McMahon Window Washing Versus Department Of Employment

Plaintiff L.A. McMahon Window Washing (McMahon) sought administrative review in the circuit court of Cook County of a decision by defendants Illinois Department of Employment Security (IDES) and its director, Jay Rowell (the Director) (together, the Department), which affirmed the decision of IDES that window washers who performed services for McMahon were employees for purposes of the Illinois Unemployment Insurance Act (the Act) (820 ILCS 405/212 (West 2010)). Pursuant to an audit and a fact-finding hearing, the Department determined that McMahon failed to establish that the exemptions from "employment" in section 212 of the Act apply to the workers in question. The circuit court upheld the Director's decision. McMahon appeals, contending the Director and the circuit court erred in their determination that the McMahon workers were "employees" and not "independent contractors" under section 212 of the Act. Affirmed. 

APPELLATE COURT OF ILLINOIS: L.A. McMAHON BUILDING MAINTENANCE, INC.,  L.A. McMahon Window Washing, (Plaintiff-Appellant),

v.

THE DEPARTMENT OF EMPLOYMENT SECURITY, and JAY ROWELL, Director, the Department of Employment Security, Defendants-Appellees. PRESIDING JUSTICE FITZGERALD SMITH delivered the judgment of the Court, with opinion. Justices Howse and Cobbs concurred in the judgment and opinion.

Plaintiff L.A. McMahon Window Washing (McMahon) sought administrative review in the circuit court of Cook County of a decision by defendants Illinois Department of Employment Security (IDES) and its director, Jay Rowell (the Director) (together, the Department), which affirmed the decision of IDES that window washers who performed services for McMahon were employees for purposes of the Illinois Unemployment Insurance Act (the Act) (820 ILCS 405/212 (West 2010)). Pursuant to an audit and a fact-finding hearing, the Department determined that McMahon failed to establish that the exemptions from "employment" in section 212 of the Act apply to the workers in question. The circuit court upheld the Director's decision. McMahon appeals, contending the Director and the circuit court erred in their determination that the McMahon workers were "employees" and not "independent contractors" under section 212 of the Act. 

McMahon provides window washing services for clients. In 2009, the Department initiated an audit for the years 2006, 2007, and 2008 (the audit period) to determine whether McMahon was required to make unemployment contributions for its window washers. Following the audit, in January 2010, the Department issued a determination that McMahon's window washers were employees and ordered an assessment against McMahon for $64,051 in unpaid employer contributions for the audit period, as well as $35,773 in unpaid interest.

McMahon then filed a protest to the determination and assessment in February 2010, in which it requested an administrative hearing. In its protest, McMahon described itself as "in the business of window washing." It stated:

McMahon characterizes this service in its appellate brief as "operat[ing] a call center where predominately residential customers call in to request window washing and gutter cleaning services" and independent contractors perform the window washing services. It also states that "McMahon is in the business of connecting customers of window washing with certain workers which it treats as independent contractors to provide window washing." In its protest following the Department's determination that the window washers constituted employees of L.A. McMahon Widow Washing under the Act, however, McMahon characterized its operation as: "McMahon is in the business of window washing. McMahon's customers are residential homeowners. McMahon secures customers through general advertising, word-of-mouth marketing, and repeat business. Customers call McMahon to schedule an appointment for their windows to be washed. In the context of its business, McMahon utilizes the services of certain independent contractors to wash its customer's windows."

"In the context of its business, McMahon utilizes the services of certain independent contractors to wash its customer's windows. In general, McMahon has contractual agreements in place with Workers, specifically identifying the relationship between McMahon and individual Workers as that of 'Employer' and 'Independent Contractor' (the 'Agreements'). The Agreements are non-exclusive, and remain in effect until terminated either by completion of a project, or upon cancellation of a project by any party other than McMahon, or by McMahon if either (i) reasonable notice *** is delivered to the Contractor; or (ii) reasonable evidence exists that the services provided by the Contractor are either unsatisfactory, incompetent, unprofessional, or untimely. McMahon does not prevent the Workers from working with any person or entity in addition to, or instead of, McMahon.

The actual work-relationship of McMahon and the Workers functions as follows: First, Workers who are interested in obtaining work from McMahon either call McMahon or go to McMahon's office to see if there are any appointments set. McMahon does not call any Workers, nor contact Workers in any other manner, to arrange for work to be completed. The Workers solicit McMahon for window washing appointments of their own volition. McMahon will then tell an inquiring Worker of any relevant appointment, and offer the Worker the opportunity to take the appointment. Workers are free to decline any appointment for any reason, whether it be because the Worker does not care for the location of the home, size of the home, the time of the appointment, or any other reason. In fact, Workers often do decline appointments. 

When this happens, McMahon offers the appointment to the next inquiring worker. The frequency in which the Workers contact McMahon for work varies by worker; some contact McMahon daily, some contact McMahon weekly, some contact McMahon yearly, and some are more sporadic. McMahon has no requirement for the Workers to contact McMahon at any certain volume or on any certain time table. After agreeing to work at a specific appointment, a Worker travels to the customer's home within the timeframe quoted to the customer. Workers utilize their own vehicles for transportation, and use their own supplies to complete the work. Workers are not reimbursed for any travel or supply costs. McMahon provides no training to the Workers, and does not direct a specific method of cleaning. 

Workers are not required to wear a uniform. Workers have their own business cards and advertise their own services in the yellow pages and elsewhere. Workers also hire their own helpers and/or employees, for whom McMahon provides no reimbursement nor supervision or training. When the work is completed, the Worker invoices the customer. If the customer pays the Worker on-site, the Worker submits the payment to McMahon either in person or through the mail. Otherwise, the customer mails payment to McMahon directly. McMahon then generally splits the payment equally (fifty/fifty) with the Worker.

McMahon also employs workers, separate and apart from the Workers at issue, which it classifies as employees [as] office personal. McMahon makes appropriate withholdings with respect to these employees." In September 2010, a representative of the Director conducted an administrative hearing on the protest and objections to the determination and assessment. At the outset of the hearing, the representative told the parties he was looking for answers to three inquiries: (1) the nature of the business; (2) the nature for the services performed by the individuals at issue; and (3) the nature of the relationship between McMahon and the individuals at issue.

McMahon presented evidence and testimony from general manager Mark Crane, as well as from two window washers, Henry Garduno and Leon Juarez. Counsel for McMahon opened his argument saying, "McMahon Window Washing is an Illinois corporation in the business of providing window washing services primarily to residential customers." McMahon general manager and part owner Mark Crane explained that McMahon has a call center in Schaumburg where mostly residential customers call in to request window washing and yard cleaning services. He explained McMahon takes incoming calls from prospective clients and gives out work to "independent contractors" when those contractors call in and are available for work. 

