THOUGHT FOR THE DAY
< BACK TO BLOG

Employment Law Today

Monday, September 19, 2022
19
Sep
Facebook Live Video from 2022/09/20 - Employment Considerations For A Business Sale

 
Facebook Live Video from 2022/09/20 - Employment Considerations For A Business Sale

 

2022/09/20 - Employment Considerations For A Business Sale

[NEW EPISODE] Employment Considerations For A Business Sale

WHAT WILL THE AUDIENCE LEARN?

The audience will learn to identify and address the potential employee / employment issues that arise when preparing to sell their business to a prospective buyer. 

EPISODE SUMMARY:

When selling a business, many owners look at the state of their inventory, their profits and losses, and make sure that any tax liens and outstanding credit issues are squared away. However, in order to sell your business for a maximum profit, the seller must also make sure their employee affairs are in order. Are there outstanding challenges to the existing non-compete agreements? Might these agreements need revision? Is the company in compliance with federal, state, and municipal labor and employment laws? Are any Department of Labor inquiries resolved? What about pre-empting potential lawsuits from disgruntled, soon-to-be former employees?

Tune in on Tuesday, September 20, when my guest, the very knowledgeable and business savvy Damon Pistulka of Exit Your Way, discusses the myriad of employment and business related aspects of preparing a business for sale or acquisition. A must see show for all business owners who may sell their company - now or at any future date!

Damon’s Profile: linkedin.com/in/damonpistulka

Websites: 

exityourway.us (Company)

damonpistulka.com (Personal)

crossnw.com (Cross Northwest Business Sales)

www.exityourway.com

Email: damon@exityourway.us

Twitter: dpistulka

Tune in for this informative conversation at TalkRadio.nyc


Show Notes

Segment 1

Eric welcomes his guest Damon Pistulka, co-founder and managing director of Exit Your Way. Exit Your Way helps people sell their businesses at the value they need. They are experienced in accelerating growth, growing a business, and maximizing business value. Damon says that what inspired him to choose this career path was that after studying mechanical engineering, he realized that he likes to lead people which drove him into leadership roles in manufacturing companies and eventually with working with investment owners to help build value to companies and help sell those businesses. Damon enjoys helping businesses and business owners accomplish what they might not realize they can at first. Damon and Eric also discuss how things like the great resignation, inflation and other workplace changes affect business owners wanting to sell their business.

Segment 2

Eric talks briefly more about inflation and how this affects buyers and investors with issues like interest rates. He also brings up employee turnover in the workplace. Damon mentions that the value of a business boils one to the people that work there. Employees drive the value of the business they work with. Eric asks Damon about employment related considerations and other factors company owners should look at when selling their business. He mentions the age in the workforce is a big topic spoken about today. He also mentions that when selling a business, one must realize who your key employees are. He poses questions regarding the reasons they are still in the business and whether they would continue to stay after the sale. They talk about factors like compensation and salaries as well. Eric also mentions noncompete agreements and whether owners need to look at this when selling. Damon says that this is important depending on the business. But some businesses may not use them at all and some use them too much which he says is a problem. He mentions being selective on using this. But they raise other factors that can be used as protection for a company.

Segment 3

Eric brings up a question from a listener, Dr. Lance Knaub about whether there is an objective way to evaluate the culture of a business either on the buyer side or seller side. Damon and Eric mention different ways this kind of data can be evaluated such as employee turnover, looking at how many employees filed internal or external complaints, and the length of time employees stay with a company. Eric questions about how factors like tax liens and credit affect selling a business. Damon says that all these things have to be in order beforehand as well as things like lawsuits have to be resolved. When it comes to employment related affairs, he mentions human capital, saying that overall the value of your employees has a big difference on the value of your business. He also mentions reviews from employees online on sites like glassdoor which is a big factor in this day in age. Investors will definitely look up your business and will run into this information.

Segment 4

Damon explains how Exit Your Way works with business owners who are looking to build and sell their business and how their firm distinguishes itself from others. He says that they start by educating and informing business owners and executives on what they should be doing. Focusing on those fundamentals will help owners build value and make more money even when the time comes to sell. He also brings up an interesting situation where he also explains to some owners that they may have a very profitable business that they are not going to be able to sell. Another thing that distinguishes them from other firms is that there are not many people that combine the consulting part with the selling part like they do. They focus on getting their clients to their goal. They are passionate about helping owners make informed decisions. Damon mentions his website, exityourway.com, where you can listen to his podcast live every week. You can also connect with him on Linkedin at Damon Pistulka and his email at damonpistulka@exityourway.com.


Transcript

00:00:32.830 --> 00:01:02.439 Employment Law Today: Good evening. Welcome to employment law today. I'm: your host, Aaron Starmer. I'm an employment law and business law, attorney and I host this live weekly talk radio show on this live video broadcast every Tuesday night from five P. M. To six P. M. Eastern Standard Time, where I have different guests who discuss some of the most novel and interesting challenges and issues that employers and business owners are facing today during these trying times, and in the spirit of my show, and having

00:01:02.450 --> 00:01:12.610 Employment Law Today: interesting and dynamic guests, i'd like to welcome you to the show this evening. Ah, Damon, Pistolka, co-founder and managing director, of Exit your way, David, and welcome to the show.

00:01:12.730 --> 00:01:14.870 Damon Pistulka: Well, thanks for having me today.

00:01:14.930 --> 00:01:30.290 Damon Pistulka: It's a pleasure to have you on this evening. I know we have an interesting topic that I think will be quite relevant for our audience listening tonight, so i'll just mention a little bit more about you, and then we can get into the topic and question. So that sounds good to you,

00:01:30.300 --> 00:01:43.480 Employment Law Today: all right. You're welcome. So, as I said, every one of my guests this evening is damon pistolka, co-founder and managing director makes it your way. So Damon helps business owners to translate goals into results that generate wealth

00:01:43.490 --> 00:01:58.970 Employment Law Today: and he is focused on identifying and executing opportunities to increase business, revenue, profitability and value. Damon Kostlka grew up on a large midwestern family farm and worked his way through college, earning a mechanical engineering degree.

