As Jim Collins noted in Good To Great, you need to get the right people on the bus [your organization] and you need to ensure they are in the right seats on the bus. When it is difficult to find people at all, growth minded businesses understand the value of investing in developing internal talent. Investing in the employees you have can produce significant return on investment.
Whether you are an entrepreneur or a person in a position of leadership at the helm of a large organization, attracting good talent starts with:
Key to Success: Process
Process. Culture and systems have to be in sync with each other for a company to succeed. While culture is a hot topic, it is more about what an organization does than what it says it will do. It is important for entrepreneurs and leadership teams to review whether their processes are in alignment with their vision. If there are setbacks to growth, a good place to start would be in reviewing the processes that are in place. Developing systems helps to ensure that there is consistency in your organization. Clarifying expectations helps team members to understand what they need to do in order to succeed. Communicating processes that are consistent with the vision enable everyone to see where they can help move things forward.
Key to Success: Production
Production. A company has to produce goods and/or services. Having the right people and processes completes the cycle of needs to ensure an organization will create value through production. Production issues help to reveal shortcomings in processes. Often failure helps us to better see areas we can improve than success does. Be sure to embrace the opportunity to grow as a leader and a team. Production, process and people all work together to create progress. If you are struggling to make progress start to work backwards to determine areas that need to be addressed.
Here is a good resources from EOS on how to trace down issues and establish better meetings:
Key to Success: Progress
Progress. Having the right people, developing your processes and improving production are all keys to success. There is no guarantee for success. There are no short cuts to success. Leaders can learn a lot from gardening on how to cultivate a growing team. In an article published with Restoration and Remediation Magazine, we identified keys to change for withering grass, flowering weeds and crab grass within an organization. Like a flourishing garden, growth in an organization is attractive and creates a sense of pride. If we invest in our people, process and production we will find that progress is much more attainable. As the organization moves forward together it is easier to identify and address areas of the company that need to be adjusted. Progress is not perfection. Progress means we are gaining on our goals.
We often glamorize stories like The Wolf of Wall Street. Leonardo DiCaprio who plays the notorious ring leader of the Stratton Oakmont, Jordan Belfort. Stratton was expelled by the NASD in 1996. Belfort was indicted for securities fraud and money laundering in 1999. During it’s heyday, the company employed over 1,000 stockbrokers. One of these stockbrokers was Richard Bronson who shares his story in the video below. Bronson was charged with financial crimes and served two years in prison. As noted by the creators of the video, Freethink,
“While incarcerated, his eyes were opened to the inequities prisoners faced – and how daunting re-entry to society was. He decided to do something about it. He started the website 70 million jobs, with the aim of getting everyone leaving prison not only employment, but a career.”
The difficulty for felons to find a job
Finding a job can be difficult enough. Finding a job with a criminal record can seem almost impossible for most ex-felons working to reintegrate back into society. Bronson’s organization 70 Million Jobs works to be a reliable resource for those looking to improve their employment opportunities. Felons can find help with resumes and finding local job listings from companies ready to hire applicants with a criminal background. In and interview with Forbes Magazine, Bronson is asked why he believes that felon’s should be given a second chance. Richard responds,
Having lived with hundreds of men in prison, I observed that as people they were no better or worse than those I knew on the outside. Mostly, they were folks who had very few options in life, and followed the path that others around them were following.
Advantages of giving jobs to felons
In the article and on his organization’s website, Bronson notes that there are some advantages when employers take a chance on an applicant with a criminal background:
Providing jobs for felons reduces recidivism
Recidivism refers to the likelihood that someone who has been incarcerated for a crime will return to those circumstances. The rates of recidivism are very high. Working together at the federal, state and community level to create opportunities for ex-felons is a benefit to all in society. Groups like 70 Millon Jobs and United Purpose Network are hard at work to promote resources for recycling lives. Richard speaks to the value of investing in opportunities for those with a criminal past:
Recidivism costs cities like Los Angeles tens of billions of dollars annually, destroys lives and families, erodes society, to say nothing of the impact on the new victims. We think that progressive cities and states are recognizing the economics of recidivism and are looking for business solutions. That’s our big opportunity over time. Employment is the silver bullet.
Originally published by The Felon Toolbox
4/2/2019 0 Comments
A recent ruling in Washington State has broadened liability in insurance claims to individual employees.
What is the extent of the reach of the Consumer Protection Act (CPA) and the liability exposure of individual professionals? Historically there has been a separation between agents of an organization and the company which holds the contractual relationship with their customer. In contested insurance claims it is common for companies related to the claim to be brought in as witnesses and/or claimants. Keodalah v. Allstate Insurance Co. is a case from 2018 that broadens the parties that could be called into account, at least in Washington state, to individuals involved with the claim.
What is the legal separation between carrier and vendors?
Working in the property restoration for over a decade, it is difficult to argue that the line(s) between carrier and service providers can often be blurry. When a restoration company is sent to an insured in need as a preferred vendor, in the eyes of most homeowners they are a representative of the carrier. How often have you arrived at a loss to be greeted by the homeowner, “Oh, you are from [insert carrier name]?” How many times have you had to clarify that you work with said carrier but you are an independent contractor? If this relationship is unclear in the mind of the consumer it could be a potential area of exposure.
