Always FreyDay

Friday, November 6, 2020

2020/11/06 - The Return to Work Amidst & Following the Pandemic

[NEW EPISODE] The Return to Work Amidst & Following the Pandemic

SMBs need a firm aware that many business owners – from the small business to the large corporation – are not always the villain in an employment law or labor law dispute. Mistakes are made, Employers miss nuances and changes in the labor law requirements. Disgruntled workers can (and will) file frivolous suits.

To make things even more interesting, SMBs and their employees now realize that life-altering events, like a global pandemic, can happen and create additional employment issues. How do SMBs and their counsel navigate a situation that no one has experienced in the past 2-3 generations?

On this episode of Always FreyDay, we are joined by Eric Sarver, Founder of The Law Offices of Eric M. Sarver. Eric is an attorney focused on Employment Law and Business Law for the more than 20 years, and he happens to be a fellow podcaster on TalkRadio.NYC, as host of the show, Employment Law Today!

Tune in for this pragmatic conversation at or watch the Facebook Livestream by clicking here.

Show Notes

Segment 1

Steven Frey welcomes Eric Sarver today, Founder of The Law Offices of Eric M. Sarver. Eric is an attorney focused on Employment Law and Business Law for more than 20 years.  Today they’ll discuss some of the nuances around employment law SMB’s may have not faced before amidst the pandemic.  Steve further discusses the two types of risk for SMB’s:  calculated risk and trial by fire.  Steve closes this segment with Napoleon Hill’s Law of Success.  

Segment 2

Steven further welcomes Eric Sarver, fellow podcast host on  Steven opens up asking Eric the idea of method upon returning to work during the pandemic.  Eric dives into networking and word of mouth to help promote business without too much ego, and instead confidence.  They further discuss consistency, honesty and transparency amongst your clients and that instilling fear is not a tactic that always works.  

Segment 3

They open this segment talking about the employment law world and some of the “madness” surrounding it, especially within the pandemic.  Eric dives into how his approach is to educate employers and to be  prepared before anything happens.  Eric further discusses how to have this preparation in case business is struggling or not hit with any surprises.  Do not let employment law be a hindrance to your business and hire an expert to help guide you through any issues, again stressing Steve’s point about having the right people in place.  Eric closes discussing some of the unique employment law cases due to the pandemic.  

Segment 4

In the last segment Steve asks Eric what the listeners can take away to make a weekend impact in their SMB.  Eric discusses having a strong foundation and the right people in place. He also mentions the importance of written documentation and handbooks for their employees/business and lastly not to make any rash decisions. In closing Steve asks Eric his favorite movie/tv show character, favorite movie/tv show, tv show favorite musical instrument and favorite musician who plays it.


00:00:35.490 --> 00:00:40.710 Steven Frey (SMB Guy): Hi out there, everyone. Happy Friday, thank god it's Friday as some of us would say, although

00:00:41.160 --> 00:00:49.920 Steven Frey (SMB Guy): It's always Friday with me. Stephen Fry your SMB guy. I see. Why am I, which is in case you missed it s AMP P stands for small and medium sized business.

00:00:50.340 --> 00:00:58.050 Steven Frey (SMB Guy): I have been an SMB advocate consultant enthusiasm and owner for over 20 years now in my travels one major observation I have made.

00:00:58.440 --> 00:01:04.770 Steven Frey (SMB Guy): Is that some of the best thought leadership for SMEs happens on Friday when we feel the freedom of the weekend coming

00:01:05.400 --> 00:01:15.030 Steven Frey (SMB Guy): However, we're so anxious to get into the meat of the weekend we seem roll through the Friday and these crucial pearls of wisdom that we come across. They're often overlooked.

00:01:15.300 --> 00:01:20.070 Steven Frey (SMB Guy): And forgotten in favor of our fun weekend activities and our freedom from work.

00:01:20.640 --> 00:01:30.360 Steven Frey (SMB Guy): So on always Friday, what we're here to do is we take advantage of that weekend freedom and clarity to discuss popular topics on the minds of SMB leaders and their trusted advisors.

00:01:30.840 --> 00:01:34.620 Steven Frey (SMB Guy): Coincidentally, my name also means free in German.

00:01:35.040 --> 00:01:44.790 Steven Frey (SMB Guy): Which is a fun fact for everyone. We do like a little bit of deeper meeting here and always Friday. It is not just a play on words, although I do like plays on words alliteration ponds, all of the above.

00:01:45.210 --> 00:01:50.040 Steven Frey (SMB Guy): So on on that happy note, I'm going to slip into some shades and embrace the freedom of our weekend.

00:01:51.990 --> 00:01:58.770 Steven Frey (SMB Guy): Excellent. So today's topic of discussion is the return to the office amidst and following the pandemic.

00:01:59.250 --> 00:02:07.020 Steven Frey (SMB Guy): We're talking about steering SMB leaders and their employees in the right direction. During what's very, very confusing time in our lives.

00:02:07.320 --> 00:02:15.120 Steven Frey (SMB Guy): In addition, we're also going to discuss the idea of Business Council relying on typically documented case laws and navigation tool.

00:02:15.540 --> 00:02:25.440 Steven Frey (SMB Guy): raises a big question right now of how to SM B's their attorneys and there are other trusted advisors. How do they deal with employment issues that they may never have faced before

00:02:26.040 --> 00:02:39.690 Steven Frey (SMB Guy): So while we're on talk radio dot NYC. We don't want this to be just talk. The goal here is to use the insight that we will provide today on the SMB landscape and really use it to create more impact come Monday morning.

00:02:40.290 --> 00:02:49.800 Steven Frey (SMB Guy): We like to bring a fun unique perspective around the people process and products that are driving SMEs today. I'm a big believer that these days.

00:02:50.220 --> 00:02:56.040 Steven Frey (SMB Guy): People are so focused on the product, the technology, the new app, the magic wand, the shiny mouse trap.

00:02:56.640 --> 00:03:02.820 Steven Frey (SMB Guy): That's going to solve all of their problems in my travels, and the Travels of many of my constituents.

00:03:03.300 --> 00:03:10.770 Steven Frey (SMB Guy): Products change every single day in every other facet of our lives whether you're talking about your business life or your personal life.

00:03:11.160 --> 00:03:19.470 Steven Frey (SMB Guy): There's no substitute for surrounding yourself with the right people first and keeping a focus on the process that's really going to help you achieve your goals.

00:03:19.920 --> 00:03:28.170 Steven Frey (SMB Guy): As long as you do this, I do believe the right products they will present themselves when needed by the SMB everything begins and ends with the people.

00:03:28.830 --> 00:03:40.620 Steven Frey (SMB Guy): So, in the spirit of surrounding yourself with the right people. We have a great show for you here today. Our special guest is Eric Sarver from the Law Offices of Eric and Sarver very clever name, my friend.

00:03:41.400 --> 00:03:51.990 Steven Frey (SMB Guy): Mr Sarver opened the Law Offices of the Law Offices of Erica server in April of 2001 after beginning his career as an Associate Attorney at a Park Avenue law firm.

00:03:52.290 --> 00:03:56.160 Steven Frey (SMB Guy): Then subsequently moving on to a position at a prominent civil rights firm.

00:03:56.580 --> 00:04:02.850 Steven Frey (SMB Guy): For more than 20 years Eric has been successfully advancing his clients interest during complex employment law.

00:04:03.180 --> 00:04:12.570 Steven Frey (SMB Guy): And labor disputes, whether in mediation arbitration or in the actual courts in defensive management and on behalf of employees as well.

00:04:13.110 --> 00:04:22.020 Steven Frey (SMB Guy): Mr Sarver uses his wealth of legal experience to guide companies through the complex maze of compliance with ever changing labor and employment laws.

00:04:22.350 --> 00:04:27.930 Steven Frey (SMB Guy): Thus reducing your company's risk of liability penalties and negative presser exposure.

00:04:28.470 --> 00:04:38.580 Steven Frey (SMB Guy): Moreover, Eric councils defends and represents companies and business owners in various matters of business law, including but not limited to

00:04:38.910 --> 00:04:46.470 Steven Frey (SMB Guy): business entity formation restructuring and dissolution Shareholder Agreements operating agreements investor agreements.

00:04:46.710 --> 00:04:56.250 Steven Frey (SMB Guy): licensing agreements also negotiating by cells and purchases purchasing sales of businesses drafting and negotiating some executive business contracts as well.

00:04:56.880 --> 00:05:02.880 Steven Frey (SMB Guy): Eric is well known for his Ellis defense and art and advocacy of clients on behalf of his employers and management.