00:01:58.980 --> 00:02:15.759 Employment Law Today: After college dame worked in technical and managerial roles, including designing building and operating facilities. Damon led businesses in retail automation, custom fabricated metal products advanced aerospace components and high-tech devices.

00:02:15.770 --> 00:02:21.139 Employment Law Today: Ultimately Damon developed his skills as a business leader and improvement specialist

00:02:21.150 --> 00:02:45.579 Employment Law Today: with over twenty years building and managing businesses in extreme conditions and diverse industries. Damon's drive to help clients reach their goals, helps them crush competitors and dominate markets. The proven framework, Daemon and the exigrant way team developed and used successfully in private equity and investor on companies is used to increase executor, ray clients, results and business values

00:02:45.590 --> 00:03:04.549 Employment Law Today: in the sale of client businesses. The exit your way team utilizes the intimate knowledge of private equity, virus desires and clients businesses to clearly articulate the investment opportunity, so that buyers see the true value. One of the even's favorite quotes is, If you are going to go through the countless hours of work,

00:03:04.560 --> 00:03:18.820 Employment Law Today: what it takes to be your best. So, Damon once again. Really, I think we have a glad to have you on tonight, and I also want to share with our audience and the centers out there what our topic is, and then we can get to our questions. So

00:03:18.890 --> 00:03:25.389 Damon Pistulka: all right. Well, it sounds good. Thanks so much for the introduction. I just realized I need to cut that down by about two over three.

00:03:25.400 --> 00:03:27.090 Damon Pistulka: That's right.

00:03:27.100 --> 00:03:27.790 Damon Pistulka: I know it.

00:03:27.800 --> 00:03:41.960 Damon Pistulka: It just fits in the you know. I find the intros are great like It's a good round way, but I think it was. It was right on the money, but but here it's good to keep in mind. But our topic tonight, though, is employment considerations for business now.

00:03:41.970 --> 00:03:54.690 Employment Law Today: And really we're talking about right the topic of when selling a business that many owners look to the state of their inventory or their profits and losses, and making sure that any tax leans and outstanding credit issues are squared away.

00:03:54.700 --> 00:03:59.740 Employment Law Today: Now that's all well and good. But in order to sell your business for a maximum profit,

00:03:59.930 --> 00:04:04.000 Employment Law Today: the seller must also make sure that their employee affairs are an order

00:04:04.110 --> 00:04:23.629 Employment Law Today: are there outstanding challenges, and to the existing non-negative agreements might these agreements need to be revised is the company in compliance with federal state and musical labor and employment laws are the Department of Labor increases out. And what about preempting potential lawsuits and disgruntled students to be former employees?

00:04:23.640 --> 00:04:51.099 Employment Law Today: So this evening i'm applying below today. Um, I guess they're very knowledgeable and business savvy daniel Joshua and I will discuss the myriad of employment and business-related aspects of preparing for business for sale or acquisition. Um, a musty show, I think, for all business owners who may sell the company either now or in a future date, and you know, as an employment law attorney, this topic is very near and dear to my heart as well. So

00:04:51.110 --> 00:05:04.820 Employment Law Today: all right, so I guess my first question for you. Damon is just, if you can tell our audience for listeners a little bit more about yourself mainly what inspired you to choose a career in business, and to form your consulting firm and give your way.

00:05:06.040 --> 00:05:09.789 Damon Pistulka: Well, thanks it. You know what really

00:05:09.800 --> 00:05:39.779 Damon Pistulka: um inspired me to choose a career in businesses, you know, I went to school for mechanical engineering like you said. Uh. I realized soon that I like to lead people, and that really drove me into um leading leadership roles throughout the manufacturing companies I worked in, and then ultimately, uh, I I was able to work with investment owners to help them build value and sell their companies. So we were buying and selling companies for investment owners,

00:05:39.790 --> 00:05:58.710 Damon Pistulka: private equity groups and the holding companies. And when I was doing that I. I really really really enjoyed the process of you know, building value, creating a company that has exitable value, and in selling those businesses, and you know, in the in the investment world

00:05:58.720 --> 00:06:17.750 Damon Pistulka: contrary to you know me. Being a private owner of business in the investment world, they look at it going in knowing a business is worth X, and we have to take it to. Why, to make our return in the next five years or seven years, whatever it is, and I really like that because it gives you goals,

00:06:17.760 --> 00:06:29.510 Damon Pistulka: and it it really allows you to quantify what we have to do by when and and let you, you know, put a timeline around it, and the strategies and things you need to do.

00:06:29.520 --> 00:06:48.370 Damon Pistulka: And when I was at Ah, in one of the first acquisitions or the the sales, not acquisitions of sales we sold to a large strategic customer or buyer. Um, We built a company into that. I I realized that I want to do this for companies, and I was in my mid thirtys, and it took me almost fifteen years to

00:06:48.380 --> 00:07:07.529 Damon Pistulka: to actually get around to doing it. But that's really what started is the desire to be able to help Business owners grow these businesses to values that they often don't think they can or hadn't considered they could, and then sell them, and so they can take that money and do whatever they want next.

00:07:07.610 --> 00:07:09.180 Employment Law Today: Hmm.

