Let’s say you’ve been a regular contributor to a charitable organization, possibly a church or some recognized non-profit as you believe in their objectives. Then, suddenly, that organization does something that you completely disagree with. Can you legally obtain a refund of your most recent contribution?

That was the question that a Hanford reader asked in a very upset tone of voice a little past 9 in the morning, one recent Thursday. Her name is Cindy, and her phone call sounded like this:

Pardon my calling you at home, but I read your column every Sunday in the Hanford Sentinel and know that you have had a great deal of on air media experience. Would you tune your radio to KVPR now? I have been a regular supporter of KVPR for years, as it is a Public Radio Station and depends on financial assistance from listeners. They have excellent programming with, announcers and other on-air people who have good technical skills and who understand that listeners expect to hear the English language used correctly. But there is some clown on the air right now who I can’t understand, and frankly, it makes me wonder what the station’s management was thinking in allowing someone with such poor skills to step into a recording booth! Listen and I’ll wait.

I did as requested and at first thought that I was hearing a comedy skit, or a parody of a radio interview. Like my reader, I, too, listen to Fresno-based KVPR, Public Radio, and believe they do a fine job, putting good voices and competent journalists on the air.

After having spent approximately 20 years on air in radio and television as a legal affairs reporter, I know what sounds professional. From a technical point of view, this was completely unacceptable radio in my opinion.

The topic was interesting – California Agriculture – but the reporter’s delivery was so marred by heavily accented, poorly articulated, incorrectly stressed English, that it became a cross between irritating and comical.

As the KVPR Web site archives programs, later that day I played this one for clients – and you should have seen the looks on their faces. Curious as to the station’s comments, I phoned and discovered; (1) he has been on the air for several weeks, (2) and there have been complaints about his delivery, some from their very own staff!

Can we get a refund of our donation?

“My husband and I have supported Valley Public Radio for years, and friends have heard the station thank us on air for our donations. But I do not want to have anything to do – or to be associated in any way – with a radio station that willfully allows butchering of the English language. This has nothing to do with nationality, the race or color of the announcer, but it has everything to do with having respect for language and your listeners. Today, every major network has on-air journalists from all over the world and yet they have good spoken language skills. They speak standard American or British English, but this stuff at KVPR is insulting to anyone who respects language. Am I within my rights in asking for a refund of our last contribution and telling them to stop using our names as donors?” Cindy asked me in all seriousness.

These questions do come up from time to time, especially when a church or other charitable, non-profit organization changes its focus or engages in activities that are different from what led supporters to contribute in the first place. It is only natural to withhold further donations, and if the changes in direction are sufficiently dramatic, asking for a refund might be appropriate. However, obtaining that refund is another matter and can be a real challenge, as basic issues of the law of both gift and contract become involved.

A legal analysis

“One of the problems that management of any non-profit faces is the nature of the gift in the first place. If it was for a particular project or program that was canceled, then it is not only reasonable but expected to at least contact the donor and ask if they would like the money returned, or if it can be used for a related purpose,” Bakersfield Attorney Jennifer Adams told me when I ran the facts of this situation by her and played a portion of the interview. She specializes in non-profits and foundations.

“Charities and all non profits are required to hold contributions in trust. It’s important to understand that once a gift has been made, one that is not conditional for a certain project, there is no right to a refund. As long as the charity or organization remains in the realm of its stated purposes, merely because a donor does not like what the charity is doing there is no legal basis to get your money or property returned.”

“I am sympathetic with your reader, and also find this reporter’s style objectionable, but the better approach might simply be to pick up the phone and call the station immediately, and tell them how she feels. It is certainly appropriate and will shine a light on the problem. She should talk with someone in management at the station, just to be sure the message reaches the right people,” Attorney Adams recommends.

It will be interesting to see just how KVPR will handle this situation, or if they even understand the significance of a handful of calls.