00:05:03.180 --> 00:05:10.200 Steven Frey (SMB Guy): Mr server has successfully defended companies in New York State Department of Labor audits, investigations and administrative proceedings.

00:05:10.500 --> 00:05:23.520 Steven Frey (SMB Guy): Resulting in NYS Department of Labor dropping charges good men closing their investigations and negotiating down penalties, fines and which claims by a 300% reduction from their original judgment or adverse decision.

00:05:24.210 --> 00:05:38.670 Steven Frey (SMB Guy): Negotiated settlements and potential seven figure claims brought by former employees partners and workers and he's also defended businesses in federal court from class action claims for unpaid wages and overtime within the restaurant and hospitality industries.

00:05:40.770 --> 00:05:52.650 Steven Frey (SMB Guy): He is the absolute most ideal person to discuss what we're here to talk about today, because it's what he deals with every single day, helping SMEs and their leaders really navigate the complex world of employment law.

00:05:52.950 --> 00:05:58.260 Steven Frey (SMB Guy): And there isn't anything really more complex these days than dealing with the pandemic that we've all been dealing with

00:05:58.860 --> 00:06:07.440 Steven Frey (SMB Guy): So in addition to talking about some some fun business talk here we're going to discuss some fun personal talk as well. We're going to get get to my favorite three questions later on in our show.

00:06:07.740 --> 00:06:16.260 Steven Frey (SMB Guy): Who was your favorite movie or TV show character. What is your favorite movie or TV show. And what is your favorite musical instrument and the artists who plays it

00:06:16.590 --> 00:06:25.320 Steven Frey (SMB Guy): We're going to get to that in just a little bit. In the meantime, just going to give you my take on, you know, the topic at hand and also maybe a reference from my library of

00:06:25.800 --> 00:06:35.160 Steven Frey (SMB Guy): Of books that I that I have in my my arsenal here. So, you know, one one thing stands constant with with these types of discussions is people are afraid of the law.

00:06:35.640 --> 00:06:42.870 Steven Frey (SMB Guy): Even business owners now business owners aren't always so easy to scare. That's why you know if you go into business for yourself.

00:06:43.320 --> 00:06:45.750 Steven Frey (SMB Guy): By definition, you like a little bit of risk.

00:06:46.260 --> 00:06:55.500 Steven Frey (SMB Guy): That's why I personally never understood why salespeople and business development folks would try to sell to small medium sized businesses.

00:06:55.770 --> 00:07:04.020 Steven Frey (SMB Guy): based on fear. First of all, it's never a way to really get something accomplished in my mind, some of the worst decisions out there are made because of fear.

00:07:04.350 --> 00:07:16.170 Steven Frey (SMB Guy): But especially with with SMB owners. They like risk. That's why they're become SMB owners. It's always risky to do it. So you know that said, there are two different types of risk.

00:07:16.710 --> 00:07:24.540 Steven Frey (SMB Guy): There's calculated risk and there's trial by fire me personally, and most of my employment attorney friends.

00:07:25.320 --> 00:07:36.270 Steven Frey (SMB Guy): They prefer calculated risk. You know those prefer to do something with calculated risk as opposed to trial by fire, because if you go by trial trial by fire. There's a sizable chance you're going to get burned.

00:07:37.140 --> 00:07:44.970 Steven Frey (SMB Guy): Sometimes, including the pandemic conditions, we're all dealing with you find yourself in in certain types of unchartered waters.

00:07:45.330 --> 00:07:49.920 Steven Frey (SMB Guy): And so sometimes it could be even, even for the folks who were in the trusted advisor position.

00:07:50.250 --> 00:08:00.000 Steven Frey (SMB Guy): It can be a little daunting. Because there needs to be a good interpretation of what the next step should be even if the last two or three generations didn't have to deal with what we're dealing with.

00:08:00.540 --> 00:08:12.510 Steven Frey (SMB Guy): So I would definitely put that in the category of unchartered waters. So it becomes important. Now more than ever to not only have have, you know, counsel and trusted advisors who are great with dealing with clients.

00:08:12.840 --> 00:08:18.930 Steven Frey (SMB Guy): But also ones who are great with dealing with their profession in general, it's going to take a lot of navigation right now.

00:08:19.320 --> 00:08:28.380 Steven Frey (SMB Guy): So I find that when when we're in times like this, it's important to go back to some early fundamentals. Right. So when I think about my library in my home office.

00:08:28.710 --> 00:08:37.650 Steven Frey (SMB Guy): And I think about some early fundamentals and some great business development books that are really targeted towards entrepreneurs and success stories. I think of Napoleon Hill.

00:08:38.190 --> 00:08:46.980 Steven Frey (SMB Guy): And Napoleon Hill. A lot of times you know folks associate him with the with the book, Thinking grow rich, which was published in 1937 83 years ago.

00:08:47.790 --> 00:09:00.540 Steven Frey (SMB Guy): Before he wrote thinking grow rich Napoleon Hill put together in 1925 a series of 15 separate lessons on what he considered to be the fundamentals of success and in 1928

00:09:01.200 --> 00:09:06.360 Steven Frey (SMB Guy): These lessons were then put together and published in a book called the law of success.

00:09:06.660 --> 00:09:14.940 Steven Frey (SMB Guy): So I couldn't think of a better one to really set the stage for my man. Eric Sarver here today because you know this is, you know, not law, per se.

00:09:15.300 --> 00:09:27.840 Steven Frey (SMB Guy): It's just law that's, you know, comes with generations of experience. So, you know, these were lesson is that were observed 100 years ago and collected into, you know, an a compendium of knowledge here. So, you know,

00:09:28.260 --> 00:09:35.130 Steven Frey (SMB Guy): Some things might be a little different. Nowadays, but, you know, as I've said many times before. It's all about the people first then process than product.

00:09:36.180 --> 00:09:44.040 Steven Frey (SMB Guy): A lot of the process oriented thoughts here are still very, very similar. So just going to give you guys a little bit of a taste of Napoleon hills.

00:09:44.370 --> 00:09:51.780 Steven Frey (SMB Guy): Lessons from the 20th. So the lesson number one is called the mastermind. And I'm going to give you a brief you know peek into this

00:09:51.990 --> 00:09:57.510 Steven Frey (SMB Guy): And then I'm going to give you a brief overview of the 15 different lessons and will heal tie it all back together so

00:09:57.840 --> 00:10:02.970 Steven Frey (SMB Guy): You know, in the book it says the law of success, the mastermind. You can do it if you believe you can.

00:10:03.450 --> 00:10:12.240 Steven Frey (SMB Guy): This is a course on the fundamentals of success, success is very largely a matter of adjusting oneself to the ever varying changing environments of life.

00:10:12.690 --> 00:10:20.430 Steven Frey (SMB Guy): In a spirit of harmony and poise harmony is based upon understanding of the forces constituting everyone's environment.

00:10:21.060 --> 00:10:32.730 Steven Frey (SMB Guy): Therefore, this course is in reality a blueprint that may be followed straight to success because it helps the students to interpret understand make the most of these environmental forces of life.

00:10:33.510 --> 00:10:40.800 Steven Frey (SMB Guy): So Napoleon hills aim here and preparing this course has been have a twofold nature, namely first to help them earn a student, find out

00:10:41.070 --> 00:10:47.490 Steven Frey (SMB Guy): What their weaknesses are and second to really help them create a definite plan for bridging most of those weaknesses.

00:10:48.030 --> 00:10:53.580 Steven Frey (SMB Guy): So just to skip ahead a little bit here. Your business in life, or at least the most important part of it.

00:10:54.000 --> 00:11:04.770 Steven Frey (SMB Guy): Is to achieve success, success within the meaning of that term is covered by the course on the 15 different laws of success is the attainment of your definite chief aim.

00:11:05.220 --> 00:11:16.800 Steven Frey (SMB Guy): Without violating the rights of other people, regardless of what your major aim in life, maybe you will attain it with much less difficulty after you learn how to to cultivate a pleasing personality.

00:11:17.190 --> 00:11:23.940 Steven Frey (SMB Guy): And after you have learned the delicate art of align yourself with others in a given undertaking without friction or envy.

00:11:24.420 --> 00:11:31.860 Steven Frey (SMB Guy): You know, one of the greatest problems of life. If not, in fact, the greatest. Is that a learning the art of harmonious negotiation with others.

00:11:32.220 --> 00:11:38.880 Steven Frey (SMB Guy): This course was created for the purpose of teaching people really how to negotiate their way through life with harmony employees.