00:07:09.190 --> 00:07:38.220 Employment Law Today: You know It's interesting like a lot of times, you know. People are asked why they got into their field, where they're passionate about it, and you know what I hear you talk about are some things like, you know, characteristics and traits of what you do, and the goals you know, from being able to quantify where you need to be. And then having this kind of cool goal to work towards and and strategizing. And then, of course, the reward of knowing that Y helps a client, you know a cluster of yours, clients of yours to reach that goal and to tell their business, and

00:07:38.290 --> 00:07:55.320 Employment Law Today: and then do what they like. And you know I can definitely identify with a lot of that in terms of like what I like about employment law. Just the fact that we've got certain goals and strategies of how we achieve those goals. And there's a reward at the end of the tunnel. So you know, just going back to what you were saying, Um, it's interesting that you know you

00:07:55.330 --> 00:08:00.749 Employment Law Today: that found your way to like this niche area with those interest in mind.

00:08:02.150 --> 00:08:11.429 Damon Pistulka: Yeah, it it it is. I really enjoy being able to help help these business owners do something that they might not have other been otherwise been able to do

00:08:11.440 --> 00:08:30.710 Employment Law Today: right. Well, I definitely hear you a passion, David, in there. So i'm always a phantom, because I you know it's great to hear that. And um you know it kind of takes us to this topic in a way, because in that topic I think that when business owners are looking to sell, they need to know about different employment considerations. So I guess my next question for you to say wins it would be.

00:08:31.090 --> 00:08:42.930 Employment Law Today: How are recent events like the inflation inflation? Rather the great resignation, the workplace changes. How do you think they're impacting business owners who are considering selling their business?

00:08:42.940 --> 00:08:46.770 Damon Pistulka: Yeah, that's a great question. And

00:08:46.910 --> 00:08:55.489 Damon Pistulka: a few, obviously many ways. First of all has to start many ways. You know. We start with inflation right

00:08:55.500 --> 00:09:25.150 Damon Pistulka: inflation to your I Yeah, that stinks when you go to the grocery store, and you've got to pay so much more for a gallon of milk or or some other kind of food. You're buying, It stinks. But when you when you compound inflation over millions and millions of dollars, it makes a significant difference in the amount of capital you have to outlated by businesses, and so it. It limits the buying power of buyers, and it reduces the overall return for them because they're paying more towards interest,

00:09:25.160 --> 00:09:35.740 Damon Pistulka: which therefore cuts some of the businesses out of contention to be purchased, because, say my business is

00:09:35.980 --> 00:10:02.079 Damon Pistulka: ah! It could be very profitable to to a reasonable extent. I could be very happy with the profit. But when I look at that from the next buyer, the investment buyer that comes in to do it, they're going to take out a large loan. They're going to put in some some equity alongside some cash alongside of that loan. But ultimately that size of that loan and that monthly payment that they have to do for the next five or ten years. Whatever they're doing

00:10:02.090 --> 00:10:04.060 Damon Pistulka: is determined a lot by interest,

00:10:04.070 --> 00:10:05.920 Damon Pistulka: and that really

00:10:05.930 --> 00:10:32.240 Damon Pistulka: and that interest eats into their returns. Well, to their investors they have return goals that they have to do so. They can't just go out and and invest in the company that the returns going to be subpar for what they expect. I mean they have to be at their goal, or better on their their investments. Ah! And that really the inflation eats into that, so it makes some of the businesses not acceptable to investment buyers or certain investment buyers. That's

00:10:32.840 --> 00:10:44.810 Damon Pistulka: that's where inflation and the interest, rate, heights, and everything really really hurts. The buyer's power, and the seller's ability to sell their businesses at this time.

00:10:44.820 --> 00:11:00.729 Damon Pistulka: Um good businesses still bought and sold. There's businesses bought and sold every day, and good economies, bad economies. But this does affect those on the margins. Um! When you talk about the the great resignation and workplace changes. I think

00:11:00.740 --> 00:11:07.039 Damon Pistulka: you know the inflation. That's a numbers thing. It's easy to quantify what that is right,

00:11:07.760 --> 00:11:23.290 Damon Pistulka: but the things that we see from buyers now in regards to the great resignation, is what what is your turnover rate which that wasn't one of the first questions that was asked before.

00:11:23.300 --> 00:11:25.079 Um,

00:11:25.510 --> 00:11:34.560 Damon Pistulka: because it is such in some businesses it's significant right? And And and then the second question that comes around, that, too, is,

00:11:34.570 --> 00:11:46.110 Damon Pistulka: what's the average age of your workforce, because we're still up against the baby boomers retiring, and in some industries like manufacturing. We work a lot in manufacturing that's in some of those

00:11:46.120 --> 00:11:52.989 Damon Pistulka: manufacturing business so older. Workforce. Right? Well, what's the age and where you know

00:11:53.000 --> 00:12:09.789 Damon Pistulka: who are in your key positions? And and they look at that both ways bold young. There's There's all kinds of analysis that gets done now on this on your personnel that was not being done two years ago like it is today,

00:12:10.500 --> 00:12:13.290 Damon Pistulka: you know. That's that's the first part of that.

00:12:13.300 --> 00:12:14.300 Damon Pistulka: So

00:12:14.620 --> 00:12:19.099 Damon Pistulka: the and the workplace changes the other thing that that really

00:12:19.500 --> 00:12:30.420 Damon Pistulka: the whole remote hybrid debate, or whatever you want to heck whatever the heck you want to call it. The companies that have been able to embrace a

00:12:31.040 --> 00:12:39.089 Damon Pistulka: healthy balance of remote and hybrid work, depending on position, you know, trying to build the teams the way that they want to

00:12:39.100 --> 00:12:48.389 Damon Pistulka: the ones that have developed that and really embrace that. Hey? There could be a new way of working have really changed their talent. Pool.

00:12:48.400 --> 00:13:11.259 Damon Pistulka: Yeah, Because, you know, you can. You can hire somebody across the country, or, you know, in the next time zone fairly easily if they can work remotely. And I know some of these people are even willing to fly in once a month for a few days, or whatever. And there's but companies are doing all different kinds of things with the the remote or the hybrid

00:13:11.270 --> 00:13:14.140 Damon Pistulka: uh workforce. It gives you so much more.