Do Third Party Administrators (TPA) increase exposure?
With the rapid rise and prevalence of Third Party Administrators (TPAs) enforcing carrier requirements, many restoration providers believe the definition of “independent contractor” is even blurrier. When the carrier sets the guidelines of claims response, standardizes estimating parameters and reserves the right to interpret the nuances of the claim, it is hard to argue that there is much independence for providers that want to continue to work with the volume being funneled through these systems. Furthermore, in cases where the contractor is being called upon to provide information, documentation and opinions related to cause, source, extent and/or duration the contractor may be crossing into the gray areas between duties.
Contractors need to be aware of the liability.
Writing for Restoration & Remediation, former adjuster Peter Crosa comments, “It is within this scenario that the restoration contractor walks the proverbial ‘tight rope’. Performing satisfactory work for a property owner to make sure you get paid while providing a scope deemed fair and acceptable to the adjuster and the insurance company hoping that they’ll call you again on future losses.” As such, if the Keodalah ruling gains prominence within the application of the good faith requirements of the CPA, it may not be so far-fetched to see this extending to restoration companies as well as other professionals involved in the claims process.
What is the Consumer Protection Act (CPA)?
The Consumer Protection Act sounds self-explanatory in its purpose of protecting consumers. In the Keodalah ruling, Washington State has extended the responsible parties in the processing of an insurance claim. With regards to making a case under the CPA the Supreme Court ruled in Hangman Ridge Training Stables, Inc., v. Safeco Title Insurance Co. that, “A plaintiff must show:
What is the Keodalah ruling?
Keodalah v. Allstate Insurance Co. (No. 75731-8-1)
The basics of the case, which should be reviewed with the caveat that we only have those details released by the court. Moun Keodalah was struck by a motorcycle at an intersection which ended in fatality for the motorcyclist. The motorcyclist was uninsured and Keodalah made an Uninsured Motorist (UIM) claim with his carrier Allstate Insurance. “The Seattle Police Department (SPD) investigated the collision. The SPD determined the motorcyclist was traveling between 70 and 74 m.p.h. in a 30 m.p.h. zone. SPD reviewed Keodalah's cell phone records. They showed that Keodalah was not using his cell phone at the time of the collision.”
The available UIM coverage was $25,000 and Allstate responded that Keodalah was 70% responsible so their initial offer was $1,600. (As an aside, quick math brings 70% of $25,000 to $17,500) We don’t know how Allstate came to that initial conclusion but upon rebuff by the insured the amount was raised to $5,000 without any further explanation. One can begin to see how a jury of peers, each with their own perspectives and experiences with insurance, might view this approach as “low-balling”.
Allstate held to their stance that Keodalah was 70% at fault even thought this claims was contradiction to the SPD determination, witness accounts, phone records review and a third party reconstruction investigation (hired by Allstate) from Traffic Collision Analysis, Inc (TCA). Before trial Allstate raised their offering to $15,000 which Keodalah refused and the case continued to jury trial.
Why is the Keodalah ruling unique?
What is unique about the Keodalah ruling is that the Allstate CR 30(b)(6) representative Tracey Smith was named personally in follow up suits. These suits called upon Washington Insurance Fair Conduct Act (IFCA) violations, insurance bad faith and Consumer Protection Act (CPA) violations. From law practitioners that I have spoken to on this case, we have not yet confirmed whether Tracey Smith was the handling adjuster but court documents seem to point to her acting in that capacity. According to lawyer Keith M. Ligouri, “The decision substantially broadens the scope of the threats available to claimants’ counsel when it comes to bad faith. The holding arguably expands exposure beyond the primary adjuster to any employee involved in the adjustment process.”
Keodalah is unique in that Washington State is now the only state which allows individual company representatives to be sued while operating as agents of their company with regards to insurance claims. Responsibility, under the Consumer Protection Action, to the insured does not require a direct contractual relationship. Keodalah potentially opens a “Pandora’s Box” as argued by an Amicus Curiae Brief of Washington Defense Trial Lawyers (No. 95867-0). This brief notes that already two cases have already extended the implications of the Keodalah ruling to lawyers representing insurance carriers.
What is the potential fallout of the Keodalah ruling?
The Consumer Protection Act prohibits, “Unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce.” (RCW 19.86.020) With regards to the information available through Keodalah it appears that either the adjuster was responsible for instigating a lie or was an agent of the company supporting a false narrative. Regardless of where the false information and resulting policy dispute originated from, as an agent of the company, the adjuster Tracey Smith was deemed to be culpable.
Insurance adjusters, whether captive or independent, appear to have the most direct exposure in the state of Washington. Review documents note, “The Court of Appeals reversed the superior court and reinstated Plaintiffs’ bad faith and CPA claims against Smith. The court held that RCW 48.01.030 imposes a duty of good faith upon adjusters individually and that the duty is actionable in tort and under the CPA.” As will be discussed below, interpretation of CPA through the Keodalah ruling has already been extended to carrier counsel.