00:11:39.330 --> 00:11:46.830 Steven Frey (SMB Guy): Free from the disruptive effects of disagreement and friction which bring millions of people to misery want and failure every year.

00:11:47.400 --> 00:11:57.960 Steven Frey (SMB Guy): So getting into the 15 lesson is number one, a definite chief aim will teach you how to save the wasted effort which the majority of people expend and trying to find their life work.

00:11:58.380 --> 00:12:08.790 Steven Frey (SMB Guy): Big one for SMB owners. This lesson will show you how to do away forever with aimlessness and fix your heart and hand upon some definite well conceived purpose as a life work.

00:12:09.270 --> 00:12:18.180 Steven Frey (SMB Guy): Number two, self confidence will help you master the six basic fears with which every person is cursed the fear of poverty, the fear of ill health.

00:12:18.420 --> 00:12:24.690 Steven Frey (SMB Guy): The fear of old age, the fear of criticism, the fear of loss of love of someone and the fear of death.

00:12:25.260 --> 00:12:33.420 Steven Frey (SMB Guy): It will teach you the difference between egotism and real self confidence which is based upon definite usable knowledge. Number three habit of saving

00:12:33.810 --> 00:12:45.120 Steven Frey (SMB Guy): will teach you how to distribute your income systematically so that a definite percentage of it will steadily accumulate this for me one of the greatest known sources of personal power, no one may succeed in life without saving money.

00:12:45.900 --> 00:12:51.810 Steven Frey (SMB Guy): Initiative and leadership number four will show you how to become a leader, instead of a follower and your chosen field of endeavor.

00:12:52.110 --> 00:12:59.280 Steven Frey (SMB Guy): It will develop you in the instinct for leadership which will cause you gradually to gravitate to the top and all undertakings in which you participate

00:12:59.760 --> 00:13:09.480 Steven Frey (SMB Guy): Number five imagination will stimulate your mind so that you will conceive new ideas and develop new plans, which will help you and attaining the object of your definite chief aim.

00:13:10.680 --> 00:13:14.340 Steven Frey (SMB Guy): This lesson will teach you how to build new houses out of old stone, so to speak.

00:13:15.300 --> 00:13:21.060 Steven Frey (SMB Guy): Good one. Number six enthusiasm will enable you to saturate all with whom you come in contact with

00:13:21.360 --> 00:13:30.900 Steven Frey (SMB Guy): Interest in you and in your ideas enthusiasm is the foundation of a pleasing personality and you must have such a personality in order to influence others to cooperate with you.

00:13:31.320 --> 00:13:37.950 Steven Frey (SMB Guy): Number seven self control is the balance wheel with which you control your enthusiasm and directed where you wish it to carry you.

00:13:38.460 --> 00:13:42.780 Steven Frey (SMB Guy): Good one, to keep in touch with before the weekend is most of us lose self control over the weekend.

00:13:43.440 --> 00:13:48.930 Steven Frey (SMB Guy): Number eight, the habit of doing more than paid for is one of the most important lessons in the law of success.

00:13:49.290 --> 00:13:56.940 Steven Frey (SMB Guy): It will teach you how to take advantage of the law of increasing returns, which will eventually ensure you a return in money far out of proportion.

00:13:57.180 --> 00:14:07.800 Steven Frey (SMB Guy): To the service that you render. No one may become a real leader in any walk of life without practicing the habit of doing more work and better work than that, for which he is paid.

00:14:08.250 --> 00:14:13.320 Steven Frey (SMB Guy): Okay, number nine pleasing personality focus on which you must place the crowbar of your efforts.

00:14:13.920 --> 00:14:18.870 Steven Frey (SMB Guy): In order to do this you have to be like, let's face it, your yet lived with a pleasing personality.

00:14:19.320 --> 00:14:28.140 Steven Frey (SMB Guy): Number 10 accurate thinking is one of the most important foundation stones of all in during success this lesson teaches you how to separate tracks from your information.

00:14:28.380 --> 00:14:42.600 Steven Frey (SMB Guy): And also from emotion. However, in order to care. People have to feel so important to strike that happy balance number 11 concentration teaches you how to focus your attention upon one subject at a time. And this is before add medicine was invented, ladies and gentlemen.

00:14:43.680 --> 00:14:53.880 Steven Frey (SMB Guy): Number 12 cooperation will teach you the value of teamwork and all you do. I'd rather have 1% of 100 people's efforts than 100% of my own little Will Rogers in here for you as well.

00:14:54.390 --> 00:15:04.860 Steven Frey (SMB Guy): Number 13 profiting by failure will teach you how to make stepping stones out of all your past and your out of your past and future mistakes and failures. There's always a lesson to be learned.

00:15:05.190 --> 00:15:15.750 Steven Frey (SMB Guy): Failure is never really failure number 14 tolerance will teach you how to avoid the disastrous effects of racial and religious prejudices, some of which sensitivity were even feeling nowadays.

00:15:16.050 --> 00:15:26.460 Steven Frey (SMB Guy): And number 15 practicing the golden rule will teach you how to make use of this brief universal law of human conduct in such a manner that you may easily get harmonious cooperation from any

00:15:26.760 --> 00:15:38.220 Steven Frey (SMB Guy): individual or group of individuals. The purpose of these laws. Again, help you organize all the knowledge you have and turn that knowledge into power, you should absolutely check out this book from Napoleon Hill.

00:15:38.580 --> 00:15:47.190 Steven Frey (SMB Guy): But, uh, we're going to take a short commercial break when we come back we're going to start talking with my man. Eric Sarver of the Law Offices of Eric em service they were

00:18:00.660 --> 00:18:04.710 Steven Frey (SMB Guy): Welcome back to always Friday, everyone. I'm Stephen Fry your SMB guy.

00:18:04.980 --> 00:18:14.430 Steven Frey (SMB Guy): And we're going to start chatting here in just a moment with my good friend Eric Sarver from the Law Offices of Eric M Sarver. But not only is he a lawyer with his own law office.

00:18:14.670 --> 00:18:25.350 Steven Frey (SMB Guy): I think I forgot to mention he's also a podcast host right here on talk radio dot NYC Tuesdays at 5pm is show is employment law today and

00:18:25.620 --> 00:18:32.610 Steven Frey (SMB Guy): Last three shows that Eric did just to really give a nice segue here. Financial Empowerment of your business. During coven 19

00:18:32.820 --> 00:18:44.970 Steven Frey (SMB Guy): Keep calm and carry on coven 19 career candor, so I couldn't think of anybody better to talk about the topic of, you know, returning to work and missed and following the pandemic. So Eric, great to have you on the show, man.

00:18:46.080 --> 00:18:54.600 Eric Sarver, Esq.: Stephen. Thanks. It's great to be here. I just want to say one of two things. First, thank you very much for having me. I really appreciate being a guest on your show.

00:18:55.050 --> 00:19:09.060 Eric Sarver, Esq.: I must be humbled by law, those lessons that we heard you think about the wisdom in those moments. A century ago. And then third, sensitive Friday and I've never done this before he had never done this, but I want to try something here. Hold on.

00:19:11.130 --> 00:19:12.090 Steven Frey (SMB Guy): Yeah.

00:19:12.390 --> 00:19:26.190 Eric Sarver, Esq.: Sorry me now I can't keep these on the entire time because they won't be able to see tomorrow, but I just thought I have not been on a zoom call wearing sunglasses and the entire eight months of this pandemic anytime before. So have fun there. I thought okay

00:19:26.490 --> 00:19:34.770 Steven Frey (SMB Guy): I'll tell you how much that warms my heart. Eric so great. Great to see you in shades so this part of the program. Eric is really about method.

00:19:35.070 --> 00:19:42.300 Steven Frey (SMB Guy): So this is the scientific part of what we do and how we do it. And what we're talking about here. You know, I want to hear a little bit about

00:19:42.720 --> 00:19:55.380 Steven Frey (SMB Guy): You know how you guys go to market for clients because I don't see it typically is something that people are very proactive about, you know, definitely. Lay it on me. Tell me about how you know what you do and how you do it. Sure.

00:19:55.440 --> 00:19:59.190 Eric Sarver, Esq.: Happy to do some. Well first, I'm just say Stephen you you read

00:20:00.210 --> 00:20:08.040 Eric Sarver, Esq.: That bio, you know, the summary of me was really spot on. So I in terms of what I do, I do practice employment law, leave a lot. I do.

00:20:08.310 --> 00:20:15.150 Eric Sarver, Esq.: How companies, the way I like to think of it, there's a compliance part, helping them to follow the laws around hiring and firing and managing and

00:20:15.600 --> 00:20:21.780 Eric Sarver, Esq.: Simply even, things of that nature. There's the proactive part and then there's the reactive part defending them when the end of trouble.