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

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“I practice medicine near a small farming town in northern California. People think of me as something of an old-fashioned doctor. With patients who have no health insurance and not much money, I don’t charge or have accepted more grapes and bags of potatoes than you can imagine,” his e-mail began.

“When I treat these patients, I tell them from the very beginning not to worry about paying. We have wonderful, close relationships with entire families. It is what makes medicine so rewarding. You can tell that money isn’t what motivates me, but now I am feeling like a sucker.

“Some feel a bit guilty about accepting our care without payment, insisting on paying it. When that happens, I tell them to just make a donation to one of our churches, a recognized charity, or, better yet, to a local scholarship foundation which helps to send kids from our area to college. I let them know what our bill would have been, and leave the amount of the donation entirely up to them, only asking to know when and to whom their gift was made. It’s our little bargain, and simply spreads good will and the spirit of giving back,” he continued.

“There is one family who I treated at no cost, and they promised to make that donation. It has been months since I last saw them, and while they have phoned to have prescriptions refilled, they have yet to keep their word. I am aware they have the means of making that contribution. This has me feeling used, and I wonder what the law is in this kind of a situation. Can someone be forced to make a charitable donation? Do you think I am wrong to feel this way? Thanks, Dr. Sam.”

“This is a much more common situation than most people would ever think, and it does raise a number of interesting legal issues,” Charlotte Dauphin told me when I read her Dr. Sam’s e-mail. The Virginia attorney has written extensively on enforcement of promised gifts.

“Strangely, these issues come up in the last places you’d expect: Churches, universities and museums. Someone makes a pledge to donate money for a church building fund, or to support her university. She changes her mind, and then instead of brotherhood and goodwill, you wind up with a nasty lawsuit.”

She began her analysis of Dr. Sam’s situation by asking a key question:

“Is the doctor asking his patient to make a gift, or is this a contract? The differences are huge and influence what the doctor can or should consider doing,” she pointed out.

“It’s pretty much common sense that you can’t force someone to make a gift. Suppose I tell you that next week it will be my treat for dinner at your favorite restaurant. Clearly, this is a promise to make a gift — I’ll pay for your dinner. But I never call. While a social disappointment, obviously it’s not something you would ever think of suing on. Why? Because it lacked the formality of a real contract, and you’ve lost nothing, in fact gained something — a better understanding of who I am, someone who just spouts nice offers with no intention of honoring them.”

Attorney Dauphin explained that the promise “I will give $5,000 to my church for its building fund,” may be enforced in some situations, but not in others.

“Churches, and universities typically advertise the names of donors to other members which encourages more donations. When enough pledged donations are received, assuring adequate funding, a construction contract is signed. If members were permitted to make these kinds of pledges and then just walk away, we would have law suits against charities popping up far too often. If a charity can demonstrate that it has relied on the promise, then many courts will hold a donor to his bargain.

“That’s why it is so important to think over carefully the consequences of making a pledge. There can be a great deal of subtle pressure to commit financial support, and there’s nothing wrong in taking time to reach a decision,” she recommends.

“Be really careful of television or radio pledge drives. Sure, supporting worthy causes is important, but I just don’t want people to get trapped by glitzy advertising. When you call those 800 numbers and pledge, if you later change your mind, you’ll be dealing with a collection agency and possibly being sued,” she warns.

What is a gift? What’s a contract?

A gift is generally seen as a voluntary transfer of property without any compensation. If it is a, “I will give you this, and you will do that for me,” situation, then it’s not a gift.

As Attorney Dauphin notes, “If the doctor is asking for something in return for his professional services, then it’s a contract. However, he gets himself into trouble because no specific amount of the expected donation is ever discussed. So, if this ever wound up in court, how could a judge render a decision for some amount? Courts do not speculate as to what services are worth.

“The doctor who reads your column has contributed a much needed service to his community. There is a certain type of person who will take from that doctor, making promises to give, and then walk away. Ultimately, the doctor needs to accept that human nature has an ugly side.