00:13:14.310 --> 00:13:15.590 Employment Law Today: Yeah,

00:13:15.600 --> 00:13:42.850 Employment Law Today: yeah, you know, It's like, I mean all really good ones for Damon. Wow. But I think very good details, and I I definitely get you on the last two points with you know the great resignation, and how buyers looking at employee, turnover, and wondering, you know, like that's gonna be when my wife's back get into the companies. Let's say profits because they're spending a lot of money on retraining and rehiring and betting and recruiters, you know. It will say productivity be

00:13:42.860 --> 00:14:12.790 Damon Pistulka: stifled, you know, by turnover rates, and there's a lot of other factors that I think to your point weren't being asked as much two years ago and definitely your point about the hybrid, you know, and workforce um or how we want to define it. Um, I think that's a good point, too, that if a company can, you know, make sure that comply with the employment labor law, they would tell them that right? Make sure if you're in certain states with you know laws against non-compached or you're on on top of that. And if you've got um certain minimum wage and our laws and place that

00:14:12.800 --> 00:14:42.609 Employment Law Today: States train paying the right amounts over time, et cetera. But if they can get that underway successfully, the talent will, you know, definitely increases, and you know, believe it or not. We are a little bit past our first commercial break time by having fun. Um! I definitely want to talk more about this and other questions with you. So just let our audience know you're listening to employment law today, right here on talk three to Nyc. I'm. Your host, Eric Sovereign, our guest tonight, Damon,

00:14:42.620 --> 00:14:56.520 Employment Law Today: when we come back, David and I will be talking about more employment-related consideration factors for company owners that are planning to sell their business, and we'll talk about getting those affairs in order, so stick around. We'll be right back.

00:14:59.670 --> 00:15:04.290 www.TalkRadio.nyc: Are you a business owner. Do you want to be a business owner? Do you work with business owners?

00:15:04.300 --> 00:15:19.480 www.TalkRadio.nyc: Hi! I'm stephen fry your small and medium-sized business, or smb go, and i'm the host of the new show always Friday. While I love to have fun on my show, we take those Friday feelings of freedom and clarity to discuss popular topics in the minds of Sms today.

00:15:19.490 --> 00:15:25.660 www.TalkRadio.nyc: Please join me and my various special guests on Friday at eleven A. M. On Talk Radio, Nyc.

00:15:28.010 --> 00:15:30.300 www.TalkRadio.nyc: Are you a conscious co-creator?

00:15:30.310 --> 00:15:34.500 www.TalkRadio.nyc: Are you on a quest to raise your vibration and your consciousness,

00:15:34.630 --> 00:15:44.429 www.TalkRadio.nyc: Samuel You're conscious consultants, and on my show, the conscious consultant hour of a weakening humanity. We will touch upon all these topics and more.

00:15:44.580 --> 00:15:50.299 Listen. Live at our new time. On Thursdays, at twelve noon Eastern time.

00:15:50.990 --> 00:15:58.029 The conscious consultant, our weakening humanity. Thursday's twelve noon on Talk Radio. Nyc:

00:16:03.480 --> 00:16:17.380 www.TalkRadio.nyc: Are you on edge, hey? We live in challenging any time. So let's lean in. I'm. Sandra Bargeman, the host of the edge of every day, which airs each Monday at seven Zero, P. M. Eastern time on top radio dot nyc

00:16:17.390 --> 00:16:32.190 www.TalkRadio.nyc: tune in live with me and my friends and colleagues, as we share stories of perspectives about pushing boundaries and exploring our rough edges. That's the edge of every day on Mondays at seven Pm. Eastern time on top radio, Dot: Nyc:

00:16:35.150 --> 00:16:40.710 www.TalkRadio.nyc: You're listening to talk radio, Nyc: uplift, educate and power.

00:17:10.849 --> 00:17:39.169 Employment Law Today: Welcome back to employment. Law. Today. I'm your host, Eric sober. I'm. An employment law business law attorney out here in New York City, and joined tonight by our guest Damon Pstalka. Name. It is the founder, co-founder, rather, and managing partner. I think you're away Um! It's all the firm that helps companies to prepare for and sell their business to help with mergers and acquisitions. Um, a lot of quite a good stuff here. So you know, I gotta say to him, and your response to that last question like wearing the money. In my opinion,

00:17:39.200 --> 00:18:07.010 Employment Law Today: Um, especially. What I found interesting is that with the um with inflation cutting into certain, say, certain profits and making companies harder for the buyer and the seller. Um hired harder fires to sell, because often you hear about, you know different economic factors on how like they make. Let's say, a buyer like a buyer's market, real estate, and then and you know that towers on the sort of the the theutorium of the stick, or vice versa. And you guys

00:18:07.020 --> 00:18:24.349 Damon Pistulka: certain issues and trends in real estate where there's a seller's market, the buyers having a harder time. But I feel like with inflation, and it's probably cut into the real estate, too. But here, with the sell of a business, because those issues you mentioned the interest rates and cutting into profits. It It hurts both sides. So yeah,

00:18:24.360 --> 00:18:27.870 Employment Law Today: right? And it's, I think, a good point, you know, to to bring out. So

00:18:27.880 --> 00:18:31.140 Damon Pistulka: yeah, it is, it is hurt in both sides, that's for sure.

00:18:31.150 --> 00:18:50.130 Damon Pistulka: Yeah. And then, of course, you know, with the um, the great resignation. And those questions, what came to mind is, I don't think a lot of audience may have been thinking about that question about, you know. Employees turn over the workforce being a factor that potential nesters and buyers looking at. But I think it's a good point to raise as well.