There are five employees who work in the Schaumburg office and who are issued W-2 forms, receive employee benefits, vacation, and sick pay. These employees do not perform any window washing. McMahon is a seasonal business, and each year it performs work for 10,000 to 11,000 customers. Crane described the McMahon window washers as independent contractors. The window washers did not receive employee benefits, and their incomes were reported on 1099 forms, used for independent contractors, to the Internal Revenue Service. However, McMahon keeps a workers' compensation and general liability insurance policy that covers the window washers. The cost to McMahon for that policy was based on the amount of work performed by all window washers. Crane explained that the window washers are required to carry their own policies in addition to the policy carried for them by McMahon.

Crane described McMahon's methodology regarding clients: customers who request window washing services from McMahon call the Schaumburg office and are given a two hour time slot that is convenient for the customer during which the window washer and possibly his assistants will arrive and begin work. No specific start or end time for the work is given the customer. When the customer calls, Crane gives a price estimate over the phone based on the customer's description of the work to be done. Upon arrival at the customer's home, the window washer verifies the conditions on site and gives the customer an updated, actual price estimate, which the customer is free to accept or refuse.

The window washer arrives on-site carrying a McMahon business card, on the back of which is a price list. Through this price list, in addition to other price list postings, the window washer knows what price should be charged per window. The price list is set by McMahon. If a window washer is on-site and notices more work that could be done, it is not McMahon's policy that the window washer should drum up more business. However, if, for example, a window washer notices the customer's gutters are full of debris, he might tell the customer the gutters need to be cleaned at some point in the future. If the customer decides he wants the gutters cleaned by the window washer, the customer—not the window washer then calls McMahon, is given the price of the gutter cleaning, and McMahon then adds it to the customer's bill. 

Crane explained: "MR. CRANE: Well, if [the window washer is] up on the roof and he looks down and sees there some debris in the gutters, he might say to the customer there's some debris in your gutters, somewhere down the road you're going to need to get your gutters cleaned. But he's not here to tell the customer what to do or offer services, he's just there to complete the work that's been given through the office. If the customer does want to add something like gutter cleaning to the bill, he must be approved through the office and put on the invoice."

During the audit period, McMahon had 15 to 18 window washing crews, each of which would call in to receive work. Crane testified that window washers do not receive special training from McMahon.

They drive their own vehicles and supply their own equipment. They are not required to wear specific uniforms. The company provides company t-shirts, but does not require the window washers to wear them when working.

Customers pay for window washing services via credit card over the telephone or by giving cash or check to the window washer on-site. If by check, the check is made payable to McMahon Window Washing. If by cash, the window washer delivers the cash by hand or mails it to the Schaumburg office. When the window washing work is completed, the window washer fills out an invoice provided by McMahon Window Washing and gives copies to both the customer and the Schaumburg office. Window washers are not required to go to the Schaumburg office at any time, but some do in order to pick up business cards and blank invoices, as well as to drop off cash and check payments.

In order to get paid, the window washer turns in both the invoice and any cash or check payments to the Schaumburg office. McMahon pays the window washers "bi-weekly though a payroll system." Window washers are paid 50% of the total amount billed for the work, based on invoices submitted to the office. Crane explained that McMahon works on a "good faith" system that the homeowners are going to pay. Therefore, if the window washer has submitted the invoices to McMahon, but the customer has not yet paid, McMahon nonetheless pays the window washer.

Additionally, in the "rare" case that a customer refuses to pay the invoice through no fault of the window washer, McMahon nonetheless pays the window washer. If, however, the customer refuses to pay the invoice because he is unhappy with the work done by the window washer, the window washer has the opportunity to return to the site and redo the work on his own time, to the customer's satisfaction, and then get paid. If, however, the customer remains unsatisfied and continues to refuse to pay the invoice, McMahon does not pay the window washer. If a window washer damages something at the customer's property, it is the window washer's responsibility to fix it.

McMahon hires its window washers on a seasonal basis and has them sign an "independent contractor agreement" at the start of each spring window washing season. These agreements remained unchanged during the audit period. McMahon can terminate any window washer with 30 days' written notice. The independent contractor agreements, samples of which are in the appellate record, stipulate that the window washers must obtain their own workers' compensation, general liability, and general automotive insurance.

Crane testified that, if window washers want to procure other window washing jobs while not on McMahon jobs, they are free to do so. Window washers are only barred from soliciting customers met while working for McMahon. Each window washer provides his own transportation and is not reimbursed travel costs. McMahon does not provide its window washers with company vehicles or with special decals.

Crane testified that each window washer can hire any assistant or assistants he needs, without control or input from McMahon. McMahon only pays the window washer who signed the contract, and the window washer is responsible for paying any assistants directly.

Garduno and Juarez also testified at the hearing. Both Garduno and Juarez signed the independent contractor agreement form with McMahon, which form required them to obtain their own workers' compensation, general liability, and general automotive insurance. Nonetheless, neither Juarez nor Garduno carried his own insurance during the audit period. Beginning in 2009, however, a number of window washers obtained their own insurance, designating McMahon as the insurance certificate holder.

Garduno testified he has worked as a window washing subcontractor for McMahon for 10 years. When he first started working for McMahon, he was not provided any job training seminars on how to wash windows or clean gutters, but had learned the skills in prior employment. He described how the work is seasonal, and he calls McMahon to see if there is work available. He testified that McMahon does not require a minimum number of hours from him. Garduno also has other window washing customers beyond those from McMahon, as he has a separate window washing business called Father & Son Window Washing, which he started in 2009. Garduno also worked in a flea market booth doing air brush work and selling tattoo supplies.

Prior to 2009, Garduno referred to his business as Henry's Window Washing. He did not request an employer identification number until 2009, at which time he requested the number "to make [his] company legit," because he had heard from other workers that he should do so. Garduno keeps a list of his own window washing customers, advertises for his own business in the newspaper, and has his own business cards. His company was started in 2009, and Garduno did not testify to whether he actually had business cards or advertised during the audit period. Also in 2009, Garduno began to carry liability insurance for his own company's window washing work.

Garduno testified that, when he does jobs for McMahon, he drives his own vehicle with no special "McMahon" markings on it, is not reimbursed for travel expenses, does not wear a uniform, and brings his own equipment. He explained he knows the McMahon pricing for window washing jobs because it is marked on the McMahon business cards, which he gets from the office. During the busy season, he goes to the McMahon office every week or two, but there is no requirement that he do so.

Juarez testified that he, too, works as a window washer for McMahon. He also has his own window washing business called Leon Juarez Window Washing, for which he has business cards. He purchased his own liability insurance in 2009. He testified he uses his own equipment and does not get reimbursed for travel expenses when on jobs for McMahon. 

A recommended decision was issued in March 2011, recommending that the determination be affirmed. In September 2011, the Department issued a final decision of the Director, adopting the recommended decision. McMahon filed a complaint for administrative review in the circuit court. After briefing and oral argument, the court entered an order in September 2013 affirming the Director's decision and entering a final judgment.

McMahon appeals.

