your friends and family to know about your positive experience.

(2) Selling is not always going to be easy. The old saying, “If at first you don’t succeed, try, try again,” applies. By developing exceptional product knowledge and a true love of the product, those feelings will become contagious and will help you to succeed.

(3) Remember that you are a guest in someone’s home and have a legal and ethical obligation. Be truthful. Our member companies agree to follow a strict code of ethics, but there are others out there who do not.

(4) You need a thick skin – selling is not easy. Some people will just not be interested but could very well refer you to someone who is when you are polite and thank them for their time.

(5) When looking for a direct selling opportunity, run the other direction if you are told that you do not have to work a lot and can make money easily. Do not consider any offer that requires you to put a lot of money up front, or purchase large amounts of inventory.

(6) If compensation is promised on merely recruiting other people rather than selling, forget it!
For anyone interested in this field, www.dsa.com is the place to begin – and for regular consumers wanting to learn more about their rights when buying from a door-to-door salesperson.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post “Sonny, You’d Make a Great Vacuum Cleaner Salesman!” appeared first on Dennis Beaver.

We have all seen the modern version of county fair hawkers on the various home shopping channels.

Southern California resident Julia Ortiz was watching Shop HQ in March of this year and saw an item, “That seemed ideal for my 75 year-old husband who suffers from leukemia that greatly has affected his mobility.”

It was a $1,178 electric scooter from Tucson, Arizona, eWheels. “As it was being sold by Shop HQ, I felt confident in the product and eWheels,” Julia said.

Her trust in eWheels was badly misplaced, as it has an “F” rating from the Better Business Bureau, and horrible reviews on both Yelp and Amazon.

Fortunately she paid with her Citibank credit card which permits challenging any improper charge.

Damaged goods

“The Shop HQ operator told me, ‘The scooter will be custom delivered by two individuals who will unpack and assemble it.’ But it was delivered by one FedEx driver who pointed out a large hole in the box.

“I was afraid the scooter was damaged,” she told the FedEx employee, asked him to please send it back, but he refused, saying, “Why not open it? If it’s OK, fine, if not, call me and I will come right back later today to pick it up.”

Later that day, upon opening the box, Julia discovered significant damage to the scooter, including a broken seat. She called FedEx and was told that ShopHQ had to initiate the pick-up.

“So I phoned ShopHQ and the operator tells me, ‘There is nothing we can do unless you pay a $150 return fee!’

“What? This was crazy! It was shipped from eWheels, delivered broken and they expect me to pay to return it!!  Then I called you, Mr. Beaver.”

No help from Mr. Nasty

Requiring Julia to pay anything for the damaged scooter to be returned violates Federal Trade Commission (FTC) regulations, and the eWheels warranty which appears on ShopHQ’s webpage. It states: “Return shipping will be at the buyer’s expense unless the item is damaged or defective.”

It was clear that someone at ShopHQ was unaware or had misread the eWheels policy concerning damaged goods.

Now, you would think that, with ShopHQ selling their scooters, eWheels would want to know about Julia’s experience and help her, right?

Wrong.

With Julia on the line, I phoned eWheels and spoke with Operations Manager, Derrick. After our chat, Julia commented, “He could care less and is so nasty, so sarcastic! He just makes me mad! I worked in retail for years. You can’t treat customers that way!”

I have spoken with few people in his position as unpleasant as this guy. My guess is that he was the founding member of the “Black Eye of the Month” club in elementary school. I would not be surprised if his high school year book describes him as “Most likely to be murdered.”

He refused to pay shipping costs for return of the damaged scooter, instead, proposed sending her a replacement seat – not even knowing if it had sustained other damage.

Anyone considering an eWheels product absolutely must read Yelp and Better Business Bureau reviews.

Angel steps forward

Realizing there was no hope with eWheels, early in the evening of March 24th, I left a detailed voice mail for Cathy Bauer, Director of Customer Solutions at ShopHQ and asked her to look into Julia’s situation.

Talk about customer care — within the hour she called back, and this had to be around 9 PM Chicago time.

Cathy promised to immediately look into the matter, and do what was right for Julia.

Within 24 hours arrangements were made to pick up the scooter and ShopHQ issued a credit to her Citibank credit card account.

