OzMed

Life Is GOOD!

Diane Skullr — Sat, 27 Jun 2009 16:24:17 GMT

Journal entry: I just re read my last journal entry and damn, I must have been in a really tough emotional place..EEK.. So, a little update....

Life is GOOD!

Yes, I could get used to living the suite life - daily maid service in a beautiful 3 room suite with gorgeous views. Yes, the JW Marrirriot is a fabulous hotel but I live in a nice place too... I have a good view, great sunsets, great weather (a little hot lately), 3200 sq. ft. All I am missing is the daily maid service.... which I guess I could pay for, but I don't.

My almost nephew who was born on 6/3 is doing great. I still have not seen him yet but I will and I get updates from all the family.  I'll be back in CA in July and I will see him them.

The company I sold in California last September is going to be OK.   I was really uoset in my last post but it is all working out.  They have not missed any payment or even been late. I didn't mean to imply that they did. I have since been told that many comapnies try to renegotiate terms after a purchase, so I should not have been worried.   so, NO BIG OUCH!

The call from the IRS. That was nothing too. All they wanted a statement that the sold company's corporate records are now in AZ and wanted the address for those records.

I am looking for a new lawyer. I found one that I like, we are just working out the details - hopefully.

So really must have been in a depressed mood or something as that old blog post sounded dire. Nothing is dire & Life is GOOD!

What a Week This Has Been!

Diane Skullr — Fri, 05 Jun 2009 23:16:00 GMT

Journal entry: This has been a really tough week. When you have a week like this, you have to write about it!

I got back to AZ on Sunday from the JW Marriott in Palm Desert, CA ater the 3 day CSP conference. It was a fabulous venue and everyone there treated me like a queen. I could live that life.. I had a beautiful suite on the 6th floor overlooking the pool and golf course with 3 balconies and 2 bathrooms. Ahhhh. The Suite Life.

Then Real LIFE smacked me right in the gut.

Monday was recovery day, unpacking, sleeping, checking email, etc.

Tuesday, I was sick all day.. could not hold a thought in my head. So, if I made you any promises that day, forgive me because I don't remember much.

Wednesday, Wow for Wednesday.
1) My almost niece (long story) gave birth to my beautiful almost nephew, Alexander Joseph. 7lbs, 7oz and 21.5 inches.. Healthy.. Sadly, they live in CA and I just got back from CA 3 days ago. So I am VERY happy for them and sorry fo myself that I don't get to see Alex until probably July.
2) My husband's Aunt passed away. They live in Ohio. So, we decided that if we're not going to CA for the birth, we were not going to Ohio for the funeral. So, we're staying in AZ. She won't notice anyway! (ouch!) Actually, it's a very sad time andI am using humor to get through it.
3) I sold my company (IN California) last September and part of the terms was a payment plan over a period of time. I got an email from his laywer that they want to renegotiate the terms of the agreement. The email says that If I am unwilling to make the changes they are requesting, then they may file bankruptcy. BIG OUCH! The business and a note is the collateral but if I wanted the business, I wouldn't have sold it. And now, the threat of bankruptcy says it's a business not doing well... What the hell do I do now?????

Thursday, recovering from Wednesday and returned a call to the IRS. They wanted a statement that the sold company's corporate records are now in AZ and wanted the address for those records. What the hell is that???

Friday - Today! I think MY lawyer moved to Florida and now I have to find a new lawyer and my CPA is not returning my emails. The baby is doing great and I am dreaming about Monday?

Legal Update Worth Reading!!!

Diane Skullr — Wed, 29 Apr 2009 22:06:35 GMT

FEDERAL COURT DECISION MAY SIGNIFICANTLY LIMIT RECRUITERS RIGHTS TO PLACE THEIR CLIENTS EMPLOYEES

The issue of "hands-off" policies has long been a controversial one in recruiting. May you recruit your client's employees? May you attempt to place them if they come to you? If there is any such limitation, does it extend throughout the company, and how long does it last? Well, there are three aspects of this about which virtually everyone can agree:

1. It's usually a bad business decision, unless the relationship is, for all practical purposes, over.

2. More and more frequently, recruiters are signing agreements which limit their right to deal with the client's employees, and these agreements are binding.