CONCLUSION: For all of the foregoing reasons, we find no clear error in the Director's conclusion that the window washers were employees rather than independent contractors. Accordingly, we affirm the circuit court's judgment upholding the Director's decision. 

Window Cleaners Expanding With Sub Contracting

Aaron Hess grows with sub contractors.

Small home maintenance company strives to grow: Sparks resident, Aaron Hess, owner of Hess Family Companies LLC, faces the challenge of expanding his small business into an established company.

The company has been providing indoor and outdoor home maintenance services to residents in the Reno/Sparks area since 2010. The idea originated from a business called Clean Cut Lawns, which Hess and his brother, Jon, bought in June of 2005 doing lawn maintenance.

In 2010, Hess and his brother decided to split their business. Hess bought a window-cleaning business while his brother continued doing lawns. Hess then extended his own business into full-service maintenance for facility and home, inside and outside. The services include window cleaning, lawn and landscape maintenance, as well as carpet and hardware floor cleaning.

“We strive to take care of our customers and give nothing but the best,” Hess said. “I really don’t know what competition is out there against us, besides just one company for each thing that we do. But not a combined company like ours,” said Hess.

Hess is also thankful he bought the window cleaning business, which provides a higher margin of profit than maintaining lawns or cleaning houses. Since 2010, Hess Family Companies has grown about $30,000 each year in sales and the lawn business has grown 300 percent since it started.

As his business expanded, Hess started using subcontractors to help get his work done. In 2010, he began with just a carpet cleaning crew but this past year, Hess added more subcontractors for landscape and cleaning work because there was so much work to do.

Last year, he also began hiring employees but realized it was too much for him to handle, so he cut back to only having one or two employees. An obstacle for him has been hiring good people to help his company be run the way he wants it to be.

“People gain your trust and obviously, as an owner, they love you because you put everything you have into it. And when you start hiring employees, you start getting complaints, you know. Because people don’t like change. They go from having me to someone else and that’s tough,” said Hess.

The local resident enjoys having subcontractors because they are already established companies with good employees. He said that instead of competing against them, he brings them in to work for him so he doesn’t have to hire people.

Eventually, Hess does want his own employees and to stop using subcontractors. His ultimate goal is to establish his own larger business which will require him to find the right people to hire.

“I could stay small and do it myself or I can keep growing and find the right people,” said Hess.

Since Clean Cut Lawns is a business that originated in Sparks, most of Hess Family Companies’ clientele for lawn maintenance are Sparks residents. The majority of the clientele for indoor home maintenance are Reno residents.

“We enjoy working in both Reno and Sparks equally. They both have positives. In Reno, we get to enjoy mature landscape growth and some bigger upscale properties. Sparks has smaller properties, which are easier to maintain and typically its newer developed communities that we are working in. I believe both areas offer a client worth pursuing,” said Hess.

Start Up Secrets, Employees & Niche Add-Ons For The Entrepreneur

Keep your eye on the economy. As long as things get dirty, there'll be a need for professionals to clean them. But economic changes can mean changes in your market.

13 Secrets for Making Your Cleaning Business a Success: This excerpt is part of Entrepreneur.com's Second-Quarter Startup Kit which explores the fundamentals of starting up in a wide range of industries. In Start Your Own Cleaning Service, the staff at Entrepreneur Press and writer Jacquelyn Lynn explain how you can launch a profitable cleaning service, whether you want to offer maid services, janitorial services, carpet and upholstery cleaning, and more. In this edited excerpt, the authors offer words of wisdom from owners of successful cleaning businesses on what you need to do if you want to succeed in the cleaning industry. Nothing teaches as well as the voice of experience. So we asked established cleaning service owners to tell us what's contributed to their success and what they think causes some companies to fail. Here are their tips:

1. Never stop learning. The cleaning industry may not be the most glamorous or complex, but established business owners say there’s always something to learn. Technology advances affect the equipment you use, safety issues affect the chemicals you clean with, and there will always be ways you can enhance your organizational and managerial skills. Read industry publications, go to meetings and conventions, participate in trade organizations, and encourage your suppliers to keep you up to date.

2. Tap all your resources. A wide range of associations serves various aspects of the professional cleaning industry. These groups can help with operational, marketing and management issues. Many state and government agencies also offer support and information for small businesses.

3. Clean it like it’s your own. Regardless of what you’re cleaning and whether you’re doing traditional housecleaning, janitorial work, or providing a specialty cleaning service, clean like you’re cleaning your own home or office.

4. Develop systems. Systems provide a structure that allows you to work consistently and efficiently, and also let you create a company that will continue to run whether you’re there or not. Create systems for every function: cleaning, laundry, supervision, reporting, customer service, accounting and management.

5. Be careful! Though time is your most valuable commodity, don’t rush so much that you get careless. Customers will usually understand when accidents happen, but you’re better off if you don’t have to fall back on that. Also, the cost to repair or replace something--in out-of-pocket cash, time lost and damaged customer relations--is usually far more than the time you might save by working carelessly.

6. Don’t undersell yourself. When you’re starting out, you may be tempted to try to undercut the competition’s prices. A better strategy is to simply outperform them by providing quality work.

7. Take care of your employees. Your employees are critical to your success; after all, it’s the quality of their performance that determines whether your customers are satisfied. Look for ways to make them want to do their best. Train them well, don’t micromanage, and treat them with respect. Provide bonuses and incentives for top performance, and consider offering perks such as letting them use company equipment in their own homes.

8. Find a niche. Don’t try to be all things to all people; pick the market you can best serve, and focus on that. For example, if you choose to service smaller office buildings, you may not be able to provide quality work at a profitable price level to larger facilities. Excel in what you’re doing and build consistency in the services you provide. When you try to serve too many markets, you won’t be successful in any of them.

9. Develop your computer skills. You need to be as skilled with your computer as you are with a mop or buffer. The cleaning business may not be particularly high tech, but you don’t have time to do estimates, billing, payroll, inventory control and other record-keeping by hand.

10. Track labor costs. The biggest single expense you have is labor, and you must stay on top of it. If you aren't watching your labor costs every day, they'll get away from you. Compile a daily over and under report, which makes it easy to spot trends before they become major issues. If labor is on the increase, figure out where the problem is. Is the customer asking for extra services you aren’t charging for? Did you underestimate the time it would take to do the work? If you’re under on your labor estimates, make sure your employees are providing the quality you’ve promised.

11. Invest in customer service. The quality of your cleaning is important, but it’s not everything. Building strong relationships with your clients requires a serious commitment to customer service. Don’t assume that just because the work looks satisfactory to you that it is to your customers--or that there’s nothing else they want or need. Be sure to follow up with them consistently to find out how things are going.

12. Keep your eye on the economy. As long as things get dirty, there'll be a need for professionals to clean them. But economic changes can mean changes in your market. Residential cleaning services, for example, are often seen as luxuries, and an economic downturn could affect your customers’ willingness and ability to pay to have their homes cleaned. When business profits shrink, companies look for ways to cut expenses, which means they may examine their budgets for services that can be reduced or eliminated.