So, would she do business with ShopHQ in the future? “Yes, and I would get informed about warranties and return policies of before buying.”

Credit over debit

Especially during the past year, TV shopping has proven itself to be an essential service, with the better known channels having excellent Better Business Bureau ratings. That said, you’ve got to protect yourself when making a purchase, and that means, whenever possible, using a credit card that allows a charge to be contested whereas a debit card usually will not.

Cathy acknowledged, “Mistakes can happen and we try to correct them as soon as possible. Julia’s situation was the result of one of our people not being aware of the return policy for the scooter. We’ve been around for over 30 years, have an A+ BBB rating, and plan to be here 30 more.”

I’m sure they will.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post A closer look at the perils of shopping on the boob tube
 appeared first on Dennis Beaver.

“Mr. Beaver, I was recently put in charge of sales for our plumbing supply company. While I have a great deal of product knowledge and have been in sales for decades, I am unsure of myself in this new role. Do you know of something out there that would help transform me from a sales guy to someone who can impact our growth, something like a business executives cookbook? Thanks, ‘Rob.’”

I do indeed, and cookbook is the best way to describe one of the best reads of any business book dedicated to sales that I’ve been asked to review.

Out this October … “The Growth Leader: Strategies to Drive the Top and Bottom Lines,” by Scott K. Edinger, reminds me of the Good Housekeeping Cookbook in its accessibility and practical approach to guiding sales executives toward attainable, positive outcomes.

Edinger bridges the gap between the needs of a business leader in the abstract, and the practical requirements of a sales staff out in the field. This is not a theoretical discussion of leadership concepts, instead, it is hands-on “here’s what to do and why,” which is free from much of the mumbo jumbo often found in “leadership” books.

I had a chance to sit down with Scott and look at what will negatively impact Rob’s plans to increase growth and profitability of his company.

What a Leader in Rob’s Situation Must Avoid

(1) Resist the urge to just push your sales team out to sell more.

Why? Merely increasing sales volume sacrifices the quality of the interaction between the sales team and your customers.

In a consultative or solution oriented business, more activity doesn’t always mean more sales or better results, as it does little to develop long-term relationships with your customer.

That cannot be over emphasized; your sales team is the voice of your board to the people who keep the lights on – your customers!

So, view and treat your sales team as an integral part of the organization, not just order-takers. While more sales activity can drive more transactional business, that is less valuable in the long-run.

(2) Don’t use compensation as the substitute for leadership.

Executives are fond of saying, “I’ve just got to make sure I compensate them right, and then they’ll do everything I need them to.”

However, compensation doesn’t make people better. As an executive, you need better selling interactions that help customers to see things differently, by helping them with expertise and insight your sales team can bring to the table.

You want customers who consider your people as problem solvers. Just rewarding sales alone does not encourage your employees to see themselves in that role.

Anybody who has sold something that has uniqueness or customization knows that experience of being with a customer and hearing, “Oh, wow, we can do that? You’ve got something that’ll do this? Interesting! I hadn’t thought about that. I came to you asking for an X you’re coming to me with X, Y and Z and it’s so much better because of what I need!”

As problem solvers, your people are able to propose products and services that may cost a little more, but which address the customer’s real needs. So, it becomes building a problem-solving relationship with a customer that will often lead to the sale of so much more.

(3) When recruiting, don’t hire Mr. /Ms. Popularity and be seduced by charisma, or personality. Believe that only men are great salespeople. Fail to show appreciation!

At one time, having a sales personality was about being friendly, gregarious and entertaining. Today, strategic problem-solvers are far more important to a sales organization than a person who is personable on the golf course.

Business people don’t rely on friendship or collegiality that much since the pandemic.

Instead, it’s about how they create value. Sales has become a strategic role. So, don’t hire based on personality or popularity. Instead, hire based on depth, on people who are well-educated, articulate, and above all else, are curious, interested in your product or service, and love dialog, discussion, and helping.

Importantly, we need to get away from the vision that selling is very male. In fact, of the top performers on my own teams, more than half were women. And why?

It’s empathy and understanding. Women tend to score higher for aptitude in this arena. It is what allows a seller to make a connection and able to understand the buyer’s needs and provide a better solution.

Edinger concluded our interview with a message for all people in a leadership role:

“Show appreciation and validate the great things all of your people do for the company, especially sales teams. They truly are the ones who keep the lights on.”