3. In the absence of an agreement to the contrary, it is a violation of the NAPS Code of Ethics to recruit a placed employee as long as he/she is with the client, or to recruit other employees of the client within one year of the most recent placement with the client at the same location.

As a result of a February decision by the United States District Court for the Southern District of New York in JPMorgan Chase Bank, N.A. v. The IDW Group, LLC, however, there may now be a new reason to stay away from your client's employees. The court found that a recruiter might have a "fiduciary duty" (more on that later) to avoid attempting to recruit or place a client's employees.

In looking at the facts of this case, it is important to remember that no judge or jury has made a final decision about whether the recruiter is liable to the client. This decision was in response to IDW's motion to dismiss JPMorgan's breach of fiduciary duty claim. For that purpose, the court assumes that JPMorgan's factual allegations are correct. It may well be that a finder of fact later determines that none of JPMorgan's factual allegations are correct.

JPMorgan's allegations are that, beginning in February 2007 and as late as June, 2008, the parties entered into a number of virtually identical agreements, the last two of which provided for the recruitment of candidates for JPMorgan's Proprietary Positioning Group. These agreements provided that "IDW would receive individual search assignments from JPMorgan and then analyze JPMorgan's staffing needs, interview and evaluate candidates, present confidential written reports on the candidates to JPMorgan, schedule interviews between JPMorgan and each candidate, collect references concerning the final candidate, assist JPMorgan in structuring proposed compensation packages for the successful candidate and assist JPMorgan in integrating successful candidates into their respective client teams." (The court did not say whether these were retained or contingency searches, and I do not believe it would matter.)

The agreement also contained a "hands-off" clause, in which IDW agreed not to recruit JPMorgan employees or "accept any direct overtures" from them until the later of one year following termination of the agreement or the last placement. JPMorgan has also sued IDW for breach of this agreement, but that issue was not involved in IDW's motion to dismiss. The agreement also provided that IDW did not have an "exclusive" arrangement with JPMorgan.

Between March and July, 2008, six of JPMorgan"s employees resigned and assumed positions at a competitor, Citadel Investment Group. Among those was the president of the Proprietary Positioning Group. JPMorgan alleges that IDW received a "substantial placement fee from Citadel for inducing [its employee] to leave his employment with JPMorgan and accept an offer from Citadel." According to JPMorgan, IDW also recruited, or failed to reject overtures from, some or all of the other five employees who left for Citadel.

In asking the Court to dismiss the breach of fiduciary duty claim, IDW argued that it could not be found to have a fiduciary duty to its client, and that, even if it did, this claim merely duplicated the breach of contract claim, and should be dismissed on that basis. The court ruled for JPMorgan on both counts, holding that, if a jury believed JPMorgan's allegations, there was a fiduciary duty and, importantly, that the fiduciary duty claim was wholly separate from the breach of contract claim. In essence, the Court was stating that even if you don't have a hands off provision in your contracts with your clients, you may still have a fiduciary duty to stay away from their employees.

So, what is this "fiduciary duty," anyway? It occurs "between two persons when one of them is under a duty to act for or give advice for the benefit of another." Such a relationship "is grounded in a higher level of trust than normally present in the marketplace between those involved in arms' length business transactions."

Why did IDW have a fiduciary duty to JPMorgan? JPMorgan cited a number of reasons:

1. It relied upon IDW's superior knowledge of the market, from knowing the pool of available candidates to structuring compensation packages.

2. By functioning as the middleman between the client and the candidate, IDW was necessarily exposed to JPMorgan's highly confidential and sensitive business information, so that they could use it to enable candidates to evaluate the employment opportunity.