Also consider how the world economy can impact your profitability. If oil prices skyrocket, you’ll have to spend more to operate your vehicles, and your general utility costs will probably increase. When the cost of lumber goes up, so does the cost of bathroom tissue, paper towels and other disposable paper products you provide to your customers. You may be able to pass along some of those costs, but don’t depend on a thriving economy to keep your business profitable. Have plans in place so you can shift your market focus if necessary.

13. Don’t take every job. If you can’t make money on a job, or if the work is undesirable for any reason, turn it down. It’s better to focus your time and energy on profitable work you enjoy.

Pressure washing can be added to an existing cleaning business or operated as an independent company for a modest initial investment.

Start These 8 Niche Cleaning Businesses: This excerpt is part of Entrepreneur.com's Second-Quarter Startup Kit which explores the fundamentals of starting up in a wide range of industries.

In Start Your Own Cleaning Service, the staff at Entrepreneur Press and writer Jacquelyn Lynn explain how you can launch a profitable cleaning service, whether you want to offer maid services, janitorial services, carpet and upholstery cleaning, and more. In this edited excerpt, the authors describe eight cleaning services you can either run as an independent business or add to your existing cleaning service.

In addition to the more common cleaning services, there are niche cleaning businesses to consider, either as stand-alone operations or as companion businesses to your primary cleaning company. These specialty services require varying levels of training, skill and equipment, and you’ll need to do additional research on the areas that interest you.

1. Window cleaning. While some residential cleaning and janitorial services clean windows as part of their service, windows are a cleaning industry specialty. If you like working outside and don’t mind heights, window cleaning could be the perfect opportunity.

It’s a good idea to start your window cleaning service by targeting one- and two-story office buildings, storefronts and homes. As you become established and your skill level increases, you can expand to taller buildings. High-rise window cleaning requires an extra level of skill to ensure the health and safety of above-ground workers. You’ll need a controlled descent system for access to exterior high-rise windows.

2. Disaster cleaning and restoration. Many carpet cleaning and janitorial service companies do disaster cleaning and restoration for their customers, but this is a specialty area in its own right. You’ll need special knowledge in fire, water and smoke damage cleaning and restoration.

Once you’re trained, you can work with insurance adjusters and other contractors to provide all or part of the services needed. The Restoration Industry Association [ENT.COM: PLEASE LINK TO www.restorationindustry.org] offers training programs to help you develop the expertise necessary to provide this service.

3. Blind cleaning. Mini-blinds and Venetian blinds are common fixtures in homes and offices, and many consumers are choosing interior shutters as window treatments. Along with vertical blinds and pleated shades, all these window coverings attract dust and need frequent cleaning--the occasional pass with a feather duster isn’t enough to keep them looking their best.

Without the proper equipment, cleaning blinds can be time-consuming and labor-intensive. Special blind-cleaning equipment can speed up the labor process and allow you to offer this service at an affordable price. You’ll need to learn how to quickly and efficiently take down and rehang blinds, as well as operate your equipment.

4. Pressure washing. Pressure washing can be added to an existing cleaning business or operated as an independent company for a modest initial investment. Some of the more common uses of pressure washing equipment include cleaning and maintenance of residential and commercial buildings, walkways, parking lots, heavy equipment and vehicles, truck and automobile fleets, trailers, engines, warehouse floors, machinery, kitchen areas and sanitary areas.

5. Restroom cleaning. There’s a tremendous need for restroom cleaning, particularly in large public buildings, sports stadiums and arenas, and schools, and companies that specialize in this work are busy and profitable. Businesses want to provide clean, pleasant, fresh-smelling restrooms for their employees and customers, and they’re willing to hire specialists to get the results they need.

You’ll clean and sanitize restrooms on a regular schedule and stock the facilities with soap and paper supplies as requested by your customers. You may work directly for the property owner or manager, or you may subcontract through a janitorial service.

6. Chimney sweeping. The demand for chimney sweeping goes beyond residential fireplaces. The chimney sweep--or chimney service professional--aids in the prevention of fires, carbon monoxide intrusion and other chimney-related hazards that can be caused by fireplaces; wood stoves; gas, oil and coal heating systems; and the chimneys that serve them.

The basic task of a chimney sweep includes removing the accumulated and highly combustible creosote produced by burning wood and wood products, eliminating the buildup of soot in coal- and oil-fired systems, and getting rid of bird and animal nests, leaves and other debris that may create a hazard by blocking the flow of emissions from a home-heating appliance. Though the highest demand for chimney sweeps is in cold-climate regions, this is a service that’s needed throughout the country. In addition to cleaning, chimney sweep services may also offer repairs and parts such as chimney caps that protect the chimney from water, leaves, debris and animal intrusion..

7. Ceiling and wall cleaning. Ceilings and walls trap odors, smoke, oils, cooking grease, films, nicotine, dust mites and other unsanitary pollutants. These contaminants can reduce light by as much as 60 percent, dull the appearance of a facility and contribute to an unhealthy environment. Cleaning ceilings and walls is far more cost-effective than painting or replacing them. In fact, replacing a ceiling can cost up to 100 times more than cleaning it. Besides being part of standard building maintenance, various ceiling and wall cleaning techniques may also be used in disaster restoration work.

8. Post death and trauma cleaning. Post death and trauma cleaning services are usually called in after a homicide, suicide, unattended death or a non-fatal trauma where property has been contaminated by blood or other bodily fluids and tissue. Because of the potential health risks, it’s critical the job be done properly and thoroughly. In most cases, your clients will be the family of the deceased and you’ll be paid by an insurance company. You may also be called to clean up commercial facilities after an accident or crime that has contaminated a property.

You’ll need to make a substantial investment in training, equipment and supplies. OSHA requires that all workers performing this type of remediation receive the proper training and vaccinations, and be properly equipped with protective gear and cleanup tools. EPA regulations dictate the disposition of hazardous wastes, so you’ll need the proper tools and procedures to be in compliance. In addition to cleaning, you may also want to offer repair or replacement of structural components, such as carpet, flooring, cabinets, doors and walls.

A good rule to follow is to only hire people you would trust in your own home.

7 Training Tips to Get Your Cleaning Service Employees on the Right Track: What kinds of people make good employees for cleaning service businesses? Look for people who will be enthusiastic about their work and who enjoy cleaning. Of course, you’ll find people who say they love to clean and want to do it for a living, but they don’t completely realize that as a job, it’s hard work and physically tiring. If you sense a prospective employee feels they're “above” cleaning for a living, probe further during the interviewing process. If they really feel this way, they may come to work for you because they need a job and the money, but they probably won’t stick around very long. Turnover is expensive; it’s best to take the time to hire the right people in the first place.