“The Growth Leader: Strategies to Drive the Top and Bottom Lines” is as enjoyable a read as was my chat with the author. It is the best business-sales cookbook you’ll ever find.

The post A cookbook for new sales executives appeared first on Dennis Beaver.

“Recently, the insurance property adjusting firm I work for hired a brother and sister, ‘Jack and Jill,’ who are competent, but their behavior around our supervisor, who is a bully, is creating a toxic environment. They are the very definition of suck-ups.

“To avoid burnout, there is an understanding with upper management about the number of hours a week we should work, which the supervisor hates. Even though it’s clear they aren’t happy being stepped on, Jack and Jill do whatever he wants, even working entire weekends, making the rest of us look lazy.

“When they praise his drive and work ethic — openly, so we hear the compliments — I just want to puke! We are all wondering why these two are so willing to be doormats. I heard Jill whisper to her brother that the supervisor reminds her of their dad. So I am thinking, ‘They are acting like victims of domestic abuse.’

“Is there something the rest of us can read that would help in understanding the dynamics and what, if anything, we can do to help them? They do not seem to be able to just say, ‘No more,’ and people are talking about quitting this place. Thanks, ‘Leon,’ on behalf of my coworkers.”

The need to please can be related to domestic abuse

“Dennis, your reader has very good insight,” says Los Angeles-based clinical psychologist Dr. Ingrid Clayton after I read her Leon’s email. “This sounds like people who were exposed to domestic trauma, learning to please and appease an abusive parent. We call that ‘fawning.'”

Clayton is the author of Fawning: Why the Need to Please Makes Us Lose Ourselves — and How to Find the Way Back, which will be published in September.

I was sent an advanced copy of this fascinating book that shines a spotlight on why we sometimes bend over backward to please a jerk, or, as Clayton notes, “to at least get that person to leave us alone, because we are afraid.”

Saying ‘yes’ when ‘no’ is called for

We’ve all known someone who was unable to stand up to unfairness at home or on the job, who caved in, saying “yes” when “no” was called for, ultimately trying to avoid some type of feared or perceived harm by appeasing the abuser.

I’ve seen this kind of conduct often in my law practice and always wonder and sometimes even ask clients: “Why are you caving in?”

Clayton’s book helped me understand how a series of life events steals from so many people what the Cowardly Lion was searching for in The Wizard of Oz — courage.

She gives us a key to understanding this disturbing element of behavior. Fawning is an insightful read — a true eye-opener — for business majors, HR consultants, managers at all levels and families who are frustrated by actions they don’t understand.

“Dennis, fight, flight and freeze are responses to perceived physical or psychological threats,” Clayton says. “But now, we are aware of the fawn response, which can become an ingrained, harmful behavior.

“Fawning is a people-pleasing strategy to stay safe by appeasing others. And, yes, while compassion and empathy are important life qualities, excessive and unhealthy fawning often results in blurred boundaries and difficulty asserting one’s needs.”

Consequences of people-pleasing

Clayton makes clear that being a “people pleaser” 24/7 has no upside. “Continually attempting to ‘look good’ in other people’s eyes comes with a high price: Chronic fawning means you lose yourself, and that can take a serious toll on your emotional well-being and is associated with anxiety and post-traumatic stress disorder (PTSD).”

So, if you are a fawner, what price do you pay? According to Clayton, the list includes:

• Saying “no” can be virtually impossible, as you are unable to set boundaries to requests.

• You put yourself last and the needs of others first. This eventually eats at you.

• You avoid conflict at all costs, allowing small issues to grow massively.

• As people take advantage of your apparent “yes” to all requests, you become resentful.

How friends, family and coworkers can help

I asked Clayton, “What approach can friends, family and coworkers take that might help?” She had these suggestions on what to say:

• “I’ve noticed you’re bending over backward to keep the peace with so-and-so. Are you doing okay?”

• “It seems like you’re carrying a lot of weight around here. Do you feel like you have to?”

• “Is there any way I can support you?”

“These aren’t confrontational statements,” Clayton adds. “They offer care, awareness and can help the fawner begin to reconnect with their own values and boundaries. The key is to validate their survival instinct while inviting reflection: ‘You’re doing what you need to do to get through this.’ And, ‘what do you need to feel more like you at work again?'”