00:18:50.500 --> 00:19:04.100 Damon Pistulka: Oh, it's, It's a big factor in Yeah, Well, especially in investment buyers, right? Because you know, it's important for any buyer. But the the fact the matter is, is,

00:19:04.400 --> 00:19:10.849 Damon Pistulka: businesses. Boil down the value of a business boils down to the people that work there

00:19:10.860 --> 00:19:39.889 Damon Pistulka: because they're the ones that make it happen. They're the ones that drive the value of that business, whether it's performs marginally formed very well it forms, you know. However, it's depending on those people, and and that smart buyers and and smart business owners know that. And you can tell that when you walk into a business and you talk to the people and and and that's not just me. That's a You know someone that's going to buy a business when they go to do an interview with with some of the key people. If that's what they do, they'll be able to tell that.

00:19:40.360 --> 00:19:47.570 Employment Law Today: Yep, that is true. You know. I know this, that the trend these days is very to recognize the value of,

00:19:47.580 --> 00:20:12.119 Employment Law Today: and a workforce that has high employee, morale and lower turnover and productivity. I think more and more businesses are realizing that it's. It's not just about, you know, doing the right thing by your employer, which is very important, of course, but it's for your own profitability and the value of your business, and I think that's really important to note. It kind of brings me to a next question which is really

00:20:12.130 --> 00:20:25.410 Employment Law Today: had into this, but it's sort of you know. It's about What's the mother, that's say, maybe some employment-related considerations are the ones for company owners like they're planning to sell their business, and what kind of employment weight and factors should they be thinking about?

00:20:26.510 --> 00:20:54.480 Damon Pistulka: Well, it the the one that I I mentioned just briefly before you know the the age of the workforce is a big thing that we give a lot of people talking about now, and commenting either good or bad it can be in in some cases, you know. Too young, too old. Um! Oh, it just places more risk on the business, right if I look at if I if i'm on either end of the spectrum, I have a lot of people in the middle of the spectrum.

00:20:54.490 --> 00:21:23.539 Damon Pistulka: Yeah, it's. Uh, you know. I must be much less risky, because I can either have a uh risk of retirement or risk of of Well, some people it's it's perceived risk of the great resignation being easier with young people. But I I don't believe that I think it's across the board. But uh and uh, you know, so it's It's really that's some of the things that uh is rather new now, and and more prominent. But some of the other things that you really need to know about

00:21:23.640 --> 00:21:31.969 Damon Pistulka: You're going to be selling a business or who your key employees are that you said, Listen, This is my right-hand person. If she wasn't here,

00:21:31.980 --> 00:21:47.820 Damon Pistulka: i'm in trouble. So how do I really I mean a Is it the right person? Are they really engaged in the business, or they engage with me? Would they be here beyond me? And and if so,

00:21:47.870 --> 00:22:05.579 Damon Pistulka: do my incentives do. My Ah, Kant, if I got an employment agreement with them all, does that help to incentivize them with the things that it is important to them to stay with the business after the sale.

00:22:06.520 --> 00:22:07.490 Employment Law Today: Yeah.

00:22:07.500 --> 00:22:20.239 Employment Law Today: Yeah, I think that's very important, Right? I think that's something that the buyers look for as well, and people that are staying on. Oh, I hear that, and something I've been seeing with my clients these days want to keep and retain the talent.

00:22:20.250 --> 00:22:49.950 Damon Pistulka: This, and they can do it in various ways to go through good salaries and compensation through um equity, and it's set as equity plans, you know, giving a say, an employee um stock in the company, and then as part of working in the membership ownership units in a policy that may invest over time, so you can say employees days for one year, and then they have this same percentage of two years, you know, et cetera, five year plan. Um. But I think you're right, and I think also coming back to that age, don't say, which

00:22:49.960 --> 00:23:06.439 Employment Law Today: you know employers may not be able to talk about and ask their employees about, but investors and buyers are looking at because and as you mentioned in, you know, if you got a high road, mainly a boomer aid generation working in the industry, and I think for a company

00:23:06.450 --> 00:23:36.149 Employment Law Today: then, as far as I know, that there might be head of retirement when there's going to be place that necessary, and be trainings and and such. And so it's same thing, of course. Younger inspection. Um, I don't know what I kind of became in the middle of the section. But you know I went to a family function of family gathering on last week, and I recognize that the generations all shift that I bought back to the you know, years and years ago, when I was in the younger pool. And now I see these, you know um kind of kids or in college, and you know, looking at me the way I looked at my aunts and uncles back in that, whatever,

00:23:36.420 --> 00:23:51.560 Damon Pistulka: I guess thirty years ago, but it is funny to see that. But um, but um, you know, I think that's a good point, and I think also um wondering what you think about like non repeat agreements in terms of is that a factor that companies need to look at when they're selling

00:23:51.570 --> 00:24:07.189 Damon Pistulka: Well, it it is in in the right industries. They're really important in in some and and some. And the other thing is sometimes people A. They don't use them at all, which I think is is wrong, or they use them too much, which I also think is wrong, because you know

00:24:07.200 --> 00:24:13.530 Damon Pistulka: what what it really is. There's you get to a point that's not really going to hurt. And why do you even worry about it?

00:24:13.540 --> 00:24:30.669 Damon Pistulka: Um! And another thing, too, is, and I don't even know how this works you know better than you probably can explain it. But what do you do when you have remote workers that are in States where employment non-competes are really not enforced the same way, or maybe you can't have them, or or different things like that.

00:24:30.800 --> 00:24:32.250 Damon Pistulka: She Hasn't.

00:24:32.430 --> 00:24:59.170 Employment Law Today: That's an issue. I see a lot in my name. It's funny. It's something that I've been talking about in recent Webinars and seminars people. Um, because you know, at different states you may have to look at the State laws and decide if your company has existing not to be, they've been using. Let's say a template in the last five years. Well, now, you're hiring more workers, maybe in Illinois Main or Washington, and you've got to make sure that you know, if they're not at the minimum salary threshold.