“This is not the type of situation which should ever find its way into court. Sometimes we are better off not knowing if that promised donation was ever made,” Attorney Dauphin concluded.

To that, I add the following: Life has a way of dealing with users, sometimes dramatically. Bad things happen to dishonest people, if we wait just long enough.

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

The post Making them keep their word appeared first on Dennis Beaver.

In memory of dad, a family donates a baby grand piano worth $15,000 to their church and receive a charitable tax deduction.

Fours years later, a power struggle develops and some members decide to form their own church, including the family who donated the piano.

Their son insists the original church return the piano, stating: “Mom wants it for sentimental reasons as she loved dad and realizes how important it is to her.”

It is felt that the piano would surely reappear in the new church.

“Could they successfully go to court and seek recovery of the piano?”the elders asked You and the Law, and we in turn spoke with Missouri attorney Richard Hammar, the editor of Church Law and Tax Report who is recognized as one of our country’s foremost experts on church law.

Blending the skills of an attorney with a profound desire to be fair, to seek justice, and if at all possible, stay out of court, Hammar expressed confidence that the piano will remain where it is.

“Regardless of the religion, church power struggles often result in some pretty bad behavior, often with threats of marching off to court. But that rarely happens — or can happen — and for a good reason which The Founding Fathers of our country understood.

“Thomas Jefferson wrote about the need for a wall of separation between church and state, and the result was to both encourage religious freedom and at the same time to become a barrier, a “You’re Not Welcome Here” doormat, keeping most church disputes out of our courts,” Hammar points out.

“This stems from the concept of church autonomy, central to the First Amendment guarantee of religious freedom which makes courts very hesitant to get involved in internal church disputes, such as this would be.

“Additionally, in our legal opinion, even if a court allowed itself to hear the case, that piano isn’t going anywhere as the law would see it as a gift.”

Want it returned? Watch out for nasty tax consequences

“A gift,” Hammar explained, “is a complete transfer of all of the donor’s rights and title to the item or money donated. To say that the donor has any right to a refund or return of the item is completely contrary to the concept of a gift, unless that right has been specifically reserved in a trust-type document, which is rarely done,” he points out.

“The other significant problem is that returning a gift is contrary to the concept of a contribution to a charity. It would cause tax consequences for the family, requiring an amended tax return to be filed and the church may need to issue a 1099, reporting return of the piano as income. Then there is the problem of inurement — a principle contained n 501(c)3 of the tax code under which churches are exempt. None of the assets of a charity can inure to the private benefit of an individual.

“So, if the church gives up this asset, its tax exempt status is now in jeopardy, and they better set up a refund department when others ask for donations back. If you go down that road, there is no end to it. This would lead to chaos. I would tell them to not even think of going down this road,” Hammar strongly advises.

Do bylaws exist to cover these issues?

Newport Beach attorney Julian Bellenghi specializes in church litigation and agrees with Hammar that “The piano isn’t going back to mom or her family, unless there were some conditions — in writing — attached to the donation, which you just don’t see with these kinds of gifts.

“But when churches split up, at times who gets what has been already set out in bylaws of the greater church organization, if they belong to one. A split off, and determination of who is the real church, will be governed by the bylaws of the existing church or their hierarchal organization to which it belongs, if at all,” he notes.

“And if lawyers get involved? The value of the piano is chewed up in legal fees, which could never be justified,” he adds.

Both Hammar and Bellenghi asked that we take this message to both sides:

“Read First Corinthians, Chapter 6, verses one through 8. Horrible disputes had infected the early church historically. Paul is criticizing the Corinthians for taking these matters to the civil courts, and leaves this message:

“The ultimate principal of our religion is love and that is absent from the courts. Christians who take disputes to the court portray a version of Christianity which is contrary to its most basic tenets.”

We delivered the message.

So, gifts are serious business, but what can happen when a pledged donation isn’t made?