After reading Fawning, I couldn’t help but think, “I wish I’d known this when I was in law school.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Are You a Doormat at Work? The Hidden Cost of Excessive People-Pleasing appeared first on Dennis Beaver.

“Shirley,” from Atlanta, wrote: “Your recent articles about becoming CEO in a family-owned business and how not to treat your sales staff if elevated to a management position are especially relevant to our situation, and I could use some guidance.

“My father-in-law, ‘Big Al,’ was CEO and ran our ‘point of sale’ manufacturing and sales company here in the South, producing products that facilitate the sale of all sorts of things, such as in-store displays, eye-catching price tags, to fill-in-the-blanks advertising copy.

My husband, ‘Little Al,’ was in charge of the actual manufacturing end of things and had little contact with salespeople.

“After Big Al suffered a disabling stroke, our board elevated my husband to CEO, which has proven to be problematic.

“When it comes to emotional intelligence, Big Al is so warm, always showing appreciation for everyone here, especially our sales staff. My husband thinks that by just paying people appropriately, that’s all they need.

“We have lost two key people because, I believe, he just doesn’t get it or care that people need to be appreciated and their suggestions given serious consideration for the good of the company. We both read you on Kiplinger.com. How can I help him join the feeling human race?”

It’s about more than just being polite

I ran Shirley’s question by two friends of this column, Southern California-based HR consultants Marinor Ifurung and Tim Moreno at the law firm Klein, DeNatale, Goldner.

They were eager to offer practical insights and recommendations, and gave me permission to play the recording of our interview for the couple.

Tim: The consequences of underappreciation and the failure to maintain positive company cultures is why good people are lost. Employees want to work for and with management that is appreciative and expresses it in a variety of ways, “Thank you, for being part of our organization. We value you.”

This is far more than merely being polite — these qualities help to define the workplace as where you want to be.

Marinor: Employers need to realize that it is not just what you pay your people that matters, but there’s a profoundly human need most of us have for our work, our contribution, to be valued and appreciated. Both academic research and real-world experience reveal that without this validation, the effort and desire to do not just a good, but an exceptional job will decrease.

Employers want top talent and competent, reliable employees. A culture of recognition, validation and appreciation is essential to attract and retain these people — and it starts at the top. While there are some employees who do not need or care about that recognition, HR people across the country are finding that more and more do, and leave in its absence.

Tim: We’ve all heard the expression “happy wife, happy life,” and the same thing applies to employer/employee relations. I see a correlation — the happier the employee, the less litigious that employee will be. That is an issue of real significance that can’t be overstressed.

Pay is important, but we are finding that when employees are surveyed anonymously and asked, “What is it that makes you look forward to coming to work?” compensation does not rank high on the list. We’ve found that, for example, where a firm down the street pays slightly more, but where management has created an environment you want to go to every day, most employees comment that pay is secondary.

We hear, “When I come to work, I can do my job, feeling part of a team, having a goal to bring my very best to this terrific company.’

Tim’s and Marinor’s Recommendations

Tim: In a small organization, good morale depends in large part on transparency and an atmosphere of trust. Employees need to feel able to voice concerns — either directly or in an anonymous fashion — without worrying about their job security.

We have found that when employees are encouraged to find ways of just doing things better, it is like a giant shot of vitamin B12. Everyone has a sense of being valued, listened to and their recommendations and opinions respected.

An employer who has a long-term outlook recognizes, rewards and encourages exceptional performance — and, when possible, their recommendations are fast-tracked, proving that management is listening and paying attention.

Marinor: In concrete terms, people love birthday parties, company BBQs, outings to theme parks, gift certificates, and doughnut Fridays, good-quality snacks — and the list is endless.

In place of these nice, fancy things, the simple, one-on-one, “Thank you. I got your report. It looks great,” doesn’t cost a thing, but is often the best gift of all, making the employee feel wanted, needed and valued.

After Playing the Recording

“Al,” I said, “just try those suggestions and look for smiles in return. See how good you will feel. Go through the motions, and the emotions will follow.”

The post Are you an emotional miser with your employees? appeared first on Dennis Beaver.

What are your legal rights, and a car dealer’s obligation concerning vehicle registration?