3. IDW was given access to JPMorgan's employees "in order to assess JPMorgan's organizational and institutional needs," and was able, as a result, to develop relationships with its employees.

This means, according to JPMorgan, that IDW had a duty not to remain silent in the face of a known risk to JPMorgan's business, not to elevate its own gain above that of its client, to disclose that it had been retained by Citadel to recruit JPMorgan's employees, and to refrain from breaching its contract.

The Court agreed that, if JPMorgan's allegations are true, then IDW breached its fiduciary duty by placing its employees. "These alleged facts, if proven, would take this case far outside the world of the ordinary, garden-variety arms' length business transaction. JPMorgan has alleged a relationship in which IDW served as its adviser, in a position of extraordinary trust, and under circumstances in which it assumed, and may have been entitled to assume, that IDW would act with JPMorgan's best interests in mind...Only discovery will reveal whether JPMorgan can prove these allegations, but they must be accepted as true at this stage of the litigation, and this Court cannot find now as a matter of law that JPMorgan will not be able to establish a breach of fiduciary duty claim."

So, what can we take from all this?

1. This is not a finding that IDW had a fiduciary duty to JPMorgan, but that it would have such a duty if it possessed expertise and promised to perform services which, let's face it, are similar to much of what many of you hold out as your expertise and services.

2. The fiduciary duty obligation is separate from that created by your contract, so that you may have a "fiduciary duty" hands off clause even if you don't have one in your contract.

3. The good news is that this is a trial court decision, not binding on any other state or federal court; but

4. Other courts may choose to follow it; and

5. It will probably encourage clients to sue you if you place their candidates, even if there is no contractual prohibition.

6. There is nothing in the decision to indicate when the fiduciary duty terminates. It may survive termination of the relationship, to the extent you used information learned or relationships developed while the company was a client. Nevertheless

7. You should endeavor to formally terminate agreements you have with "clients" you no longer regard as such, and who have employees you may wish to place.

8. Placing your client's employees has always raised business and ethical questions. Now it raises serious legal questions as well. Be very careful if you wish to swim in this pool

For questions or comments, please contact NAPS = Counsel Bob Style at rpstyle@sprynet.com.

Is It Time To Move On? When Is It Time To Change Jobs?

Diane Skullr — Wed, 15 Apr 2009 18:57:00 GMT

written by Beth Carter
http://www.carterconsultantsltd.com/

Is it the time? Do you really think so? Even in this economy to quit your job? Many think to themselves “I would love to get out of here – permanently.” How do you determine when it’s time to go?

The decision to leave a job is huge and ranks up there with buying a house, getting married, and having a baby. It is a very big decision, and affects other aspects of your life, including how you feel about yourself personally. Suddenly you begin to undervalue your worth and worry about what friends and family might think if you were among the unemployed. Quit and you might suffer from seller’s remorse. Stay and continue to despise your position, and wish you were somewhere –anywhere else.

Sometimes it is important to take stock of a situation and just move on. You might be surprised how liberating it can be. Besides the obvious reasons (want to make more money, shorter commute, etc.) for making a change, keep in mind that this gives you the opportunity to identify a position that is much more fulfilling and provides you with the personal and professional development that you need and want.

But what if the gray areas are just too gray? It is important to look at every component of your job including opportunities for advancement, your relationship with your boss and/or co-workers, the strategic direction of the company and the length of time you have been employed there. Staying too long can present other problems that can affect your self-worth and personal relationships. By being with the same employer for a long time, you can become “too” comfortable so it will be just that much harder to leave. Recruiters and hiring companies also do not think highly anymore of those that only have a couple of companies on their resume.

So, how do you really know if it’s time to go? It may sound odd but going with your gut is probably the best indicator. If you start thinking to yourself “I really don’t want to go there anymore!” Or, “I hate my job!” (That’s always a big one) or you just dread getting out of bed every morning, it is time to start packing up your desk and get out of there.