We’ll have the answer next time.

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

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For some business owners, “The American Dream” is more than the freedom to achieve prosperity. To these entrepreneurs, it is the ability to have a real impact on individuals in meaningful ways. Often, they accomplish these goals by starting some kind of 501(c)(3) non-profit, tax-exempt charitable organization.

That’s what “Karl” wants to do:

“I am a Swedish-American from the small ‘Swedish’ town of Kingsburg, California. I am now living in a large, Midwestern city, where I met and married my lovely wife who is from the south of France.

“We want to create an educational foundation offering travel/study scholarships for high school students with Swedish ancestry who are taking French classes. They would travel to Sweden over the summer, spending a month, then, on to France, studying at a language immersion school and living with families.

“French high school students would be invited to the U.S. over the Christmas holidays where they would stay in American homes, and, of course, speak only English.

“We would finance this and ask for contributions from groups or schools in France and Sweden.

“Our accountant says that all we need to do to get started is to create a non-profit corporation and can solicit tax-deductible donations immediately. What is involved in setting up a foundation? Do you feel our idea is feasible?”

What Kind of “Foundation”?

We ran Karl’s question by attorney Jeffrey Haskell, Chief Legal Officer at Foundation Source, based in Fairfield, Connecticut. It is the nation’s largest provider of support services for private foundations.

“In states where fundraisers are required to register before soliciting the public at large, a charitable organization that fails to do so may face stiff penalties and incur severe reputational damage that can be difficult to repair,” Haskell explains. “Indeed, some states publish public lists of organizations that are delinquent.”

“Your reader says he wants a ‘foundation,’ but he needs to decide if he wants to set up a private foundation or a public charity. Although both private foundations and public charities might have the word ‘foundation’ in their name, and both are classified as tax-exempt, 501(c)(3) organizations by the IRS, they have a major difference: the source of their funding.

“Whereas a public charity, like The Make-A-Wish Foundation, gets its funding from the general public, a private foundation, like The Bill and Melinda Gates Foundation, derives almost all of its support from an individual, family, or corporation,” he explained.

Not a Piece of Cake

Having charitable ideas and goals are one thing, but fund raising–finding the money to turn the couple’s wish into reality–is something quite different, as I learned.

“If they established this organization as a public charity, they would need to register in every state where funds are actively solicited.” Haskell points out. “They would also need to constantly be fundraising to maintain their status as a public charity.”

Of course, that’s a lot of work, and he suggests that establishing a private foundation might be a better alternative.

“If they are personally able to provide most of the funding, a private foundation would be an ideal choice because it would eliminate the fundraising hassles while enabling them to be hands-on and to make decisions about who receives the awards.”

Suggestions for Pursuing Either Option

While the many considerations around establishing a private foundation or public charity are beyond the scope of today’s story, Haskell provides some important guidance for those who want to establish either a private foundation or public charity:

–Perform a needs analysis. Is there a need for what you want to do, or is it already being addressed by another organization? If so, can you partner with them?

– If you decide that it is a “go,” retain a lawyer who specializes in charities and non-profits or a firm that establishes and manages private foundations. Because tax-exempt organizations are subject to strict regulations, it takes knowledge and careful oversight to remain in compliance.

––Carefully define your charitable purpose. Whether to help focus your own grant-making or to explain your organization’s mission to potential donors, you’ll need a clear mission statement.

–File for 501(c)(3) Tax-Exempt Status with the IRS.

–Draft a business plan that details how your organization will function.

–Recruit the most qualified people you know for your board of directors.

“Both private foundations and public charities have enormous social and economic impact. Understanding the operational requirements, compliance considerations, and philanthropic capabilities of each can help individuals choose the right type of organization for their needs and abilities,” he concludes.

Do Not Expect Donations from France or Sweden

Expecting donations from France and Sweden could be flawed when seeing where those countries rank on The World Giving Index which evaluates worldwide charitable giving.