Learning some of the possible legal consequences of driving a car that lacks current registration wasn’t what Joe had in mind when he purchased a 3 year-old Toyota 4-Runner for his nephew, Abe, who drove it for a local chauffeur service.

But there was a problem, as Joe explained:

“I bought in February from one of the largest Toyota dealers in our town. We were told that it was a trade-in from a customer who was unable to locate the vehicle’s registration or title, but not to worry, because if she didn’t bring it to them, they would apply to DMV for a replacement.

“They issued a temporary registration which was taped on the passenger inside windshield.”

The car had no license plates, “as they were personal to the customer, and were transferred to the new car she purchased.”

Abe immediately went to work and, as his employer had a contract with the two country clubs in town, “I earned a very good income, both as an hourly employee and from healthy tips,” he said.

Time Limits to Legally Drive with Temporary Registration

While time limits vary state-to-state, in general, buyers are able to drive the vehicle for a limited time on a dealer-issued temporary registration.

Joe’s credit union financed the purchase and required full-coverage insurance with them listed on the insurance policy as lienholder.

Despite repeated calls to the dealership, asking “Where is the car’s registration?” Joe was assured by the used car sales manager, “We are working on it, but our customer isn’t very cooperative, and in fact, the new car we sold her had to be repossessed due to checks bouncing and a failure to keep monthly insurance premiums current.”

What Abe and Joe are facing

Not having valid, current registration on a vehicle is nothing to sneeze at because:

(1) Police can stop and ticket the driver as unregistered vehicles may not be driven legally on public roads.

(2) An owner faces parking violations, towing and impounding if the vehicle is found on or operated on public roads.

(3) Fines can range from $250 to $3,000 or more, depending on the state and any prior violations.

(4) Penalties can include being arrested, doing time in jail and possible impounding the vehicle, points on a driver’s license, and suspension of the license.

(5) If auto insurance was issued under a temporary registration, coverage could lapse, depending upon the carrier. Driving a car without insurance is its own violation of law.

Be Patient

In their state, 90 days is the limit of validity for a dealer-issued registration.

Abe had been driving the 4-Runner since February. “But I just received notices from my employer and auto insurance, that unless the vehicle was registered in my name before the expiration of the temporary registration, insurance would be cancelled and I could not drive for the company. Every time I call, the used car sales manager just says, ‘Be patient, we are working on it.’

“But my family depends on that income. Can you help us?”

Not Who You Know But Who Knows You

It would have been easy to just send Abe and Joe down to their local DMV investigations office and file a complaint against the dealer who had the legal duty of providing them the registration.

But that would take time and Abe would be out of a job.

Instead, I set up a conference call with Joe, Abe, and the dealership, asking to be connected with the general manager but was transferred to his assistant.

When “Sheri” came on the line, I just said, “My name is Dennis Beaver and I am not representing your customers, but as a journalist, trying to help them,” and outlined the problem.

My next call was to the manager of Joe’s credit union.

“Joe, your customer, really needs your help. The Toyota dealer appears unable to produce registration on the 4-Runner you financed, and he will likely stop making any more payments. Would you please call the dealership and do what you can to help Joe?”

A Little Patience Was Called for Now

“So, what do we do now?” Both Abe and Joe asked.

“We wait for our phone to ring, and my prediction is no more than 5 minutes. You are about to see what is meant by the power of the press.

Three minutes later the Toyota general manager called:

“Mr. Beaver, please tell them to bring the car right over to us, now if possible. We will unwind the sale, refund all of their payments and insurance premiums they paid. And thanks for handling this the way you did.”

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Auto dealer failed to provide registration appeared first on Dennis Beaver.

“Bruce” is CEO of a Chicago IT company with over 60 employees, where “over the summer of 2021, a very bad feeling began to take hold,” he told me in a lengthy phone call.

“Suddenly a great lack of trust became apparent. Some of our most gifted people complained of feeling ignored, not valued, not listened to, their ideas stolen by management, and being treated unequally – and it wasn’t racial.

“The trial of Officer Derek Chauvin for killing George Floyd seems to have let the steam out of a pressure cooker, and people are openly telling me they feel victims of bias on the job. Our HR department has no idea what to do.