00:24:59.180 --> 00:25:29.090 Employment Law Today: According to those State laws, it's not enforceable. So we want to look at that. As you are saying data, maybe you want to be more selective as to who we've given those non defeats to hire, you know, paid employees and some actual competitive threat. And also if it's state like California, we're just not no longer allowed right on the piece of most circumstances, only a few exceptions. Um, an email and a real, that with those employees that work in California and live there remotely. You can take it on the table, and and really beef up your non-sesitation, agreement

00:25:29.180 --> 00:25:45.839 Employment Law Today: and your confidentiality clause, and your you know protection of proprietary information. So I think you know all good points to be like about and talking about It's why people consult with folks like you, and folks like me have been looking to sell a business.

00:25:45.850 --> 00:26:00.690 Damon Pistulka: Yeah, those are great points. You brought up something that I didn't think about, too. Is that where you can't use a non-compete. There are other things that you can do and change to be able to get similar type of protection, or some of the protections that you want. That's really good.

00:26:00.700 --> 00:26:15.629 Employment Law Today: Yeah, Thank you. Yeah. Yeah, something I've been. You know, you've been working on stuff. I'm sure a lot. I live in this field, and i'm working on this a lot, too. So it's been like i'm on the top of mind for me. How can I help my clients with not repeat. And i'm sure you have a lot of you know these different sales thinking about inflation.

00:26:15.660 --> 00:26:43.729 Damon Pistulka: There is a nation so forth. So um No, I think you know definitely important stuff for people to just be aware of, and you know, and I think, like you know, being aware of the compliance with the Federal and State Liberal employment laws. Because, yeah, maybe not. If you sell in a company, and that company gets it with a a large six figure fines in the Department of Labor because they misclassify, you know ten workers right? That's going to eat into the value of that company,

00:26:43.740 --> 00:26:45.730 Employment Law Today: and what it sells for?

00:26:45.820 --> 00:27:06.350 Damon Pistulka: Because, yeah, you know. And you know the all the reasons that you gave above when we got started here I was thinking through them, as you're saying, and we've run into all of them, I think. Ah, but this is yeah, yeah, Ah, and the Department of Labor kind of thing is one that we just ran in a couple of years ago. Somebody, it was actually actively, and I mean it was. It's not even

00:27:06.360 --> 00:27:12.249 Damon Pistulka: major with the department. Later with this compliance is really important, because a

00:27:12.390 --> 00:27:41.290 Damon Pistulka: it's it's an outstanding risk, and those kind of risks don't go away for the buyer. They carry along with the business, and could so they have to be settled before you really can sell a business. So they keep in that compliance. And then the things like. Are you doing your Fm. La. I think i'm saying it right. But you won over fifty employees, and and are you in compliance with that? And And have you had any problems with it? Because that we just ran into that

00:27:41.420 --> 00:27:54.749 Damon Pistulka: few weeks ago, and a company had just gone across the threshold, and that the buyer wanted to make sure that they had everything in order. And thank goodness, we did an Hr. Out of before, and had it all fixed. But yeah, so many things can pop up

00:27:55.130 --> 00:28:09.600 Employment Law Today: right right, I think, you know. And they're really good good points there. And yes, it's part of the the preparation is to make sure you know it's funny. We have a question from a listener. Thank you. Dawn, for Elderly. That's our attention. Land snob! Asks

00:28:09.610 --> 00:28:38.919 Damon Pistulka: Damon, is, and maybe we can add just after the controversial rate come back. And after last question, which is, Ah, demon, is there an objective way to evaluate the culture of a business, i. E. Either in the by side of the South side. So before you ask that question, why don't you think about it? We'll take a quick break um last. Thank you so much for writing and listening tonight. Yes, lovely. Yeah, we're. We're. We're watching and listening to unemployment law today with our guest, David. We spoke of aging your way, so stick around. We'll have to answer this question in a few minutes.

00:28:40.870 --> 00:29:07.670 www.TalkRadio.nyc: You're passionate about the conversation around racism. Hi! I'm! Reverend Dr. Tlc. Post of the dismantling Racism show which airs every Thursday at eleven A. M. Eastern on talk Radio Dot Nyc: join me and my amazing guest, as we discuss ways to uncover, dismantled and eradicate racism. That's Thursday at eleven o'clock A. M. On Talk Radio Dot Nyc:

00:29:11.060 --> 00:29:16.289 www.TalkRadio.nyc: Are you a small business trying to navigate the Covid? Nineteen related employment laws?

00:29:16.300 --> 00:29:23.109 www.TalkRadio.nyc: Hello, I'm. Eric. Sovereign employment, law of business, law, attorney and host of the new radio show employment law today

00:29:23.120 --> 00:29:36.469 www.TalkRadio.nyc: on my shawl we'll have guests to discuss the common employment life challenges. Business owners are facing during these trying times tune in on Tuesday evening from five P. M. To six P. M. Eastern time on talk radio and Nyc

00:29:37.760 --> 00:29:38.830 the

00:29:42.450 --> 00:29:58.889 www.TalkRadio.nyc: everybody it's coming deed and non-profit sector can actually coming at you from my attic each week here on top rating that Nyc: I host the program at the land of the digital kitchen nonprofits in which you get every day, and it's my focus to help them amplify their message and tell their stories.

00:29:58.900 --> 00:30:06.489 www.TalkRadio.nyc: Listen: Each week at ten A. M. We shouldn't stand in time until eleven A. M. He's: we're standing right here on talk radio.

00:30:07.550 --> 00:30:17.269 www.TalkRadio.nyc: You're listening to talk radio and live seat at Www: talk radio and live scene now broadcasting twenty four hours a day.