The bottom line is this - evaluate your situation and make a decision that will facilitate your happiness. If that means leaving, then so be it. You don’t need to stay in a bad situation. Leaving sooner rather than later will allow you to maintain motivated and positive to pursue something else. Whatever you do try as best as possible to leave on a positive note without sacrificing your welfare or your family’s welfare, before you get out of Dodge. No good can come of staying in a bad job.

This article was co-written with Debra Wheatman, Founder and Chief Career Officer of ResumesDoneWrite. www.resumesdonewrite.com

Your Top 10 Worst Twitter Tips

Diane Skullr — Fri, 10 Apr 2009 19:07:37 GMT

Your Top 10 Worst Twitter Tips
Don’t do these:

· Collect as many followers as possible and then just market yourself.

· Only pump out content that is going to benefit you.

· Crank out link after link. Conversation? Why bother?

· Assume everyone in the world wants your free e-book so promote the hell out it.

· If you're a business, forget that you finally have a chance to connect with your customer.
Sell, sell, sell.

· Don't listen. There is no value in conversation.

· Automatically Direct Message people. They'll never know the difference.

· Don't bother replying to anyone's replies.

· Only tweet your daily events, no matter how boring and uneventful they actually
are. Really, your yummy sandwich experience is important.

· Bait and switch. Who cares? You'll never meet the person.

Much of this can be summed up in terms of misinterpretation. Twitter's brand icon is a sweet, little blue bird, not a vulture.

Excerpt from: Tim Andren, Strategic Marketing and Social Media Guide LinkedIn Start-Up forum

Tougher Than I Thought It Would Be!

Diane Skullr — Fri, 10 Apr 2009 17:35:20 GMT

I don't quite have a handle on blogging. Some say to blog daily, some say weekly, and others say to blog only when you have something important to say. Some say to blog personal information, others say keep in business - value add. I think it's suppose to be some combination of both. Business & personal, and even excerpts from other people's information. I hope you find it interesting.

OK, it almost mid-April and I really need to get focused and organized. I want to say TGIF because Fridays used to be de-stress days but that's not true anymore. Now everyday is Friday? I don't stress out like I used to when I was managing DEC. I still have stress but it's on a different level. I no longer have a staff that I have to be concerened about, it's just me for right now. Although a steady income would be nice again!

Making the adjustment from running a 20 year established business with employees and many long-term clients to being an independent, working from home, start-up, is a HUGE transition and it's a lot harder than I thought it would be.

NOTE: I am really mad at Go Daddy right now.. It dropped most of this blog AS I was writing it. argghh

Keeping Up!

Diane Skullr — Wed, 25 Mar 2009 20:10:00 GMT

"Hi! There is so much to learn and so much to do. Hope to network with those who want to grow!"

I came across the above statement, that I apparently wrote on some site, somewhere, promoting Oz Medical. It was written over a month ago. Since then, I have been feeling overwhelmed by all that there is to learn and all that there is to do!

I find myself getting flustered and, rather than reaching for the Xanax, I pull back and play Freecell (I am at 97% with 1260 won and my current streak is 144 and counting!) So, I get flustered a lot!

Diane

diane@ozmed.net

When Interviews Don't Go Well...

Diane Skullr — Wed, 18 Mar 2009 20:01:51 GMT

How do you know when it's not going well?