“Do you know of a book on this subject that I can have our managers read, something that will help them identify their own, unfair, biased treatment of staff, because I believe we’ve got a real problem.”

Bias – Invisible until It Isn’t

That phone call could not have come at a better time as I had just finished reading the answer to my reader’s request, Bias Interrupted – Creating Inclusion for Real and for Good, by Joan C Williams, distinguished professor of law at the University of California, Hastings Law.

Her book made me aware of how we can all be incredibly biased against or for someone or something. When it happens on the job, there are no good outcomes.

I asked her to outline some of the most commonly found types of bias that are easily identifiable:

1 – Prove it Again Bias – Where women and minorities have to prove their skills and competence more than White men.

Consequences: For women and people of color to be promoted takes longer because they have to provide more evidence of being equally competent – proving themselves repeatedly just to get the same recognition that others receive.

White, male employees are more likely than any other group to be judged on their potential — as opposed to real accomplishments.

Performance evaluations should be based on specific competencies, according to a published standard, with evaluators giving at least three pieces of evidence to back up their rating.

Also, records should be kept of who is seen as having potential and then matched with their actual accomplishments.

2 – Failure to understand how “Walking the Tightrope” makes office politics more complicated for women and people of color.

Consequences: Without finding ways of being authoritative and ambitious that are seen as “appropriate,” while minimizing the risk of being perceived as “difficult, aggressive or intimidating,” women walk a tightrope between being “too masculine” and “too feminine.” So the need to “self-edit” is very high.

When we think of accomplished scientists, physicians, lawyers, CEOs, etc. their excellent — authoritative and ambitious — performance is often associated with masculine qualities. That’s often an issue for women, who are expected to be feminine.

If women are “too masculine,” they are respected but not liked; if women are “too feminine,” they are liked but not respected.

Add to this the reality that White men are seen as a good match for glamorous career enhancing assignments, while women and people of color are seen as a good match for support roles.

3 – Maternal Wall Bias – when colleagues view mothers — or pregnant women — as less competent and less committed to their jobs.

Consequences: Women’s career opportunities wither after they have children and they leave in frustration which costs businesses enormously.

This is a major problem for women’s career advancement. The solution is for supervisors to not to make assumptions about motherhood and career aspirations.

Organizations should make family leave available equally for mothers and fathers. Additionally, do not favor employees who work on-site while penalizing those who work from home, especially if they have children!

4 – Racial Stereotyping – Different groups of people of color encounter specific racial stereotypes.

Consequences: Asian Americans will often be hired but not advance to leadership. Latinos and Black processionals will often be treated so disrespectfully that they leave. The solution is to not stereotype but to treat everyone with respect.

Asian Americans are seen as good at technical work but lacking leadership skills. Latinos may be seen as “too emotional” for showing behavior that, in a White man, would likely be seen as a career enhancing passion for the business. Black Americans report high levels of isolation and disrespect.

How do I Identify and address the Problem?

“Bias Interrupted” is a great first step, as it shines a brilliant light into the somber room of bias and prejudice at work.

But there is something else, something so needed, that Professor Williams stands for and that you just can’t miss in her book, and that’s her message of basic, fundamental fairness.

When we can see in ourselves unfair, biased behavior towards others, we will have the power to interrupt it. That powerful message may influence her law students at Hastings to think less about winning at all costs and more about building a more just, less biased society where being fair to each other is a goal.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Bias – a ticking time bomb in your organization appeared first on Dennis Beaver.

“The fires and storms of 2022 was one of the most costly years to the insurance industry, leading to the failure of several companies across the country. Unlike, ‘What happens in Vegas stays in Vegas,’ where property insurance is concerned, what happens anywhere across the country has the potential to impact the rates that we all pay for coverage,” observes Los Angeles-based insurance broker Karl Susman.

A longtime friend of this column, Susman has been an insurance broker for over 30 years, holds a master’s degree in insurance management from Columbia University and serves as an expert witness in lawsuits involving coverage and agent mal-practice issues.

Rates Increasing, some Important Coverages being Trimmed

“Dennis, for your readers who will acquire either a new or renewed homeowners or a commercial policy in 2023, they have an important obligation to themselves: It is being aware of and understanding the coverages they are paying for. This is a time to carefully – not just read, but study – your insurance policy, as some coverages that were fairly automatic may no longer be included as standard in your policy.”