00:20:22.170 --> 00:20:29.820 Eric Sarver, Esq.: And then, of course, as the trying to set things up in writing with contracts. So it's pretty much kind of what I do, but the question of

00:20:30.120 --> 00:20:36.990 Eric Sarver, Esq.: How do I get business owners to know what I do, right, what's the method of the word say perhaps getting myself out there.

00:20:37.740 --> 00:20:45.780 Eric Sarver, Esq.: Because when you're practicing employment law and business law from my experience it's it's the pod people find you. It's not the same as if you practice.

00:20:46.080 --> 00:20:52.920 Eric Sarver, Esq.: Another area of law, such as a personal injury or bankruptcy or wills, which will find areas of water practice, they'll have the levels of

00:20:53.160 --> 00:21:00.660 Eric Sarver, Esq.: sophistication and need but in those situations you donate often see perhaps to add on a subway or a bus or a billboard.

00:21:01.650 --> 00:21:10.560 Eric Sarver, Esq.: My clients usually come to me through trusted advisor somebody that they trust someone like you, for example. And the way I get myself out there and my practice.

00:21:10.980 --> 00:21:24.090 Eric Sarver, Esq.: I'd say we're a few different ways. One through networking and I'm really a true believer in the power of networking. I think I've met more people on these shows that I'm doing. And also, just in general and more people in the

00:21:24.720 --> 00:21:32.070 Eric Sarver, Esq.: Different legal circles and outside people circles through networking groups like I'm one of my ones. They're able to enjoy is network, network.

00:21:33.090 --> 00:21:40.170 Eric Sarver, Esq.: Couple others come to mind as well Bluebird solos for attorneys for networking thing. And then, of course, those one on one follow ups.

00:21:41.010 --> 00:21:48.840 Eric Sarver, Esq.: Secondly, I like to promote my services through doing service and as you mentioned in one of those lots of success. I was really moved by the part about

00:21:49.590 --> 00:22:00.450 Eric Sarver, Esq.: Doing more than just what you're paid to do so in that regard. Besides going the extra mile for my clients. I believe in doing more than more than maybe let's say I'm paid to do in terms of

00:22:01.260 --> 00:22:12.180 Eric Sarver, Esq.: When you're promoting yourself. You're not paying for that. So when I'm say writing articles or blogs when I'm being interviewed for let's say an article for The New Law Journal

00:22:12.960 --> 00:22:25.020 Eric Sarver, Esq.: I try to get my name out there in quotes, when there's a, say, an article around a very important employment label or issue. And last but not least, certainly not least, I hosts a

00:22:25.710 --> 00:22:31.080 Eric Sarver, Esq.: Podcast last talk radio show right here in the middle NYC as you mentioned, the employment law today.

00:22:31.410 --> 00:22:40.620 Eric Sarver, Esq.: Show. So, so basically it's public speaking, it's writing. It's networking is word of mouth and that people I think build trust they get to know me.

00:22:40.920 --> 00:22:53.670 Eric Sarver, Esq.: They know that, I know what I'm doing. They recognize the difference between confidence. You go, as you mentioned, and I really make it a sincere effort to be humbled. He go out and just rely on contents from experience experiential confidence.

00:22:55.140 --> 00:23:09.540 Steven Frey (SMB Guy): So there's some great sediments there for sure. You know, when I was thinking about how I would view the method for your space. I think back to the lessons I learned growing up where my mom would say to me, let something pass through your brain before it comes out of your mouth.

00:23:09.870 --> 00:23:11.370 Steven Frey (SMB Guy): And then I threw on there also.

00:23:11.580 --> 00:23:14.580 Eric Sarver, Esq.: Documented huh. Yes. Right.

00:23:15.600 --> 00:23:25.290 Eric Sarver, Esq.: And that's definitely mean over my client that's very much that is very important. You know impulse control wait restraint of tongue and panels. I heard the expression before. And that's the way I heard it, but it sounds familiar.

00:23:25.980 --> 00:23:31.260 Eric Sarver, Esq.: Definitely having that level of restraint and also documentation. I mean, those are key in terms of

00:23:31.650 --> 00:23:41.910 Eric Sarver, Esq.: What I do the method that I, the method for my practice getting out there and sort of like in one area and the methods of my clients has to do a lot with transparency.

00:23:42.180 --> 00:23:51.240 Eric Sarver, Esq.: Has to do with with themselves also with with trusted advisors and I daresay their employees, also, I think, you know, players sometimes see their employees as

00:23:51.960 --> 00:24:03.360 Eric Sarver, Esq.: Either the the sort of the group to be, I guess, you know, controlled and to instill fear in them. And so it's, I always try often try to remind them that you know ruling by fear.

00:24:04.080 --> 00:24:15.090 Eric Sarver, Esq.: Is not a really good way, both in terms of potentially becoming hostile work environment and also just not getting your results. I mean, if you ever saw the movie office space which perhaps she did.

00:24:16.260 --> 00:24:22.650 Eric Sarver, Esq.: There's a great scene in that I think it holds true I saw that movie snakes and then you know you know it was much younger, you know,

00:24:23.280 --> 00:24:33.360 Eric Sarver, Esq.: Had no blonde hairs my beard. That's right. Instead of blonde hairs, you know, the more on top here with I just remember this movie and it's still stuck out to me, even in my youth. Then, which was that

00:24:34.590 --> 00:24:46.260 Eric Sarver, Esq.: You know instilling fear and folks or or criticism will only get them to do you the bare minimum that they won't get fired. So yeah, I definitely try to manage my, that's my mind as well.

00:24:46.650 --> 00:24:53.760 Steven Frey (SMB Guy): You said something that struck a nerve with me there. And it was about transparency, you know, I've always said that, you know, even with myself.

00:24:54.030 --> 00:25:02.370 Steven Frey (SMB Guy): Yeah affiliating with some type of organization that the top three things that I need from that organization are transparency, consistency and honesty.

00:25:02.670 --> 00:25:13.650 Steven Frey (SMB Guy): And I don't really feel like that's a lot to ask, but one observation. I've definitely made you know everybody likes honesty and you mentioned transparency one observation. I've made is that when it comes to employment.

00:25:14.670 --> 00:25:15.840 Steven Frey (SMB Guy): Relations. Bless you, my friend.

00:25:16.140 --> 00:25:27.390 Steven Frey (SMB Guy): And when it, when it comes to employee employment law employee relations consistency is a big one, because if you have inconsistency like over 90% of the time you have employee dysentery.

00:25:27.450 --> 00:25:28.140 Would you agree.

00:25:29.310 --> 00:25:37.800 Eric Sarver, Esq.: Agreed. And not only that guy that dysentery, or that employee X, but also, and if you have inconsistency in terms of treatment of your employees.

00:25:38.310 --> 00:25:46.230 Eric Sarver, Esq.: You can get into trouble, potentially, because you might be treating some employees differently, even an unconscious level based let's say on some

00:25:46.830 --> 00:25:55.320 Eric Sarver, Esq.: Some stereotypes and micro aggressions and implicit bias. And if that bias is coming out. So if you're treating let's say you're a female employees differently.

00:25:55.650 --> 00:26:06.090 Eric Sarver, Esq.: In a negative adverse way compared to your male employees that dysentery, as you said, it can develop into a, you know, full blown litigation. I'm not defended.

00:26:06.510 --> 00:26:17.430 Eric Sarver, Esq.: Companies were in some cases they were truly there was no actual say discrimination and then we can demonstrate that the person was, I'd say discharged because they were not doing their duty as a reward, many times.

00:26:17.850 --> 00:26:31.200 Eric Sarver, Esq.: But the ferry to have consistency let their person to receive an unequal treatment and connected to a certain protected treat them there. And so we had to really do some deep dive discovery, but

00:26:31.560 --> 00:26:39.810 Eric Sarver, Esq.: To your point, Stephen. Yes, certainly consistency and honesty and transparency and I think they're all related right i mean i think if you're being honest about

00:26:40.290 --> 00:26:47.640 Eric Sarver, Esq.: The Golden Rule treating your employees, say, you know, not only compliant with the law, but just with human decency.

00:26:48.150 --> 00:26:56.910 Eric Sarver, Esq.: It's hard to do. So an inconsistent mentor, right. You can't be very compassionate understanding with some employees and not the others and say that you're

00:26:57.420 --> 00:27:06.570 Eric Sarver, Esq.: Being uniform. So, but definitely to your point there. Yes. I think it's a very think consistency transparency, honesty, are all very, very important.