Questions insurance vendors should be asking:
What is the future of the Keodalah ruling?
While insurance fraud is real and has consequences that ripple through organizations as well as to end line users in the form of policy rate implications, good faith is also a key ingredient in the claims process. Consumers are expected to act with integrity as are carriers, their agents and those associated with the claim. The 2018 ruling by the Supreme Court of Washington State in Keodalah v. Allstate, which is currently under review, should be something all individuals operating within the umbrella of insurance claims are paying attention to. It’s no surprise that an consumer would take legal action against a company in the event of a dispute, but it is historic that the individual agent was named. Keep an eye on this case.
Article original published by Restoration & Remediation Magazine
Identity, honesty and adaptability are key to growing as a professional as well as an organization.
Having a clear sense of identity is important for leaders and organizations. In the play Hamlet, William Shakespeare speaking through Polonius provides this fatherly advice, “This above all: to thine own self be true, and it must follow, as the night the day, thou canst not then be false to any man.” A clear identity enables leaders and teams to be honest with each other as they seek to compete in business. Honesty among individuals as well as within teams facilitates real time adaptability to changes in the market that are critical to sustained success.
Let’s break down the quote from Polonius to peel through the layers that will enhance our growth mindset:
1. “This above all else…”
You must prioritize. There’s isn’t enough time, money or resources to do everything. There are limits and they can demotivate you or force you to take the smartest risks you can imagine. To activate your growth mindset you cannot lose touch with reality, you must learn the ever evolving terrain, rules, resources and limitations. Again, reality is not the enemy, it is essential to growth.
Author of Organizational Physics, Lex Sisney, has composed Three Covenants of operating agreements to help teams maximize input and buy in. Covenant 3 states, “The goal is frank and honest discussion of the facts before a decision is made, followed by total commitment to implementing the solution after the decision is made.” Those in a position of leadership do well to understand that they need as broad a net of inputs as possible from within as well as without their team.
Failure to listen to those who are in the field distributing your products or services, those frontline employees, is cutting your organization off from valuable perspectives. Leaders also must understand that conflict does not have to be negative. Creating an open forum where ideas flow without filters requires the allowance of dissension. The team can create healthy boundaries for discussion to remain civil while making clear the timeline for disagreement and the expectation of buy in once the decision is made. As Sisney put it, “Put another way, it’s OK to question a decision up front but it’s not OK to fight it or ignore it during implementation.”
2. “To thine own self…”
Organizations that struggle with their identify will struggle to clarify their value proposition in the market place. Organizational culture and identity sound like such lofty concepts but they are merely reflections of the teams day to day actions and the identity of the leadership. Your company culture is what you do. Your organizational identity often mirrors that of your leadership. We make culture and identity abstract when we try to create them rather than recognize what they are and then optimize them.
In The Real Life MBA, Jack and Suzy Welch write, “The only reason to talk about behaviors at work is that leaders need be very public, very clear, and very consistent about what kind of behaviors are needed in order to achieve the company’s mission.” Leaders must lead by example, it should be the working definition of leadership but often it falls short of action. When those in a position of leadership understand themselves they free up capacity to find and build other leaders who will round out the team needs so that the mission can move forward. When leaders don’t understand themselves they often lead by fear and hold the team back from reaching its potential.
Clarity comes from truth. Collaboration comes from a willingness to receive input. By combining clarity with collaboration, leaders, teams and organizations will unlock the capacity to compete.
3. “Be true…”
There is an emphasis on authenticity which is important for individuals as well as organizations. Yet, if you are failing or heading towards decline, it takes a strong person to admit they need assistance. In the rapidly evolving market everyone must be acutely aware that what worked last month may not net the same result this month. The need to adapt and adjust to the market is constant. Failure to recognize this reality is a recipe for certain failure.
Our values should be set in stone, in so far as they reflect our ethics and core culture, but our approach to the needs of our clients must be fluid. Lex Sisney shares more on how we remain true to ourselves and yet flexible, “If you want to scale your business successfully — without sacrificing innovation, core values, or execution speed as things get more complex — you’ll need to design on principles, not policies.” Good leadership recognizes the survival of the fittest, which isn’t so much that the strongest and richest survive but those who most adaptable to their surroundings. Recent history has shown how industry giants have been toppled by rigidity and replaced by entities that were willing to change their approach with the fluctuations of the market.
Being yourself and building an authentic company are not unreachable philosophical dreams. A leader who is listening will reap the benefits of real time feedback so that their team can adjust course expediently. Jack and Suzy Welch address innovation in this way, “It can and should be a continual, ongoing, normal thing. It can be and should be a mindset that has every employee at every level of the organization thinking as they walk in the door every morning, “I’m going to find a better way to do my job today.” Leaders who understand themselves can create teams and cultures that thrive. Competing in the market requires a strong identity with adaptability. My father in law wisely calls this rigid flexibility. Stay true to your core and nimble enough to adjust to the tides. Have a vision, work tirelessly to execute on your mission but don’t get so transfixed that you are unable to adapt.
Maintain rigid flexibility as you clarify your identify, build an authentic culture and adapt through collaboration.
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