Susman listed several important coverages you need to considser:

(1) Guest Medical Coverage:

Both your homeowners and business policy absolutely should have Guest Medical No-Fault coverage. This will pay regardless of why a guest in your home or business gets hurt and incurs medical bills: No lawsuits, no questions asked, their bills are paid.

He underscores, “Take the maximum coverage amount you can obtain as the cost per year will be less than two drinks at Starbucks.”

(2) Event Insurance – Wedding Cancellation Coverage

What if I am planning on having a large event at my home or business?

“Event Insurance Coverage is a wise – and inexpensive investmen – $200-$300 that helps protect you from liability in case someone is injured or damages the venue’s property. It can also include liability for liquor should you be serving.

“Most insurers also offer cancellation coverage for weddings, which reimburses non-refundable lost deposits if you must cancel or postpone for reasons beyond your control, but not for ‘cold feet.’ Coverage for presents, photos, a wedding dress, tuxedos, and other items is also obtainable.”

(3) Do You Have Adequate Coverage for Jewelry?

“Unfortunately, most people are unaware that in most policies, jewelry is covered up to $1,500, no matter where it is located. However, it is possible to obtain a jewelry rider that covers, for example, expensive items in a safe deposit box that you take out for special occasions. It is extremely important to contact your agent or broker to let them know you’re taking them out of the vault to be worn.”

Also, from the tales of bewildered readers who have had the contents of their safe deposit box vanish, be aware that contents are not insured by the financial institution or FDIC. And your bank will disclaim all responsibility.

Drugs, Minors, Illegal Substances or Acts

“Keep in mind,” Susman notes, “That as a general rule, illegal substances or intentional acts of wrongdoing are not covered by insurance. If someone in your family is out ‘Breaking Bad’ do not expect your insurance company to step in and protect you.

“Marijuana is a drug, legal or not, and if you’re providing it to your guests, you’re assuming a risk that your insurance company will refuse coverage for if they get high, damage your things or leave and damage property of others or people are injured.

“If you are unsure about the legalities of ownership or use of personal firearms, check with a local office of the ATF – Alcohol, Tobacco, Firearms. Don’t look for insurance to bail you out of something that is illegal.”

Practical Suggestions to Avoid Cancellation

“To save on premiums, insurance is a product you must try to avoid using, and you do not want to be cancelled for something you failed to do which resulted in a huge claim. So, offer to pay for Uber or Lyft if your guests have had too much to drink.

“You don’t want anyone driving intoxicated for their safety and of others as well as the potential for you being held responsible if they became inebriated on your premises. It’s also a good idea and very considerate to have non-alcoholic beverages and mock-tails on hand for people to be able to stay sober while avoiding the social stigma of not drinking with the crowd.”

Susman was quick to underscore the importance of dietary restrictions. “If you are informed of peanut allergies and choose to ignore the warning, realize that a single peanut could send a guest into anaphylactic shock and a lawsuit is likely to result.”

Don’t Miss a Payment – Do What They Recommend

Most of us have been a day late or even missed a premium payment, received a lapse notice, quickly made it up and were reinstated. “Do NOT expect that to happen in 2023,” Susman warns. “Regardless of the reason you missed that payment.”

It is no secret that companies are trying to lower their exposure to risk, given the huge losses in 2022. Fewer payment plans are available, meaning you’ve got to write a large check at once versus making payments over time. So, if you can’t pay in full, for many people this means no insurance.

Additionally, as several of my readers have commented, letters giving them specific instructions on how to make a loss less likely are being received from their insurance carriers, often concerning trees and branches overhanging roofs.

“This increases the risk of a fire reaching your home as well as damage to the roof itself from the limbs and foliage. Therefore, see to it that this is remedied immediately or you risk cancellation of your policy.”

Susman’s advice? “Do what they say. It is common sense. Don’t be a cheapskate.”

Increase Your Limits

Susman concluded our interview with “peace of mind” advice.

“Given the increased costs of everything, it is important to have adequate limits. You can easily call your agent and say, ‘Increase my coverage since things are costing more money and taking longer to be repaired.’ It is the safest move you can make right now in world of insurance uncertainty.”

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Big changes coming in 2023 for business and homeowners insurance appeared first on Dennis Beaver.