00:27:08.190 --> 00:27:16.890 Steven Frey (SMB Guy): Well, I'm happy to share that sentiment, because it's one that's definitely important to me and tugs at my heartstrings, you know, I'm looking at at the logo for your firm and your initials.

00:27:17.130 --> 00:27:20.850 Steven Frey (SMB Guy): And I CMS, which I always equate to emergency medical services.

00:27:21.120 --> 00:27:30.480 Steven Frey (SMB Guy): And I feel like that's very often the way that you get called into into play and well. We'll definitely talk about some of the madness. You see on a normal basis. In our next segment, but

00:27:30.750 --> 00:27:37.110 Steven Frey (SMB Guy): Do you often see yourself that way, like you almost like you're like a 911 call for a lot of people to come to the rescue.

00:27:38.310 --> 00:27:48.540 Eric Sarver, Esq.: I do. It's funny you mention that because, you know, I've actually like often seen that as well. And when I designed the logo. I remember I was trying to see about the you know what to put in the

00:27:49.080 --> 00:27:55.740 Eric Sarver, Esq.: In the boxes and on I thought em. So for people. Hopefully, we're not read it yet, but we'll see it in that same way.

00:27:56.700 --> 00:28:03.780 Eric Sarver, Esq.: I often do you see myself as the person coming in six the rescue when there's, you know, the gunshot wound the puncture the bleeding.

00:28:04.470 --> 00:28:06.900 Eric Sarver, Esq.: I think maybe if you're talking about medical analogies.

00:28:07.620 --> 00:28:14.340 Eric Sarver, Esq.: I might be the person that comes in for the business when that business had some suspicious lump for like six months of ignored.

00:28:14.670 --> 00:28:20.490 Eric Sarver, Esq.: And nobody will go away for a little cream on it and all sudden it's football needs to operate me to, you know, dissect that

00:28:20.820 --> 00:28:27.960 Eric Sarver, Esq.: But hopefully they come to me with a lump is just a little bit small. And they say, this is a little strange feel a little bumpy and that might be, let's say,

00:28:28.440 --> 00:28:42.960 Eric Sarver, Esq.: Hey, we got this. Notice letter inquiry letter from the Department of Labor about how we structure our employees and interns. Can you help with this, and I say, Sure. So, but definitely the MS worker. Yes, good analogy I love metaphors and analogies. That's a great one. So,

00:28:43.140 --> 00:28:51.060 Steven Frey (SMB Guy): Yep. Hold that thought. We're gonna, we're gonna take a short break and we're going to come back with the madness of employment surgery with Eric Sarver just a few minutes. Stay with us.

00:28:56.970 --> 00:28:57.420 Eric Sarver, Esq.: List.

00:31:15.540 --> 00:31:30.750 Steven Frey (SMB Guy): Alright everyone, welcome back to always riding with me. Stephen Fry your SMB guy. We're talking with Eric solver from the Law Offices of American solver employment attorney and we're going to get into some of the madness of the Employment Law world. So we were just

00:31:32.280 --> 00:31:36.120 Steven Frey (SMB Guy): We were which is a bound. Obviously, we were just making analogies of

00:31:36.930 --> 00:31:48.150 Steven Frey (SMB Guy): Medical analogies to the employment law, we're all done. Yeah, arrogant, said that it's it's almost like that that that lump that you find after a couple months and you put some cream on it and it doesn't go away and then all of a sudden, you need some

00:31:48.420 --> 00:31:56.460 Steven Frey (SMB Guy): You know, emergency surgery, you know, I just did my thoughts about this topic. It's, I always feel like it's better to be proactive. Instead of reactive

00:31:56.820 --> 00:32:04.860 Steven Frey (SMB Guy): And that's exactly what that type of analogy is all about. And I do feel like it's very often in your field. It's rare that it works that way it's

00:32:05.070 --> 00:32:18.990 Steven Frey (SMB Guy): It almost I feel like almost always, it would end up where someone calls you at that. Oh shit moment instead of, you know, really try to proactively plan for things to go smoothly as possible and as compliant as possible. Give me some thoughts.

00:32:19.890 --> 00:32:25.680 Eric Sarver, Esq.: Sure. Well, first off, he knows, even though I agree with you about that. I would if I think estimate and Molly all the

00:32:25.950 --> 00:32:33.990 Eric Sarver, Esq.: Small business owners midsize business owners, whether they're in restaurant, the restaurant industry or, you know, technology or architecture.

00:32:34.560 --> 00:32:40.560 Eric Sarver, Esq.: Regardless of the space, the date the human traits are the same. And I think we as humans, you know, as we talked about

00:32:40.890 --> 00:32:48.630 Eric Sarver, Esq.: When you mentioned those laws of success that writing which shocked me we you know we tend to try to lay right like say like avoid, avoid pain.

00:32:49.080 --> 00:32:57.450 Eric Sarver, Esq.: Things are stressful. We are version to that. And then we're kind of, you know, grasping at things that give us pleasure, right, the old Buddhist like the question and search the thing

00:32:58.200 --> 00:33:04.410 Eric Sarver, Esq.: So what I've seen in terms of, you know, clients with the mole, that of the bag becomes a burden to surgery.

00:33:04.980 --> 00:33:10.950 Eric Sarver, Esq.: I would guess me that maybe of the clients that come through with employment law problems issues.

00:33:11.400 --> 00:33:19.380 Eric Sarver, Esq.: 80% are at the panic point not practice that impacted the reaction right there. They're getting sued, you know, in court. And when I usually

00:33:20.040 --> 00:33:25.860 Eric Sarver, Esq.: Inquire, of course, to a thorough investigation. I find that very few things start with, you know,

00:33:26.130 --> 00:33:36.420 Eric Sarver, Esq.: As a process server knocking on your door of the of your say office or and serving you with a complaint in court or very few matters, start with, you know, the employee.

00:33:37.170 --> 00:33:41.760 Eric Sarver, Esq.: Three employees walking out of the mass protest or six employees and having a whole

00:33:42.420 --> 00:33:55.170 Eric Sarver, Esq.: You know, retaliation claim and labor law. So I see the right majority come to me in the madness stage and that man is could be that things are really blowing up and escalating. And so part of the madness that they didn't come to me sooner.

00:33:56.400 --> 00:34:01.320 Eric Sarver, Esq.: Definitely, of course, you have seen that I will say this, though I have observed a couple of times when

00:34:02.490 --> 00:34:11.280 Eric Sarver, Esq.: Business owners employers have come to me with employment law problems or even issues rather than they have questions about before they become problems and

00:34:11.670 --> 00:34:22.590 Eric Sarver, Esq.: I looked at him. I think what tree. Do you have, and sometimes the train is right. This the general humility that the sincerity to know that things can go wrong, the wisdom to do that.

00:34:23.580 --> 00:34:32.220 Eric Sarver, Esq.: Others I they've just some they've been they've either they've had a business before and they got burned very seriously because they didn't know

00:34:32.490 --> 00:34:41.040 Eric Sarver, Esq.: To hire employment law attorney help and follow the laws correctly. So that's right one, they've got burned before now they're like we're hopefully learn from their mistakes and they don't want to do it again.

00:34:41.940 --> 00:34:47.070 Eric Sarver, Esq.: Have the other problem. The other example is some business owner, who has never quite been

00:34:47.580 --> 00:34:56.970 Eric Sarver, Esq.: Hit with a penalty or Wall Street or, you know, the proper labor ruling against them or breach contract case, but they have a very close. That's a friend.

00:34:57.270 --> 00:35:12.900 Eric Sarver, Esq.: Or colleague and networking circles, who has had that experience and they watch them go through it. They think, you know, that could be me. And then if we keep the medical analogy in the metaphor going, how many of us, you know, kind of blown past like a checkup. The doctor because we're busy.

00:35:14.070 --> 00:35:18.630 Eric Sarver, Esq.: Unless either a we once had a medical scare the past and the ones that's repeat itself.

00:35:19.110 --> 00:35:25.770 Eric Sarver, Esq.: Or, you know, you hear to hear some very sad news about let's say a neighbor, you know, or a you know a friend spouse.

00:35:26.070 --> 00:35:34.290 Eric Sarver, Esq.: The three doors down who missed something, and then they go to the doctor. You think you know they're they're my age, they look pretty healthy and, you know, now they're, you know,

00:35:35.130 --> 00:35:45.120 Eric Sarver, Esq.: In the stage of a serious illness. So if you're gonna happen to them right dot, dot, dot. And then you take care of yourself, you know, maybe I should. So I've often my boss often my

00:35:45.480 --> 00:35:54.750 Eric Sarver, Esq.: Puppet Cox's to educate employers, hey, these are some of the risks you know you don't want to have to go through the pain before you get the help you might need.