00:30:39.350 --> 00:31:08.569 Employment Law Today: Welcome back to your employment law Today i'm your host, Aaron Sovereign. I'm. An employment law and business law attorney here in New York, and I'm. Joined tonight by our guest, David Bustoka, Um, David, and once again, is the Ah, co-founder and managing director of Hexiger way. And we're talking tonight about deployment considerations for self-business, and really getting into it with some great examples. And great I think insights from from Damon and i'm in well-side, agreed on. So they probably

00:31:08.580 --> 00:31:12.229 Employment Law Today: one of our listeners in the audience out there from um

00:31:12.240 --> 00:31:41.849 Employment Law Today: Dr. Lance Nah plans is ah both a physical therapist, and also runs a consulting business to knowledge, consulting for businesses, looking to thrive, prosper, and and find balance and and success. So So Lance asked um the question again to repeat for those of me just trying to. Ah Lancelot's question. If Damon is there in an objective way to evaluate the culture of the business, i. E. Either on the buy side or sell some.

00:31:44.310 --> 00:32:03.300 Damon Pistulka: Yeah, it's a great question for Lance there, and and there are there. Are I I the a specific one does not come to mind. I've heard people talking about them. We use different ones to evaluate over all the human capital component in a business in the valuation. When you talk about

00:32:03.310 --> 00:32:31.839 Damon Pistulka: um a lot of the factors, you know. Degrees years of experience uh succession plans for key positions. There's all kinds of things that we have. Um literally well, over one hundred questions, and we're doing some evaluations on businesses that talk about people and ask and ask for questions, and I know they do the same types of things with culture. To then boil it down into a numeric score almost, and and tell you in the areas of culture where where you

00:32:31.850 --> 00:32:33.620 you're doing well and where you're not.

00:32:36.780 --> 00:33:06.769 Employment Law Today: I think I muted there. Yeah, very true. And I think those are all good factors, and you know, to further I respond to Lance's question. There are uh firms out there. They are sort of a cross between H. Shar consulting firms and internal branding firms like they try to, you know. Look at, say, like deploying around, and they have their own uh sort of uh tests, as I think they mentioned criteria like to score they can do, based on. They look at employees, turn over. They look at how many employees are filed internal

00:33:06.780 --> 00:33:35.440 Employment Law Today: external complaints over the years with, let's say, the Eoc or um any state, the human rights, or some other entity, and they look at the uh longevity of employees at the place, and they also just will do surveys on. You know, people's question of the work that they're doing so, you know, but but also important right, because a company on business with a good, solid, healthy culture will most likely kind of have some of the breakdowns

00:33:35.450 --> 00:33:40.589 Employment Law Today: that a business or company, you know, with a toxic or dysfunctional culture,

00:33:40.600 --> 00:33:50.359 Employment Law Today: as I see that again and again, with litigation and employment litigation lands. I see that companies that get sued a lot repeatedly is often a systemic problem with

00:33:50.370 --> 00:34:05.039 Employment Law Today: how they treat and interact with their employees, and also a poor communication like communication. Breakdown is a big big challenge. One just took a song by that one. So um! But you know, Thank you, Lance, for writing it. It's a great question, and I appreciate the name and dance on that.

00:34:05.140 --> 00:34:16.090 Employment Law Today: Um, It kind of bring me to another question which is really talking about It's actually kind of what we're talking about tonight like, but you know a listener might be hearing this and saying, Well,

00:34:16.100 --> 00:34:33.930 Employment Law Today: you know, is is it enough for me as a business order to have just good inventory and good cash flow, and no tax leans or no credit, you know. Why is this so important? Like? We know what the factors are. But how do they really? How can they really impact the Selma business, these employment factors?

00:34:34.760 --> 00:34:43.960 Damon Pistulka: Yeah, it will kill the deal. It's that simple, you know, if you know all your compliance kind of things,

00:34:43.969 --> 00:35:00.559 Damon Pistulka: they have to be an order that just don't don't even try to sell a business if you've got, you know, outstanding lawsuits or or things that Aren't resolved you. You're just going to need to wait until they're done, anyway, because you can't limit the risk for the buyer,

00:35:00.570 --> 00:35:30.530 Damon Pistulka: and they're going to. Their lawyers are going to stay up on it anyway, even if they wanted to do it. Their lawyers are going to tell them. No, no, no! And if they're an investment buyer even worse, because they'll, you know there's there's legal ramifications that they would buy you at that point. So you know you really have to make sure that if those things can be taken care of, they are taking care of, and if you have something that is, you just you just can't take care of it. You're going to need to find a good lawyer that understands deals and employment

00:35:30.540 --> 00:35:39.749 Damon Pistulka: law to make sure that they can somehow structure something that segregates at risk from the buyer completely, no matter what,

00:35:40.130 --> 00:35:44.320 Damon Pistulka: and that's really what they have to do but

00:35:44.490 --> 00:35:53.190 Damon Pistulka: the around. When you talk about a company's employment rate of related affairs like you asked, I come back again to human capital,

00:35:53.200 --> 00:36:13.460 Damon Pistulka: and and I don't like to. You know you don't talk about people as in numbers, but overall the value of your people. How good your people are has a tremendous difference on the value of your business, and that's that's what I think you know. When I look at employment-related affairs, I think

00:36:13.470 --> 00:36:17.289 Damon Pistulka: do they have a good recruiting process. Do they have a good onboarding process?

00:36:17.300 --> 00:36:22.199 Damon Pistulka: The other thing that that that buyers do now that they never did

00:36:22.210 --> 00:36:42.809 Damon Pistulka: ten years ago is they're going to look to all the review sites. Um glass door. They're going to look at glass door. I can't tell you how many times people. Well, this one employee said something on glass door. They're going to look at Google reviews. They're going to look at any kind of review they can find on your company. So if you got

00:36:42.820 --> 00:36:59.819 Damon Pistulka: half a dozen employees that were bent on glass door about the fact that you got a toxic workplace, or you know that blah blah, blah, blah blah, whatever it is, those kind of things are going to rip you up when it comes to that point. So you got to deal with them head on and take care of them. But this

00:36:59.920 --> 00:37:15.550 Damon Pistulka: employment-related affairs is so much larger than just doing am I in compliance. It's more am I creating a good work environment? Do I do? I have a good onboarding process? Do I even? I mean, are we

00:37:15.800 --> 00:37:17.690 Damon Pistulka: do people like working here?