You’ll probably improve your chances for a successful hire if you’re more creative in your searching techniques than simply writing a “help wanted” ad. Sources for prospective employees include suppliers, customers (Use caution here: You don’t want to lose a client because you stole an employee) and professional associations. Put the word out among your social contacts as well--you never know who might know the perfect person for your company.

College students make good employees, especially for janitorial services that are often looking for night workers. Students who attend classes during the day are often available to work for you at night. And if you find them in their freshman and sophomore years, you’ll have employees with the potential of working for you for the next three or four years. Residential cleaning services often find that mothers represent a strong pool of candidates, especially those looking to work part time while school is in session.

Consider using a temporary help or employment agency to help you find qualified employees. Many small businesses shy away from agencies because they feel they can’t afford the fee--but if the agency handles the advertising, initial screening, and background checks, the fee may be worth paying.

Use caution if you decide to hire friends and relatives--many personal relationships aren't strong enough to survive an employee-employer situation. The key to success as an employer is making it clear from the start that you’re the one in charge. Be diplomatic, but set the ground rules in advance, and stick to them.

Be particular about whom you hire, even if you’re in an area where competition for workers is fierce. A good rule to follow is to only hire people you would trust in your own home - that way, you’ll know you can trust them in your customers’ homes and offices. Remember, good employees are the key to happy customers, and happy customers are loyal.

Now that they’re hired, it’s likely that the majority of applicants for entry-level cleaning jobs will need training. This isn’t necessarily a disadvantage; in fact, you may prefer to handle this yourself since hiring individuals without professional cleaning experience lets you train them to clean your way.

If you think you can’t afford to spend time on training, think again--can you afford not to adequately train your employees? Do you really want them interacting with customers or cleaning homes and offices when you haven’t told them how you want things done?

These tips will help you maximize your training efforts:

Find out how people learn best. Delivering training isn't a one-size-fits-all proposition. People absorb and process information differently, and your training method needs to be compatible with their individual preferences. Some people can read a manual, others prefer a verbal explanation, and still others need to see a demonstration. In a group training situation, your best strategy is to use a combination of methods; when you’re working one-on-one, tailor your delivery to fit the needs of the person you’re training.

Use simulation and role-playing to train, practice and reinforce. One of the most effective training techniques is simulation, which involves showing an employee how to do something and then allowing them to practice it in a safe, controlled environment. If the task includes interpersonal skills, let the employee role play with a co-worker to practice what they should say and do in various situations.

Be a strong role model. Don’t expect more from your employees than you’re willing to do. You’re a good role model when you do things the way they should be done all the time. Don’t take shortcuts you don’t want your employees to take or behave in any way that you don’t want them to behave. On the other hand, don’t assume that simply doing things the right way is enough to teach others how to do things. Role modeling is not a substitute for training. It reinforces training. If you only role model but never train, employees aren’t likely to get the message.

Look for training opportunities. Once you get beyond basic orientation and job skills training, you need to constantly be on the lookout for opportunities to enhance the skills and performance levels of your people.

Make it real. Whenever possible, use real-life situations to train--but avoid letting customers know they’ve become a training experience for employees.

Anticipate questions. Don’t assume that employees know what to ask. In a new situation, people often don’t understand enough to formulate questions. Anticipate questions and answer them in advance.

Ask for feedback. Finally, encourage employees to let you know how you’re doing as a trainer. Just as you evaluate their performance, convince them that it’s OK to tell you the truth, ask them what they thought of the training and your techniques, and use that information to improve your own skills.

Risks Of Working Alone

Looking into effective lone worker security training, policies, systems, and devices has become a real challenge.

Risks of working alone: David Foster of property and people protection specialist Sitex Orbis explains the risks facing those who work alone, the responsibilities of employers and how they can support and protect their staff.

In a world where everyone seems to be connected 24/7, it’s easy to forget many people work alone. Not isolated behind a computer screen and wearing headphones but actually on their own. They may have a mobile phone but if they need help it could be minutes or hours away.

Contracting trends and technological innovation have made it more cost-effective for one person to do what two or more used to. Increased outsourcing means that many people are part of a peripatetic workforce. They may be working at a client site, there may be other people around some of the time but they are not necessarily seen as part of the same community.

Multiskilling, particularly the end of the divide between mechanical and electrical skills, has also driven the trend towards 'one-man' maintenance and repair. Mobile communications, sat nav, hand-held devices with access to technical information and job scheduling make it easier do a job solo.

So who are these lone workers?  Many are public sector workers dealing with the public. From nurses to environmental health inspectors, from traffic wardens to postal workers. They are often in riskier situations than their office-based counterparts.

Lone working is very common in the support services sector. Maintenance workers, security guards, pest control experts and of course cleaners - they all spend part of their working lives alone.

Cleaners work alone

Although cleaners often work in teams many also work alone. Most cleaning is done outside normal working hours, adding to the isolation. A cleaner may enter a building while it is still busy, but may be left alone at the end of their shift. Cleaners tend to start early or finish late at night and are therefore at risk on their journey to and from work.

In many cases cleaners have the same access to buildings as staff, in fact they may have more knowledge of the premises security systems including keys and alarm codes. This makes them vulnerable to criminals planning theft or vandalism.

Cleaners will often be working in environments, such as hospitals, where they may come into contact with members of the public who could pose a risk through disorientation or simply aggressive behaviour. In hospitals and laboratories, as well as some industrial sites, they may also be working in proximity to potentially hazardous chemicals or substances.

Housekeeping staff in hotels can also find themselves alone in a room with a guest – a situation that can have serious consequences for both parties.

There is no common definition of a lone worker across Europe. In the UK, the Health and Safety Executive (HSE) says "lone workers are those who work by themselves without close or direct supervision". Croner’s Health and Safety offers a wider definition. A lone worker is one "whose activities involve a large percentage of their working time operating in situations without the
benefit of interaction with other workers or without supervision".

What’s clear is that the numbers are increasing every year. According to the British Security Industry Association, more than six million people in the UK work either in isolation or without direct supervision, often in places or circumstances that put them at potential risk.

There were an estimated 654,000 incidents of violence at work according to the 2010/11 British Crime Survey, comprising 341,000 assaults and 313,000 threats. In 2010/11 171 people were killed in the course of their work. Of course not all the incidents involved lone working but isolation can increase the risk.

The three main risks are: violence and aggression, usually from members of the public; occupational risks (such as slips, trips, falls, electrocution); and personal wellbeing risks, including health issues caused by being in stressful situations.

The risks are different for each group of workers. Public sector staff, transport staff and retail workers face threats of abuse or violence from members of the public (more than one in three working alone in the community have been assaulted or harassed in the last two years, according to research from the Royal College of Nursing).

Other employees such as shop workers, security staff or warehouse workers might be at risk of robbery; an engineer, construction worker or maintenance staff are at risk of an accident while working alone.