00:35:56.010 --> 00:36:09.030 Steven Frey (SMB Guy): I thought you were going to give me some type of superheroes spidey sense or something like that for the SMB owners that come to you proactively but you know that's that's good stuff. In a similar vein, you know, maybe, maybe we can kick this around for just a few minutes.

00:36:09.360 --> 00:36:24.930 Steven Frey (SMB Guy): I know it's pursuant to one of your earlier shows about, you know, like almost seizing the financial opportunities during the pandemic conditions. I've seen you know certain SMB industries out there you know in a drastic like uptick of business.

00:36:24.930 --> 00:36:31.170 Steven Frey (SMB Guy): And doing better than they've ever been before. And some of that is also prompting them to

00:36:31.710 --> 00:36:39.840 Steven Frey (SMB Guy): Y'all kind of proactively seek out okay yeah we're growing faster than we ever dreamed was possible. And you said you mentioned restaurant and hospitality and

00:36:40.350 --> 00:36:48.990 Steven Frey (SMB Guy): It's one that resonates with me as well because, you know, if you talk about a single location, you know, Mom and Pop family restaurant or even a couple locations in a local area.

00:36:49.440 --> 00:36:58.050 Steven Frey (SMB Guy): Versus one that has, you know, a national franchise agreement and, you know, grabbing go coffee you know smoothie type of concept or whatever.

00:36:58.410 --> 00:37:07.440 Steven Frey (SMB Guy): I mean, there's some of those folks are experiencing the most explosive growth, they've ever had before. So it almost behooves them to make sure that the foundation is rock solid so that they can

00:37:07.680 --> 00:37:12.810 Steven Frey (SMB Guy): Get more franchise applications and get more investors and get more attention. Would you agree.

00:37:13.800 --> 00:37:21.630 Eric Sarver, Esq.: I would. And I would add in a way. What does that look like say no more specific details, if I may. Without getting too hyper technical we go into the weeds.

00:37:22.440 --> 00:37:28.290 Eric Sarver, Esq.: But I should be think that if you're doing well, you should have a strong foundation to make sure that you can

00:37:28.560 --> 00:37:34.890 Eric Sarver, Esq.: Pray protected listed believers, or if you're really struggling and hard time. That's not the time to cut back on your

00:37:35.220 --> 00:37:41.910 Eric Sarver, Esq.: guidance from your employment law attorney with a rate manipulation or from your HR console view your account in your CPA.

00:37:42.780 --> 00:37:51.510 Eric Sarver, Esq.: I would say that there's some specifics around links and sacred foundations aren't number one have really good strong contract with your

00:37:52.170 --> 00:38:05.580 Eric Sarver, Esq.: State on service vendors providers with a certain state top level employees. If you want to have certain things in writing. If you have and say, for example, if you're in a very competitive field, you know, get those non solicitation have been writing

00:38:06.930 --> 00:38:10.110 Eric Sarver, Esq.: Basically saying that Grimsley can coach your clients or your

00:38:10.710 --> 00:38:20.970 Eric Sarver, Esq.: Workers for a set period of time when they're working to you afterwards but get that all squared away so that you don't get him a surprise. One day when you wake up and 16 your clients and listening and relevant somebody

00:38:21.270 --> 00:38:28.770 Eric Sarver, Esq.: That you hired. And so, you know, certainly there's, you know, when you're saying hiring people right. You've got to make sure you're putting the right classifications.

00:38:29.580 --> 00:38:35.190 Eric Sarver, Esq.: So I definitely think that for businesses that are doing well. If the question is what it right, should they be

00:38:35.550 --> 00:38:46.380 Eric Sarver, Esq.: Proactive still. Yeah, it comes down to that confidence that you talked about right and thoughts about also in those laws. I had shut them down and really interested in this rate, what's your chief aim.

00:38:46.890 --> 00:39:01.740 Eric Sarver, Esq.: Don't let a potential criminal or problem become an obstacle to you achieving your goal, your team and the way to do that is to have professionals, you know, like myself, we can help you to not someone's those pitfalls and traps.

00:39:03.570 --> 00:39:05.310 Steven Frey (SMB Guy): Yeah, no, I couldn't agree more.

00:39:05.640 --> 00:39:05.910 Eric Sarver, Esq.: You know,

00:39:06.420 --> 00:39:11.730 Steven Frey (SMB Guy): Other industries. I've seen as of late in the in the madness of some of my travels, you know, it's

00:39:12.360 --> 00:39:24.300 Steven Frey (SMB Guy): Folks who haven't been leaving their homes, you know, having more and more and more things delivered as the Amazon truck seems to be on a 15 minute interval in and out of my neighborhood for all the various packages for my house and the neighboring houses.

00:39:24.630 --> 00:39:25.140 Steven Frey (SMB Guy): I've seen

00:39:25.200 --> 00:39:34.740 Steven Frey (SMB Guy): You know, crazy uptick in Transportation, logistics industries warehousing as well as even home health care, you know, even just going to the doctor.

00:39:35.040 --> 00:39:45.540 Steven Frey (SMB Guy): You folks that would normally go to doctors on a routine basis even folks that are terminally ill. There are electing to not leave their homes and having the medical help come to them.

00:39:45.930 --> 00:39:57.660 Steven Frey (SMB Guy): Which creates all kinds of other, you know, interesting logistical employment, you know, issues that need to be factored into. Have you seen similar types of observations from it from your travels

00:39:58.350 --> 00:40:07.020 Eric Sarver, Esq.: I have, in fact, you know, when you mentioned madness. They realize that that I have certain some anecdotes. I can tell. Of course I'll change know say some of the

00:40:07.770 --> 00:40:19.920 Eric Sarver, Esq.: Arts entity names or any you know certain description like to keep the confidentiality of those that may come to me but um yeah I've seen some some supreme and things, you know, in this pandemic and, you know, I will say that

00:40:20.640 --> 00:40:25.410 Eric Sarver, Esq.: I'll preface that by saying that some of the things that manifests either quote unquote matters or craziness.

00:40:26.070 --> 00:40:39.960 Eric Sarver, Esq.: It's been around for a long, long time. It has to do with, you know, people, let's say either waiting until the very last minute to get something to me. So I've seen situations like they say like where you know clients like in a, you know,

00:40:40.590 --> 00:40:52.260 Eric Sarver, Esq.: Mediation or litigation and kind of wrapping things up and there are crucial things we need for a deadline and suddenly they're realizing that they don't have any of the things that I've been asking them for the so they're like scrambling last minutes

00:40:53.340 --> 00:41:05.610 Eric Sarver, Esq.: I've seen things that are not so connected to the clients relationship with me, but more medicine terms of how the client has crazy situations like with their employees during coven so let's say for example,

00:41:06.270 --> 00:41:15.630 Eric Sarver, Esq.: I've seen situations where, you know, to the client calls me up to employees like making a near miss a fistfight you know in the office over

00:41:16.320 --> 00:41:22.830 Eric Sarver, Esq.: One thing I was not wearing a mask properly, say, oh, you know, below the nose, rather than covering the full face. And so these are not

00:41:23.340 --> 00:41:28.620 Eric Sarver, Esq.: I really got called me for over 19 saying, I need your help here right to employees. I don't know.

00:41:29.040 --> 00:41:40.260 Eric Sarver, Esq.: Discipline them what the processes and they got into a fight over a mask you know this if you told me that a year and a half ago or a year ago, I'd say Halloween mask apart with a costume party. So, you know, I mean, it's just like some

00:41:40.980 --> 00:41:52.410 Eric Sarver, Esq.: Madison terms of let's see people you know clashing over will just write me know the level of how much a company needs to do now to keep the workplace safe.

00:41:52.830 --> 00:42:01.770 Eric Sarver, Esq.: From would say unsafe workplace environment claim or an OSHA violation, you know, used to be that you'd have certain key things in place right so you wouldn't have

00:42:02.010 --> 00:42:12.270 Eric Sarver, Esq.: Say certain no physical habits around the place. They are broken, you know, board the floor or on the loose ceiling tile or or let's say asbestosis or some kind of toxic, you know,

00:42:12.690 --> 00:42:23.010 Eric Sarver, Esq.: Has which condition, but now you under so much to do with the and I've seen a mad rush by offices, a mad dash by businesses.

00:42:23.280 --> 00:42:27.960 Eric Sarver, Esq.: To get into the plexiglass and plays around certain cubicles right to get the spacing. Correct.