If you’re doing 70% of the talking… it’s not going well!
If your interviewer is doing 70% of the talking… it’s not going well!
If you don’t have ANY questions… it’s not going well!
If you have a great outside interest in common, and that’s all you talk about… it’s not going well!
If you misstate what the company does… it’s not going well!
If you ask a question about what the company does… it’s not going well!
If you’re answering a question that you misunderstood… it’s not going well!
If your answer is taking 5 minutes… it’s not going well!
If you have no examples of work situations… it’s not going well!
If you can’t tell them what’s different about you… it’s not going well!
If you’re not sure of something they refer to on your resume… it’s not going well!
If you can’t remember what an acronym on your resume stands for… it’s not going well!
If they are sitting straight up in their chair and you’re slouching… it’s not going well!
If they are taking more than one call during your interview… it’s not going well!
If your cell phone rings in the interview, and you look to see who it is… it’s not going well!
If your 1 hour interview ends in 20 minutes… it’s not going well!
If they ask about your weaknesses and you give one that’s critical to the job… it’s not going well!
If they ask about your weaknesses and you say “I work too hard”… it’s not going well!
If they ask about your greatest accomplishment and you don’t know… it’s not going well!
If you’re asking about salary, benefits, and vacation in the first 30 minutes… it’s not going well!
If you put your feet on their desk and belch (it’s happened)… it’s not going well!
If you arrive in a T-Shirt and Khaki’s when they all wear suits (it’s happened)… it’s not going well!
If you’re wearing a nice suit and tie, with hiking boots (it’s happened)… it’s not going well!
If you’re telling stories about what a jerk your previous boss was (it’s happened)… it’s not going well!

Reprinted from http://www.thewisejobsearch.com

redslipperjobs on twitter

Diane Skullr — Fri, 27 Feb 2009 01:52:51 GMT

Redslipperjobs is now on twitter. http://www.twitter.com/redslipperjobs

In just a few short hours, we have over 100 followers and one contact from a reporter for a Seattle jobs magazine. We are pre-launch with redslipperjobs.com so it is too early for publicity. But soon….

Maybe I'm doing this Ass Backward

Diane Skullr — Thu, 19 Feb 2009 02:20:45 GMT

But maybe I’m not.

I have put 5% effort into developing Oz Medical this week and 90% in developing Red Slipper Jobs and 5% working on the CSP Conference in May, 2009. Oz Medical will bring in more immediate money, Red Slipper will take a year or more before generating any revenue. OZ Medical means that I am solely responsible for its success or failure, whereas Red Slipper Jobs will be residual, even though it will still be MY responsibility.

Tomorrow, I have 2 webinars and I am babysitting my granddaughters, so NO work tomorrow. Friday is, well, it’s Friday. So there it is. Red Slipper Jobs wins this week!

Radiology Job Market Forecast

Diane Skullr — Sun, 15 Feb 2009 18:44:16 GMT

Check out = 'Radiology and Radiologist Job Markets - Forecast and Advice for Tough Times' = Link:

Radiology and Radiologist Job Markets - Forecast and Advice for Tough Times - An Editorial by Jennifer

FREE webcast titled ADA Amendments Act

Diane Skullr — Wed, 11 Feb 2009 22:36:31 GMT

You can = watch the HR.com webcast titled ADA Amendments Act = Sponsored by J. J. Keller & Associates, Inc. at your = leisure and for FREE.

We would = like to offer you the archived recording of this presentation: You can access by clicking HERE. (HR Certification Institute recertification = number ORG-PROGRAM-41692). You will need to register at HR.com but = there is no obligation or cost to do so.

Keeping In Touch!

Diane Skullr

diane@dianeskullr.com =

ADA has new regulations effective January 1, 2009

Diane Skullr — Tue, 10 Feb 2009 19:02:50 GMT

Job Accommodation Network can be found at http://www.jan.wvu.edu/

Your Resource for Workplace Productivity = Enhancements and Reasonable Accommodation Solutions.

A service of the U.S. = Department of Labor’s Office of Disability Employment Policy

EEOC enforces the Americans = With Disabilities Act

Networking Defined

Diane Skullr — Mon, 09 Feb 2009 23:42:00 GMT

Networking is being a valuable business and personal resource for others and expecting nothing in return!

OZ Care

Welcome

Diane Skullr — Wed, 04 Feb 2009 19:28:03 GMT

Welcome to my blog. Please check back soon for new entries. I know that I have alot of information available that I can teach others. So, If you have any topics that you would like discussed, drop me a note to diane@ozmed.net and I will talk about it,