The law requires employers and others to think about and deal with any health and safety risks before people should be allowed to work alone. The general duty of employers to maintain safe working arrangements under the 1974 Health and Safety at Work Act applies. Additionally, the Management of Health and Safety at Work Regulations 1999 require employers to assess and counter health and safety risks before allowing staff to work alone.

The HSE advises employers that they have a legal duty to notify and consult with safety representatives about the jobs of employees who work alone. These responsibilities cannot be transferred to any other person, including those people who work alone. It is the employer’s duty to assess risks to lone workers and take steps to avoid or control risks where necessary.

Many organisations simply ignore the problem and risks completely – often with disastrous consequences. A major lift company had no lone worker support in place when a lift engineer working alone in a lift shaft, fell, and later died. He wasn’t found for eight hours.

A new offence of corporate manslaughter was created by the Corporate Manslaughter and Corporate Homicide Act 2007, which came into force in April 2008. For the first time, companies and organisations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.

The first prosecution was brought against a surveying company after a geologist, working alone, was killed when a deep trench collapsed. The company was fined almost 500,000 euros. Since then a storage product manufacturer has been fined almost 600,000 euros for the corporate manslaughter of one of its employees who died when he fell through a roof at one of the company’s factories. There are 50 corporate manslaughter cases currently under review.

Support and protection

How can organisations meet their obligations and protect their workers? Perhaps the first option is to review working patterns. It may be possible to avoid situations where staff work alone. For example, rather than allocate cleaners to different rooms or floors of a building, they could work as a team across the facility.

Some firms have introduced daytime cleaning, which as well as ensuring cleaning staff are not working in isolation, encourages the building’s occupants to appreciate the service and those who provide it.

Manage safety

Traditionally organisations employing lone workers have managed their safety in two ways: white board or buddy systems. A white board placed in a prominent position in the office records the names, locations, schedule and mobile numbers of all lone workers. The lone worker checks back into the office and has their whereabouts updated on the board so that should an incident occur, the organisation knows their whereabouts.

The downside is that the white board may only be monitored in office hours (whereas the lone worker may work unsocial hours) and if the person responsible for managing the board is off sick, on holiday or just snowed under, it may get forgotten about.

A buddy system is the equivalent of telling your friend where you’re going to meet a new date. Lone workers tell another colleague where they will be and agree to phone back within a set period of time. Again they may forget to phone back, and if they do call in an emergency situation, their colleague may not be trained to, or have the equipment or technology, to support them.

Communications technology offers new options. For low to medium risk lone workers, a dedicated speed dial set up on a standard mobile phone linking through to an alarm response centre will provide an increased level of safety. For lone workers who routinely face higher levels of risk, enhanced services can be combined with dedicated devices or a smart phone app that can include the ability to set up automatic welfare checks giving the user greater flexibility and protection.

Specialist devices have dedicated emergency keys, or specialist safety sensors, which detect falls, impacts, extended lack of movement or loss of vertical position, and raise the red alarm even if the worker can’t press any buttons. They may also be ruggedised and so work in all sorts of challenging environments and under the harshest elements.

The two relevant industry standards for lone worker protection in the UK are British Standards BS8484 and  BS5979. BS8484 covers  the quality and suitability of key components used for the protection of lone workers, including devices, the service provider, the monitoring and the response are required for the delivery of a robust and effective lone worker solution. Police throughout England, Wales and NI currently require BS8484 in order to guarantee a response.

Any communications technology is only as good as the centre monitoring and responding to calls. BS5979 covers the management and operation of Alarm Receiving Centres (ARC). BS5979 has two categories (CATI and CATII). An ARC operating to BS5979 CATII, such as that run by SitexOrbis, provides more physical security to cater for high security monitoring applications.

The importance of effective lone working support was demonstrated last year when a female traffic warden for Bristol City Council was subjected to a tirade of abuse and threats while issuing a parking notice to a driver who had parked illegally in a disabled bay near the city centre.

She pressed the dedicated panic button on her ruggedised mobile phone, all audio was recorded and she was discreetly connected through to the SitexOrbis alarm receiving centre (BS5979 Cat II) which is staffed 24/7 by fully trained operatives.

Employees trained

As is the standard procedure, the operator remained on the line and began to initiate the pre-agreed emergency response procedure set by Bristol City Council. The man was later arrested and found to be in possession of several knives. The quality of the audio captured between the phone and the digital recorders was commended by the police who took steps to secure a conviction. The council was also able to track the incident in real time using self-service web portal, which also provides a full audit trail.

The HSE advises that lone workers should be capable of responding correctly to emergencies. Risk assessment should identify foreseeable events. Emergency procedures should be established and employees trained in them.

Information regarding a premises’ emergency procedures and danger areas should be given to lone workers. They should have access to adequate first-aid facilities, and mobile workers should carry a first-aid kit suitable for treating minor injuries. Occasionally risk assessment may indicate that lone workers need first aid-training.

All employers have a duty of care to their staff. Supporting those who often work alone will not only protect them, it may just protect your reputation and business.

Further information: the Health and Safety Executive has produced a guide for those working alone and those employing or managing lone workers. Access it here.

Labour Ministry Victimised Window Cleaner

David Lazowski says the Ministry of Labour is flexing its muscles and treating him like a criminal after he initially refused to pay an ex-employee $200 in what the ministry determined was outstanding vacation pay.

Labour ministry puts squeeze on small business wronged by fired worker: Small-business man David Lazowski says the Ontario Labour Ministry continues to make him feel like “a criminal” in a case that involves a former employee who, without permission, took a company truck home on a July 2011 weekend and collided with another car in an LCBO parking lot the next day. The trouble with the ministry started after Pierre Charron, who was fired over the truck incident, filed a claim for $1565.29 in unpaid wages and vacation. The ministry determined that he was only owed $191. Lazowski says his accountant’s records show he doesn’t owe Charron anything. In fact, says Lazowski, the records show Charron actually received more money than he deserved when he was fired, and he received five paid vacation days during his 10 weeks as an employee.

Charron, who could not be reached for comment, tried to cover up his role in the crash by switching licence plates with another truck belonging to Window Butler, Lazowski’s window-washing firm. Lazowski says police determined the switch after they matched the trucks’ vehicle identification numbers to the plates. Police also had video evidence from LCBO cameras. Charron was charged and convicted of failing to remain at the scene of an accident and sentenced to 45 days in jail. What has Lazowski fuming is the ministry’s recent decision to audit the company’s payroll books, under the Employment Standards Act, to determine whether Lazowski’s 10 employees are being compensated according to their contracts.

Though Lazowski begrudgingly paid the $191, plus a $100 administration fee, after the payroll audit began this month, he can’t believe the ministry is flexing it muscles with a small businessman who has done nothing wrong. He says he is proud of his company and the way he treats the employees. He says he gives them eight to 12 weeks of paid vacation time in the winter so they don’t have to rely on employment insurance when they can’t work due to the weather. Lazowski says he suspects the ministry is auditing his payroll as punishment for disputing the vacation pay issue. But labour ministry spokesman Matt Blajer says such audits are automatically triggered if an investigation into a claim determines money is owed. That seems a bit harsh as the ministry determined that Window Butler only owed a small fraction of what Charron claimed.