Indonesia was first; the U.S. came in as 4th.

Sweden earned 42nd place. France – 72nd place.

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

The post So, You Want to Start a Foundation – Great! appeared first on Dennis Beaver.

“Nicky” (not her real name) is a television reporter in the Southern San Joaquin Valley with a heart of gold. Brilliant at her craft as a journalist, you just stay glued to her news stories as she finds that human touch few others in TV seem to capture.

Her mother’s death of cancer left Nicky with a sense of duty. “As mom taught high school for over 35 years, I felt an obligation of using my position as someone known in the community to raise money for high school girls living in poverty,” she explained during a phone call.

“So, Dennis, I am collecting money for this project, which I have named after my mother. The funds will buy clothing, school supplies, help pay for bus fare, things like that. Can you give me $100?”

As a group, lawyers are pretty generous, so it wasn’t the money that stopped me, but since I knew Nicky–and the consequences to her reputation of illegal fund raising–I asked a question, and it’s an important one that you need answered if someone out of the blue solicits a donation.

Tempe Arizona-based Ellis McGehee Carter of the Caritas Law Group outlines the important legal issues–and questions–anyone wanting to fund raise must understand and be able to answer.

She exclusively represents nonprofit, tax-exempt and mission-based businesses with corporate, tax and regulatory matters, as well as donors with respect to major gifts.

Starting a non-profit is more complicated than most people ever imagined.

“One of the great things about our country is this amazing spirit of generosity, of wanting to support all kinds of charitable causes. But most people do not realize that starting your own non-profit or charity is far more complicated than they could ever imagine.

“You are running a business, which, to prevent fraud on the public, must satisfy several legal and regulatory conditions required by each state and the Federal Government. In general, operating a not-for-profit is far more complicated than running a private, for-profit business, and the headaches can be greater.

“Dennis, I’ll bet you asked if Nicky’s charity was an IRS approved 501(c) (3) charitable organization and was registered with the State of California, which your state, like most, requires.”

That was exactly what I asked, and when hearing that she had done none of this, I told her:

“Please listen to me. It’s a noble idea, but you can’t run around asking people to give you money unless you have complied with the law. You are in the public eye and have something to lose! All it takes is for one jealous co-worker at your TV station to report you to the California Attorney General and you can kiss your career good-bye. Why haven’t you complied with the law?”

News people are rarely naive, but she was. “Oh, a friend heads a group that is a 501(c) (3) and does exactly what I am doing, helping poor high school girls. They have been working with me for a year to establish my 501(c) (3),” she replied.

For a year? Something’s wrong. It doesn’t take that long, and besides, why would a group that does the very same thing want to empower a competitor? Didn’t that seem strange to Nicky? And if they were a proper 501(c) (3) then they would have told her to not solicit money until she was legit!

She didn’t like hearing that, nor appreciated the fact that I was trying to help to steer her clear from legal trouble. As I felt she had honest intentions, I offered her the $100, but she refused and hung up.

No experience? Then work with a Fiscal Sponsor

“We often receive calls from people who have a charitable idea but lack any experience in the complicated world of non-profits. For them, we urge working with a Fiscal Sponsor–which is a fully registered, legally compliant non-profit–so they can test their idea before building an entire infrastructure,” Carter states.

“The Fiscal Sponsor will collect funds which may only be spent for your charitable purpose. The funds are tax deductible, so donors benefit. After a year or so, if it is clear there is support for the idea, which makes sense and fulfills a need, then they are in a better position to incorporate.

“Also, since they’ve legally raised money through the Fiscal Sponsor, funds will be available to get professional help to structure their charity properly.”

Be realistic about how difficult this is going to be

Concluding our chat, Carter offers these cautionary words to anyone looking to walk down the non-profit aisle. “Not everyone will share your passion, and fewer yet will contribute. Philanthropy is a tough business.”