00:42:28.260 --> 00:42:34.170 Eric Sarver, Esq.: You know the hand sanitizer everywhere. So I do see a lot of madness and I want to stress again, some of this is like

00:42:34.500 --> 00:42:42.600 Eric Sarver, Esq.: We're in a bit of a crazy situation that we have not been in in in almost a century. So there's manager and covert 19 there are people who don't want to

00:42:43.050 --> 00:42:47.610 Eric Sarver, Esq.: See where the almost a break here people that don't want to come back into the office and there's all kinds of

00:42:48.000 --> 00:42:56.970 Eric Sarver, Esq.: Crazy hydro of fights breaking out between the employer and employee and then I see some just old time madness of, let's say, you know,

00:42:57.270 --> 00:43:01.620 Eric Sarver, Esq.: People react to an extreme. So an employee calling the police on the employer because

00:43:01.890 --> 00:43:07.170 Eric Sarver, Esq.: They got fired and they want to get their coffee pot back and they were told him to come back to the premises to the club, please. Ford Escort

00:43:07.470 --> 00:43:16.320 Eric Sarver, Esq.: And that's all right. Ego and anger and hurt feelings and there's no legal claim there and my clients I can I do them for that, like, no, just getting the coffee pot. You know, so that's

00:43:16.770 --> 00:43:22.890 Eric Sarver, Esq.: Just a madness. I've seen over the years many more more stories. I could tell, but we only have until noon today and that

00:43:23.160 --> 00:43:23.430 Steven Frey (SMB Guy): We need

00:43:24.270 --> 00:43:25.260 Eric Sarver, Esq.: At least 330 maybe

00:43:26.280 --> 00:43:31.350 Steven Frey (SMB Guy): No, that's, that's totally fair and I like that we're, you know, we're coming up to the messaging part of

00:43:31.740 --> 00:43:36.180 Steven Frey (SMB Guy): The show. And we're going to talk a little bit about some of the, the questions that I always asked, but

00:43:36.510 --> 00:43:45.780 Steven Frey (SMB Guy): I like I like what you said earlier about it you know in our, in our little chat over here that it's it's like er meeting, la, la, or Grey's Anatomy meeting law and order.

00:43:46.080 --> 00:43:54.810 Steven Frey (SMB Guy): It's like trying to figure out some systemic condition of what's going on with the patient or the SMB, and then applying the legal end of it, and the router regulated.

00:43:55.410 --> 00:44:06.750 Eric Sarver, Esq.: Absolutely, yeah. And that's part of madness, you know, the crazy stuff at the answer. The mad rush to class repeating certain mistakes again and again, you know, yes, for sure.

00:44:06.780 --> 00:44:15.780 Steven Frey (SMB Guy): Great, great stuff, man. We're gonna take a short break. We're gonna come back with what everybody needs to take away from from the weekend insight to make a Monday impact. Stay with us, and always write it

00:44:23.340 --> 00:44:23.550 In

00:46:34.950 --> 00:46:48.570 Steven Frey (SMB Guy): Alright, welcome back to always Friday, everyone. I'm Stephen Fry your SMB guy we talk about all things, small and medium sized business here and if you like SMB talk. Stay with talk radio dot NYC for the 12 o'clock noon show

00:46:48.930 --> 00:46:53.880 Steven Frey (SMB Guy): The entrepreneurial web with Jeremiah Fox sure to have some great pearls of wisdom there as well.

00:46:54.090 --> 00:47:00.210 Steven Frey (SMB Guy): But getting back to what we're talking about here where we're there Sarver of the Law Offices of Eric and Sarver employment attorney.

00:47:00.450 --> 00:47:12.120 Steven Frey (SMB Guy): And we're going to get to the message, what should listeners take away with the Friday insight that you've given them to make a Monday impact next week, Eric. Give us some wisdom, baby. All right.

00:47:12.390 --> 00:47:21.750 Eric Sarver, Esq.: I do my best to try here some wisdom and some pearls of wisdom here and bobs takeaways. Okay, so one is that if you're a small business or a mid sized business.

00:47:22.350 --> 00:47:27.510 Eric Sarver, Esq.: And you have employees or independent contractors and it's just, it's very vital.

00:47:28.050 --> 00:47:36.780 Eric Sarver, Esq.: We were talking about this right throughout the show the proactive side they're planning to, you know, before problem happens. So just Pro is a really important to

00:47:37.230 --> 00:47:47.160 Eric Sarver, Esq.: To sit down with an employment laws for need sit down with an accountant sit down with a small business consultant, you know, get your team is aligned as an outsourced CFO.

00:47:47.520 --> 00:47:59.220 Eric Sarver, Esq.: People who can help guide you to set up a strong foundation and in my world, a strong foundation look different than let's say maybe the foundation that Stephen can help us as a consultant or that an account, you know,

00:47:59.520 --> 00:48:07.470 Eric Sarver, Esq.: But mine has to do a lot with our your employees and your interns independent contractors all in the right category correctly classified

00:48:07.980 --> 00:48:11.820 Eric Sarver, Esq.: Generate contract, we can place your employees and for your, for your business.

00:48:12.780 --> 00:48:16.980 Eric Sarver, Esq.: When you're when you're hiring and firing. There are a lot of things that you, they can and cannot

00:48:17.430 --> 00:48:27.330 Eric Sarver, Esq.: Ask employees about the same job interview. So if you're in an employee onboarding process. So just my invite by message there would be to be proactive non paintings

00:48:27.810 --> 00:48:36.750 Eric Sarver, Esq.: So come over with, you know, your questions about leave hiring, firing managing boys just, you know, bring it on. Bring it to me and I'm happy to help.

00:48:38.880 --> 00:48:42.930 Eric Sarver, Esq.: I promise to give you a chance to jump in, or reflector.

00:48:43.620 --> 00:48:52.680 Steven Frey (SMB Guy): Now I'm a big fan of proactive versus reactive, so I couldn't agree more with what you're saying, you know, definitely give give us another pearls or two. This is

00:48:52.800 --> 00:48:54.270 Steven Frey (SMB Guy): Something that's very important for

00:48:54.270 --> 00:48:55.350 Steven Frey (SMB Guy): People to digest.

00:48:55.560 --> 00:49:00.390 Eric Sarver, Esq.: Yes. Right. Okay. Well, another one I just say if they can be specific is

00:49:00.840 --> 00:49:12.150 Eric Sarver, Esq.: It is important to have written policies and guidelines for you and your in your company, your business, right, I mean, think about it. If you're a store, you don't have a written inventory what you have in the store and it's

00:49:12.600 --> 00:49:18.630 Eric Sarver, Esq.: You know you can't, I can't keep track you know what to order. Next, you know what, how much do you need to order a different say products or

00:49:18.930 --> 00:49:32.190 Eric Sarver, Esq.: Or whatever you're selling an employee handbook lays out what your policies are it helps you communicate with your employees about your expectations. And that right there can really cut out certain conflicts.

00:49:32.730 --> 00:49:43.290 Eric Sarver, Esq.: Sort of the path before they start it helps you because you're covered if you say to certain examples of unlawful behavior and how employees need to import that so instead of reporting system. So just

00:49:43.770 --> 00:49:56.160 Eric Sarver, Esq.: Problem with you is if you're not an employee handbook is updated and I talking about one from two years ago to employment for 2018 or 2017 is like an iPhone for, like I said, my last show la so much so.

00:49:57.210 --> 00:50:07.530 Eric Sarver, Esq.: Number three, make sure that if you have an employee or employees during a during the pandemic, who are expressing concerns about coming back.

00:50:08.190 --> 00:50:16.290 Eric Sarver, Esq.: Don't just presume that the laws on your side that will they have to come back now because we're open because you know they're not sick or disabled.

00:50:16.620 --> 00:50:26.460 Eric Sarver, Esq.: There are lots of nuances. Lots of reasons why employees may still be entitled to take off and after an accommodation request. So, you know, if you have a attention and employee.

00:50:27.660 --> 00:50:34.950 Eric Sarver, Esq.: Write it out right have a meeting with them communicate take notes. Don't make any rash decisions and that might lead to the next.

00:50:35.280 --> 00:50:45.210 Eric Sarver, Esq.: Pro is the which is the matter where you are, whether you're in the midst of a conflict with your employees are you being the sooner you might have seen or everything's fine and dandy and I can see

00:50:45.690 --> 00:50:48.810 Eric Sarver, Esq.: When you're doing with your employees and and even anyone for that matter.