Charron, dismissed on Aug. 6, 2011, complained to Window Butler last September that the company still owed him the unpaid wages and vacation. The company’s accountant determined it didn’t. So Charron filed a complaint with the labour ministry, claiming Window Butler owed him $1,289.60 in wages and another $275.69 in vacation pay. Lazowski had the paperwork to prove the wages claim was baloney. But documents for the vacation money were not conclusive, leading the ministry to decide last June that Lazowski owed the $191. He says there was never any mention of an audit until he was advised by the ministry in a letter dated Aug. 29.

Lazowski says ministry investigator Gaye Cotter clearly implied at their first meeting on Sept. 11 that the lingering dispute over the money prompted the ministry to launch the probe. He says when he told her it was unfair of the government to be going after him considering what Charron had done, she responded: “‘We don’t care about what’s fair.’” He says she explained the ministry wants closure when decisions are made so that staff can move on to other matters. Lazowski says he responded: “The woman working on my case made it sound like the next person up the line (in the ministry) had big teeth and breathed fire.” To which, says Lazowski, Cotter replied: “‘That’s her job, to make sure there is no escalation.’”

He says when he told her the ministry “made me feel as though I’d rather not be in business, she slammed her metal clipboard on the table, yelling: “‘That’s enough.’” He complained about Cotter’s behaviour to Sandra Lawson, the ministry’s Ottawa director. Lawson confirmed the ministry was looking into the complaint, and on Sept. 14, when the audit resumed, John Hutton, a district manager, accompanied Cotter. Hutton was conciliatory, says Lazowski, but he did not apologize for his colleague’s behaviour on Sept. 11. Cotter did not return my phone call.

Lazowski promised to send the money but then reneged, because, he says, Charron had taken advantage of him by taking the truck without permission and then not owning up. Here was the bad guy, who ended up in jail, says Lazowski, and then turned to the government to see if he could squeeze more out of him. Lazowski says he was warned he would face additional penalties if he didn’t pay up. He could have appealed, but would still have had to give the vacation money to the ministry, which would have been held in trust.

Though Lazowski says Charron “worked well through the first 10 days of his employment” and even received some bonus money, his performance “slipped rapidly from there.” Lazowski says his dealings with the ministry had him peeved from the start. When he was notified last March about Charron’s claims, he says he was given three choices: Pay the entire claim, try to get Charron to agree to a lesser amount, or dispute it. It was the latter option that upset him most. The ministry’s letter said if he was going to dispute the claim, he had to “provide compelling evidence” that Charron was wrong. Charron, meanwhile, only had to say on his claim what he believed he was owed. Says Lazowski: “As an employer, you are assumed to be the criminal unless you can prove otherwise.”

Fishing For Window Cleaning Employees

Fish franchise owners, Darlene & Bob Duchene.

Words of encouragement for finding employees who fit: Sometimes all an entrepreneur needs to hear about his or her venture is that he or she is on the right track and should definitely keep at it. For Darlene Duchene, receiving that sort of affirmation was all she needed to keep going strong with her entrepreneurial endeavor, Fish Window Cleaning.

The Pitch - Duchene: 

“Fish Window Cleaning is the largest commercial and residential window cleaning business in the country. Our company is headquartered in St. Louis, with four franchise locations in Maryland. As of April 2011, I am the owner of Fish Window Cleaning in Annapolis.

“Our window cleaners are licensed, bonded, insured, come in uniform and are trained professionals. We focus on cleaning from the ground up to five stories, and we also clean gutters, chandeliers, screens, mirrors, ceiling fans and those hard to reach and maintain windows.

“My current challenge is with finding and keeping skilled window cleaners, which in turn makes it hard to grow the business. One aspect of this challenge is that our employees are doing manual labor and are required to do so whether it is 10 degrees or 100 degrees outside. Employees are paid by the job, not the hour, and they must have their own car to drive themselves to the job site.

“For the right people who are independently motivated and like to work outside, it really is a great job. You are your own boss and can schedule as many cleanings in a week as you would like to do. But my challenge is finding and keeping these professional window cleaners. Right now I post the job listing on Craigslist and on SnagAJob.com. I hold group interviews to explain how the job works and bring back those who seem like they would be a great fit with the company. Still, I am having a hard time finding the right people.

“One thing I have been meaning to pursue is reaching out to firefighters — they often work 24-hour shifts and have 72 hours off. A lot of them are looking for things to do during that break, and since you can make your own schedule at Fish, it seems like it would be a good fit. Plus, they are familiar with ladders and can definitely carry the weight of the window cleaning equipment.”

The advice - Asher Epstein, managing director, Dingman Center for Entrepreneurship.
“That is always a good question: How do you find those people who are self-motivated to do the work? I have to say that it sounds like you are doing all of the right things. Since you aren’t looking to hire dozens of people right now and are just trying to get a handful of good window cleaners, I think the group interview is a great way to go about it. That way you are not spending too much time on each person, especially since the job will only be a good fit for a few of them. With Craigslist you will definitely get the most bang for your buck because it is free to post job listings on. And, if SnagAJob seems to be working and is inexpensive, I’d stick with that too.

“Keep finding new and innovative ways to get in front of your target employees. I think the firefighter idea is really fantastic. I would definitely recommend you try to tap into that market and for the exact reasons you said — they are free for days at a time, could make their own schedule, are good with ladders and can lift the equipment. That could really be a nice relationship to develop with a local department. You are definitely thinking about your business differently and turning the model upside down.

“You could also try to get hooked into the community college. Students would likely be interested in a job at which they can make their own hours. Overall, it sounds like you’ve got the right strategy and I really wouldn’t change much. Give it time and stick with it — it sounds like this is a very successful and proven model.”

The Reaction - Duchene:
“That is great to hear. I have no doubt that I’ll be able to grow my franchise with time. I will also be sure to tap into the firefighter market in the very near future. I definitely think I could be on to something there.”

Window Cleaning Employers/Employees Despair

Red Rock Window Cleaning was founded in 1998 by Coby Powell (center) starting out as a one man operation.

ICE Going After Businesses Who May Have Illegal Workers, LAS VEGAS: The federal government is paying much more attention these days to illegal workers, and if an employer makes a simple paperwork error, it can really cost them. Over the past four years the number of businesses in the U.S. being audited by Immigrations and Customs Enforcement has more than quadrupled. ICE is cracking down on Las Vegas businesses who hire illegal workers, but also some just failed to accurately fill out forms. Across the country, ICE has fined businesses roughly $9 million just this fiscal year. Some of the companies that are in trouble are knowingly breaking the law, but others who work hard to stay in compliance say something as simple as missing a signature is costing them big.