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

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It is so interesting how a sentence or two in an article has the power to open the flood gates of reader comments. And that’s what happened after “Why pressuring employees (with regard to charitable giving) can backfire” ran June 27.

“Your story looked at certain approaches management should avoid as a way to encourage charity by its employees, and briefly touched on something that has bothered those of us who work with charities in the scholarship and foundation offices of universities across the country,” wrote “Earl.”

“For the past several years, donors – the people who make a college education possible for hundreds of thousands of young people – aren’t hearing two of the most important words in any language: Thank you!

“We have an academic concentration on international aid – equipping students with the tools to work in poor countries, helping them improve their agricultural practices. Toward that end, both private and corporate donors send students overseas for a real hands-on experience.

“You would be surprised at the phone calls I’ve received from donors – months after the students returned – asking ‘when are they going?’ So, I’ve asked our students, ‘Did you send a thank you card or letter to the donor?’”

And, you know the answer I get that wants to make me pull my hair?

“Oh, were we supposed to? Nobody ever told us.”

How Were the Croissants?

In May, a group of 10 West Coast university students returned from a faculty-led, two-week “Intensive French” trip to Paris, paid for by a financial services company based in their city. “All were taking French and none had ever been out of California,” emailed “UA.”

“We heard that they had a great time, but not one called our office to say thanks or just come over and share their experiences. To say that we are disappointed is an understatement. Mr. Beaver, do you have any idea what has happened to the desire for showing appreciation?”

Yes, I have an idea.

Just give us the Money

Several callers offered two possible explanations for this absence of any sense of appreciation by the recipients of these grants and scholarships:

(1) A sense of entitlement, and;

(2) A poorly thought out effort to eliminate bias or discrimination in the selection process.

“Trudy,” an advancement officer at an East Coast college, explained:

“Historically, donors would meet with applicants, discuss the scholarship, talk about everything in the world and especially the importance of generosity. But selection of the recipient was always made by faculty – that is an IRS requirement if a donor seeks a charitable tax deduction.

“Then, someone objected to a donor even as much as meeting applicants. It was, ‘Just give us the money.’ So students had no contact with donors and typically none afterwards. So that important connection – which had always existed – was frustrated. It is so sad, and deprives donors the joy of seeing their money put to good use.”

Suggested Ways of Getting Back on Track

The people I spoke with from both universities and charities offered these suggestions as a way to develop good feelings for both donors and recipients.

(1) Often students and beneficiaries of charitable contributions do not realize that the money comes from real people instead of the government. So, where possible, invite donors and applicants to something like a town hall meeting where donors discuss their scholarships, or charity, the reasons they created the grant, and describe the positive impact on recipients.

(2) Always have a faculty member or someone from the school’s administration present.

Recording or videotaping of the session only upon clearance by your organization’s legal office – and this could be extremely important if someone complains of being a victim of discrimination or bias.

(3) Where a scholarship has been awarded but not yet paid, condition receipt of the funds on the student writing a thank you letter. Where the scholarship is on a yearly, self-renewing basis, the office that processes grants and scholarships must make clear that funding will be pulled unless the student writes that letter in a timely manner, providing proof – a copy of their letter – which will be kept in the student’s file.

(4) Hold a “letter writing” seminar open to all students and go over the elements of a sincere letter of appreciation. Expect a few moans and groans from students who feel they know it all. Be prepared to cite an example of one of your donors who was so touched by a student’s letter of appreciation that the amount of the scholarship was increased – for that student.

(5) Realize that many university students are not taught manners at home, and if they are from foreign countries, very different concepts of etiquette might be an issue.

Therefore, especially for business majors, host a seminar in what is expected of them – the art of socializing, how to be a good host, skills that will be of tremendous benefit once they leave the nest i.e., your school.

(6) This will help them navigate the real world and better understand why showing appreciation to someone who has given you a helping hand is so important.

The post Thank you. You’re welcome! appeared first on Dennis Beaver.