00:50:49.380 --> 00:50:56.520 Eric Sarver, Esq.: Don't make rash decisions and even when you feel you need to react or respond to new employees send you an email on

00:50:56.820 --> 00:50:59.610 Eric Sarver, Esq.: accuser something where you get a call from Department of Labor.

00:50:59.910 --> 00:51:08.040 Eric Sarver, Esq.: Because I've had clients come to me and before they came to me they were all these emails to let's say the computation border they responded to a demand letter.

00:51:08.280 --> 00:51:17.100 Eric Sarver, Esq.: And they wrote all the stuff and it's nothing. I would have ever recommended. They say, or write a deal. And then this Eric, can you help me. So we have to sort of undo that. Right. So there's

00:51:17.490 --> 00:51:31.260 Eric Sarver, Esq.: An email, send these emails and dated like two hours before the consultation with me. Make me a concept that three and you know like 1159 or something. Yeah. And like, you know, so just just kind of be patient. I think that's one of the roles there.

00:51:33.360 --> 00:51:39.660 Steven Frey (SMB Guy): So it along with along with my mom's advice of let something pass through your brain before it comes out of your mouth like I couldn't agree more.

00:51:39.960 --> 00:51:51.300 Steven Frey (SMB Guy): And it's you know it's far too often, people are ready fire aim with everything. And it's especially when you're dealing with SMEs and employees, it's, it can be to an immediate detriment to not

00:51:51.690 --> 00:52:00.780 Steven Frey (SMB Guy): To not really think things through and let it pass through your brain before it comes out of your mouth. I do want to get a couple minutes in here have some more fun personal talk and we've taught some

00:52:01.530 --> 00:52:11.730 Steven Frey (SMB Guy): discussion here today. But if we circle back to my favorite three questions to ask all of my victims here, you know, who is your favorite movie or TV show character. What is your favorite movie or TV show.

00:52:12.090 --> 00:52:25.530 Steven Frey (SMB Guy): And what is your favorite musical instrument and the artists who plays it so answer number one for Mr Sarver who is your favorite movie or TV show character is none other than T bone George Costanza from Seinfeld.

00:52:27.810 --> 00:52:28.740 Eric Sarver, Esq.: That Cashin, that's great.

00:52:29.700 --> 00:52:36.330 Steven Frey (SMB Guy): So, so I always like to put my special guests faces super imposed on the on their favorite answers for the questions I asked.

00:52:36.600 --> 00:52:48.630 Steven Frey (SMB Guy): So nice picture of just stands out. Why must there will always be a problem feel like that was very perfect for for Mr solver here as he gets that OSHA call all the time. Yeah. Yeah. Also want to get nuts. Yeah, that's perfect.

00:52:49.050 --> 00:52:50.700 Eric Sarver, Esq.: That's my litigation cry when I'm

00:52:52.050 --> 00:52:58.200 Eric Sarver, Esq.: Sorry, I should say not. I try the more professional similar approach. But that's why

00:52:59.910 --> 00:53:01.890 Steven Frey (SMB Guy): It's a perfect answer for this.

00:53:03.000 --> 00:53:10.860 Steven Frey (SMB Guy): I do like to make a special appearance with my with my guest anytime that I can see me as Seinfeld right next to Eric stanza Murphy.

00:53:11.370 --> 00:53:25.170 Steven Frey (SMB Guy): So question number two. What is your favorite movie or TV show, and I should have went down this road immediately but law and order SBU was the answer. So Elliot Stabler Eric Sarver. Nice to meet you.

00:53:26.160 --> 00:53:29.880 Eric Sarver, Esq.: Pleasure. Yeah, great, great similar builds. Hey,

00:53:33.900 --> 00:53:34.320 Eric Sarver, Esq.: Sorry.

00:53:34.950 --> 00:53:36.150 Steven Frey (SMB Guy): Similar hair stylist.

00:53:36.510 --> 00:53:46.860 Eric Sarver, Esq.: Yep there. Yeah. You can see it's a slightly older episode. But that's a great show, and I am you know I like to think for my clients their partner for better or worse, you know, I mean, I've had clients for years to come back to me with

00:53:47.400 --> 00:53:57.900 Eric Sarver, Esq.: New issues are the same old problem and hey Eric, I didn't take your advice, but so here's what happened. All right, let's clean this up but next time. Let's do it this way. Yeah. Oh, yes, they were blown order great show.

00:53:58.170 --> 00:54:07.230 Steven Frey (SMB Guy): You a couple, a couple of older episodes I did, I did a, you know, put you in there as a spin to to also if you're pretty you're pretty good ice.

00:54:07.590 --> 00:54:16.800 Steven Frey (SMB Guy): It says, I've been around the block a couple of times. Trust me on this. So it's always what you want to hear from your trusted counsel, but, uh, I gotta say I make I make it better. Ice Man.

00:54:17.490 --> 00:54:17.940 Okay.

00:54:19.500 --> 00:54:31.560 Eric Sarver, Esq.: Yeah, yeah, yeah, I can see that, maybe, you know, if you go to the newer shows you got Chrissy. You know, he's kind of a he's a cop with the cerebral with actual side ego comes da but yeah

00:54:32.070 --> 00:54:34.440 Steven Frey (SMB Guy): Yeah, and I got she was the deer right here.

00:54:34.830 --> 00:54:46.500 Steven Frey (SMB Guy): Right, so question number three. What is your favorite musical instrument and the artists who plays it love the answer. Love the namesake none other than Eric Clapton

00:54:48.150 --> 00:54:50.190 Eric Sarver, Esq.: And the guitar. Terrific. Yeah.

00:54:50.760 --> 00:55:00.300 Steven Frey (SMB Guy): Good good word, my man. It's a you're definitely a good sport. There's, there's, there's me right there in the bandwidth. I'm playing the drums. I took all my hair off for the occasion.

00:55:00.930 --> 00:55:08.430 Eric Sarver, Esq.: Looks just like yeah, except the hair looks just like, you know, I can see it. I can see pounding away right that percussion instrument, kind of, you know,

00:55:10.440 --> 00:55:21.750 Steven Frey (SMB Guy): So Eric, a great pleasure to have you on the show today. For more information on on Eric services and the Law Offices of Eric and Sarver you guys can go to the server law com that's si r ve R dash

00:55:22.050 --> 00:55:29.250 Steven Frey (SMB Guy): Law com you can also look up Eric Sabra on all major social media outlets except Instagram not really playing around too much on there.

00:55:29.460 --> 00:55:44.370 Steven Frey (SMB Guy): But damn near everything else. And also you don't forget you can see Eric right here on talk radio dot NYC Tuesdays at five o'clock for employment law today. So Eric, thank you so much for being on the show today. Any last words you want for everybody.

00:55:46.440 --> 00:55:54.390 Eric Sarver, Esq.: Yeah, I just thought, two things. One, Stephen. Thank you so much for having me. It was a pleasure. It was generally interesting. A lot of fun. And I like the fact that we can showcase their personalities.

00:55:54.810 --> 00:56:03.540 Eric Sarver, Esq.: And number two, I'd say just, you know, I'm not gonna do a commercial for myself because I do those through networking and marketing. I'll just say my message is everyone just stay safe.

00:56:04.290 --> 00:56:11.520 Eric Sarver, Esq.: You know, stay, stay level headed stay sane and stay positive because we're all going to get through this. This will pass

00:56:12.360 --> 00:56:20.010 Steven Frey (SMB Guy): Words To Live By. And nice segue into next week, you know, one big thing about the way Eric goes to market. He mentioned networking

00:56:20.250 --> 00:56:31.500 Steven Frey (SMB Guy): So I'm a serial networker Eric's a serial networker and the spirit of cereal network networkers coming up next week, we're going to be talking knockout networking. It's all about the connection.

00:56:31.830 --> 00:56:43.290 Steven Frey (SMB Guy): Networking like boxing is about the connection. Not only is my guest next week, a competitive boxer, but he is also a dynamic speaker author coach and an unbelievable connector.

00:56:43.680 --> 00:56:52.020 Steven Frey (SMB Guy): On our next episode will be joined by Michael Goldberg, the founder of knockout networking, as well as a national networking organization called T and G.

00:56:52.320 --> 00:57:06.780 Steven Frey (SMB Guy): Or simply the networking group nice name originality there, baby. Until then, I am Stephen Fry your SMB guide. Thank you for joining us on always Friday. We hope you gained some weekend insights and make a Monday impact. Have a great weekend and we'll see you next Friday, my friends.

00:57:08.490 --> 00:57:09.060 Eric Sarver, Esq.: Thank you.