"We were scared at first. Some authority with a badge came in, so we were scared at first but we thought we were in compliance and had all our documents in place," said Coby Powell (pictured) with Red Rock Window Cleaning. It was a costly visit Powell never expected. Without notice, an officer from ICE just walked into his office and said his window washing business was being investigated. "They didn't give any reason as to why they came, they just came in. She was very polite, they talked to us and said get the information for this investigation," he said. Immediately Powell turned over all the I-9 forms requested by ICE. Every employer, like Red Rock Window Washing, is required by law to fill out I-9's when hiring workers to verify their identity and employment eligibility. Powell thought he had everything in order.

"Though we had all the information, almost all the information needed to fill out the I-9's, we didn't transfer that information on the I-9 and sign it and sign the dotted line at the bottom that we verified everything and everything was in compliance with the form," he said. Powell was fined $25,000 -- $1,000 for each form, for each employee. "The employers are always shocked. They have no idea why this is happening, they don't understand what's going on," said immigration attorney Gus Fountas.

Fountas says he's seen the number of U.S. businesses being investigated and fined by ICE rise dramatically over the last two years. "They are taking it more seriously that employers should not be violating the law at all and that employers will be held accountable," he said. "Go through your HR files, ensure your I-9's are filled out, verify employees with cards and expiration dates that you re-verify those," said Powell. The president of Red Rock Window Cleaning shared his story because he wants to let other businesses know that ICE means business, and even if you think you're in compliance, go over your records with a fine-tooth comb. The enforcement is all part of President Barack Obama's policy to crack down on immigration issues.

Employer: ‘We can’t hire 99 percent of the people who apply’ - Today, we explore the other side of the unemployment issue and how hard it is for employers to find qualified, competent and, as you will see, reasonably intelligent employees to join the workforce.

‘This is what we’re up against’ Another company’s owner allowed me to go behind the scenes in his hiring process. I viewed application after application and came away shaking my head in disbelief. Mistakes. Misspellings. Misdemeanors. I couldn’t believe they were genuine applications, but they were. “We can’t hire 99 percent of the people who apply. I’d be out of business in a heartbeat,” said Don Markovich, owner of Bren-Mark Window Cleaning Service in Valparaiso. “The applications we receive on a daily basis are a sight to behold.”

His company uses an online hiring system for applications, including about 20 minutes of questions, explained to me by office manager Candy Smith, who has the daunting task of interviewing some of the knuckleheads who apply — if they even show up for the interview. “We can always upgrade our staff, and we’re interviewing every week, but this is what we’re up against,” she said while guiding me through the website’s application system.

The incredibly detailed system shows red boxes for “warning” or “weak” and green boxes for “clear” or “interested.” I saw many more red boxes than green ones on most people’s application. I literally laughed out loud at some of the applicants’ responses and they had to be rejected even though the company could receive a sizeable tax break if they were hired. For instance, under the question, “What SKILLS do you bring to this job?” one woman responded, “My smile.” In the comment section of her (rejected) application, Markovich wrote, “Smiles don’t clean windows.”

“I’m tired of hearing about how nobody’s hiring,” he told me. “It’s important that the general public understand there ARE businesses hiring and willing to pay good wages.” “We, like many other businesses, are limited not by our skills or motivation, but by the number of quality employees we can find,” he added. “Every time the president and Congress extend the unemployment benefits, our labor market keeps sitting on their collective ass. Why should they start a job that starts them out at what they are collecting on unemployment? Even though they can make two to three times that within three to four months, they don’t care. They will wait until the benefits run out before looking for a job.”

The downside to today’s column is obvious: “There is an incredible amount of people who are, for all intents and purposes, not employable,” Markovich said flatly. (On Monday, between noon and 1 p.m., Markovich will offer first-hand tips and insights for job-seekers on my weekly radio show on WVLP, 98.3-FM, www.wvlp.org.)

The upside of all this incompetance? This should inspire all those other job-seekers who are honest, credible, qualified, competent, intelligent and professional. And, if anything, the Darwinian culling of the job-applicant herd should eventually work in your favor if you learned anything today from Markovich and Pearman. “Sorry, America. I was never in favor of the ‘everybody gets a trophy’ mentality,” Markovich said. “Just because you helped clean up a work site for $12 an hour doesn’t qualify you as a carpenter. And if your education and skills say you are only able to stock shelves, then you are a stocker.” My suggestion to job seekers: For starters, review your resume, personalize your application approach and provide intelligent responses, spelled correctly. And save your smile for the interview, not the application.

Ten Important Customer Service Tips for Small Businesses

10 Important Customer Service Tips for Small Businesses: If you are a small business owner, it is important to make an effort to not only please your customers, but to treat them very well. Just like corporations, customer service is an important part of a business. By making your customers feel valued, they will continue to use your services.

Consider these customer service tips to improve upon your small business customer service skills.
Establish a rapport. Every customer wants to know that you value them. You need to consider the relationship that you have with your clients. By maintaining a good relationship, your client will feel like you truly care about them, and will want to continue doing business with you. This is probably the most important small business advice.

Make personal phone calls. Whenever possible, make personal phone calls to your customers. If your customer hears your voice, they will feel like your company really cares. In a world where email and other quick forms of communication are popular, you can make your small business stand out by making personal phone calls in addition to your usual communication methods.

Distribute a newsletter. By creating a newsletter, you can keep your customers informed about your company and its happenings. Clients love when businesses stay in touch and update them on news and industry happenings.

Acknowledge holidays and birthdays. If you really want to set yourself apart from the crowd, make sure to acknowledge birthdays, holidays and other special events. Customers want to know that they have not been forgotten. This is a great way to make the day of your customers. This will help keep your customer coming back and will continue to bring you a profit.

Break your own rules occasionally. You will learn that there is not always one way to do something. By breaking your rules occasionally, you may learn that you have kept a customer that may have otherwise left. It is important to make decisions based on each issue that is presented to you. This will enable you to keep your customers happy.

Let your employees make customer service decisions. Teach your employees how to respect to your clients. Trust in your employees and their customer service decisions. By doing this, your employees will continue to recognize the value of keeping customers happy.

Offer gift certificates. If your customer is happy with your company and its services, chances are they will be likely to recommend your small business to friends and family. By offering gift certificates, you are making it easy to share your company and a way for other people to learn about your business and its many offerings.

Give back to your community. It is important to show support for you community. Small businesses are often supported by their surrounding communities. By showing that you care, and by giving back to your community, you will show customers that you care about things other than just your business.

Create a network. Branch out to other small businesses. Learn and share information from other businesses in your industry. There is always more to learn about your field, and by creating a network with other businesses, you will not only learn more, but your business will continue to grow.

These small business tips will help you continue to improve customer service. In a world where small business owners are constantly competing with corporations and big businesses, this customer service help will make you stand out from the crowd. Customers appreciate working with small businesses that care.

More business tips for entrepreneurs at http://www.method-marketing.com