“I am a mid-level manager in a credit and collections firm located in the South that has a history of providing college scholarships and grants that goes back many years. In fact, several of our employees received these awards which helped them to attend college.

“We encourage our employees to donate to the company’s education foundation or to the local university that we support which has been responsible for granting scholarships to many of the people who work here. We will match whatever the employee donates.

“But recently we have noticed a great deal of resistance to charitable giving by recent college graduates who, I must tell you, are much better paid than former groups of entering employees and who also received grants from this company.

“Additionally, our employee base is much more diverse than ever before, with new people from many countries.

“I let it be known that everyone expects that if you have received benefits from the company, then you should be generous, think of others and pay it forward, but what I am saying isn’t working. Have you got any suggestions? Thanks,” “Erin.”

These Things Discourage Giving

I ran Erin’s question by Jane Couperus, director of planned giving in the Division of Advancement at California State University, Bakersfield. She provided a list of things that will discourage a sense of generosity by employees, or even family members.

(1) Make Charitable Giving Mandatory:

Consequences: Forcing an employee to donate means that they are not giving from their heart, but because of the pressure you as the employer are putting on them.

They will not experience the joy of giving – that warm feeling of having done something that will benefit others. Also, your reader might not know that the employee could be giving to other charitable causes – their church, for example.

(2) Limit To Whom The Employee May Donate for Matching Funds:

Consequences: An unintended result of restricting the matching to one charity or organization can greatly reduce the employee’s desire to give to other charities.

Erin’s company would be more successful by developing a list of choices where employees could donate in addition to their own, company sponsored foundation.

(3) Restrict employee generosity to merely dollars instead of encouraging them to volunteer their time – a few hours – in a soup kitchen or at an elementary school, for example. Fail to encourage alternatives to donating money.

Consequences: A by-product of such discouragement will spill over into other areas where employees might otherwise be charitable. Charity is not only governed by a checkbook, but also by giving time, and giving one’s time to charity has a way of encouraging people to give more of their financial resources.

(4) Assume that all people – regardless of where they are from – share the same cultural views concerning giving:

Consequences: Erin will have made a huge mistake. She should go on line and look at the World Giving Index www.cafonline.org/about-us/publications/2022-publications/caf-world-giving-index-2022 , which examines the scope and nature of giving around the world looking at aspects of giving behavior, and ranking countries by asking: Have you done any of the following in the past month?

— Helped a stranger, or someone you didn’t know who needed help?

— Donated money to a charity?

— Volunteered your time to an organization?

Their findings may correlate with what Erin is discovering – that several in her “diverse” group of employees could very well be from countries where personal giving – even if they have received a college scholarship – just isn’t something they would ever think of doing.

Do your employees come from a country that pays horribly high taxes and therefore feel they have already given enough? Or, do they come from countries that aren’t known for being generous to charity?

Erin needs to explore those possible explanations for the reason some new employees do not open their wallets and donate.

(5) Fail to Respect Employees Giving History By Printing a List of Who Gave How Much and to Whom.

Consequences: This would be very embarrassing to an employee or family member who did not donate, or gave a very small amount to the organization’s pet project. You can’t shame someone into donating.

(6) Fail to accept input from employees as to which charities receive corporate donations and leave these decisions entirely in the hands of corporate management.

Consequences: The greater the participation of employees in the selection process for corporate donations, the more likely employees will be inspired to give to charity from their personal wallets.

(7) Make it clear that the wider you open your wallet – for charitable or political donations – the greater your chances of advancing in the company.

This is incredibly unethical and would paint any manager who did this as someone you could just not trust. Generosity must come from the heart, and not by the equivalent of a gun pointed at your head, or threats of “You’ll never advance unless we see you supporting this cause.”

Political and charitable donations should never be treated the same.

Charitable donations have a way of uniting people! Avoiding these pitfalls should increase your employees’ spirit of generosity.

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

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