00:37:17.700 --> 00:37:22.790 Damon Pistulka: I mean it comes down to that kind of thing, and they feel that people feel that when you walk into businesses

00:37:22.800 --> 00:37:24.229 Mhm

00:37:24.240 --> 00:37:52.780 Damon Pistulka: absolutely, this is like one hundred percent what I've been telling clients, and I'm usually pretty. They realize that you know how important this is. Um to have not just compliance. Compliance sort of is, in my opinion, the floor. It's a very basic minimum that you really need right to have. Well, a functioning business, and also a propane also to be uh to have potential to be Sol. But but you know to your point name, and it's It's so much more than that right it is that culture it is that you know that. Um, the general feel you get

00:37:52.790 --> 00:38:07.120 Employment Law Today: walking in, and I love what you said about the last door and all these other sites, you know. It makes really the due diligence for the buyer much easier than it was maybe in, you know, two thousand and two or two thousand and ten, even because there are so many sites now dedicated

00:38:07.130 --> 00:38:34.399 Employment Law Today: few employees. Ah experiences at the end of the workforce, and because in the circle's back, and I think they're all very much related to, because if you have a company that says, Hey, we're in compliance that you know we hired a point of lawyer, and we following all the employment laws and we have. Look, there's no department labor issues or audience investigations. Um. But if they have an unhappy workforce, and you're seeing six, eight, ten from hindsight's last doors.

00:38:34.410 --> 00:39:04.309 Damon Pistulka: That to me shows that eventually that toxic workforce is gonna going to go up in some so that could be in the form of Wall Street, you know, for constructive discharge or harassment, or what have you Um and people? Often you know it often it's hard to separate out uh abuse in a workplace from you know one's background, and that can be a whole cause of action or discrimination. So you know. I think it's just very, very spot on that. It will kill the deal. As David said. Just

00:39:04.320 --> 00:39:13.290 Employment Law Today: point, you know, if you're not. And so it's got to get those affairs in order. It's not just about, I mean, Sure, we're selling a business and being profitable.

00:39:13.300 --> 00:39:22.279 Employment Law Today: Yeah, you have to look at cash flow and your good will, and you know no tax leans and all. But the employment piece is a big part. That's, I think, a big part of our show tonight.

00:39:22.290 --> 00:39:26.499 Damon Pistulka: Yeah, and you know. And it is, I tell you, the best. The best

00:39:26.520 --> 00:39:30.009 Damon Pistulka: uh success we have is when owners

00:39:30.160 --> 00:39:36.179 Damon Pistulka: really feel good enough about the team of people, the culture they've created

00:39:36.190 --> 00:40:04.879 Damon Pistulka: uh that they brag about the team of people. They say our team, you know this, the the people I got here. They do it. They're way better than me, you know. I just give them the tools, and they're doing things I never thought we could do when you hear things like that coming out of an orders now, and you know the compliance like I said, it has to be there. But when you hear someone that's an owner uh, and in a business talking about their the people they have working there like that, You

00:40:04.890 --> 00:40:06.589 know that we've got

00:40:06.600 --> 00:40:35.420 Damon Pistulka: a little something special beyond. Yeah, they come to work. They like it, you know, when you come into a business, and they see there are maybe three different family members that work in different parts of the business, because they all thought it was a great place to work. You know these kind of things that you see where somebody has got two of their friends that came in. And and when you see those kind of things happening, you realize that i'm not going to refer, You know, my best friend, to come work in the other department. If I think it's a bad place to work and it turned up.

00:40:35.430 --> 00:40:38.849 Damon Pistulka: That's That's one of those things that really shows up. So

00:40:39.180 --> 00:41:08.209 Damon Pistulka: yeah, you know. And this is like where it takes. You know, a lot of people. It takes, You know, a lot of people it takes, you know, folks like Damon, and things either way takes people like Lance. You know who are, you know business consultants to really help, and Lance actually has a comment. I think it says um reading it from ah from Dylan and forwarding her way. Thank you doing? Lenn says, Very cool. I agree. Thank you. I was introduced to a man who created a software, and he cited his objective score

00:41:08.220 --> 00:41:18.210 Employment Law Today: which could actually increase the value of the business. I was curious. If you have seen this scenario like an objective score of So that's something that you've come across, and you're a

00:41:18.220 --> 00:41:33.990 Damon Pistulka: There's a lot of people that have scores on different things in in how well your business is doing, and and it could in some cases definitely make a difference. If your buyer is aware of the kind of testing and and believes in the kind of testing that you're doing

00:41:34.110 --> 00:41:38.780 Damon Pistulka: that score itself. What we find is that

00:41:39.100 --> 00:41:46.140 Damon Pistulka: that is good for the buyers that know but a lot of buyers. Aren't going to understand that that specific thing.

00:41:46.190 --> 00:42:02.580 Damon Pistulka: Um! But if it's a good test that that software is doing a good job of doing it, you will see it in the performance of the business. You will feel it in. When you're talking to people, you will feel it in the way that customers are treated and buyers can certainly sense that.

00:42:02.590 --> 00:42:03.450 Yeah,

00:42:03.830 --> 00:42:16.890 Employment Law Today: yeah, you know, right absolutely. And there's there's an objective, you know, criteria. You can use It's also the subjective just the the the impression that people get when they're, you know. Um going to do a place.

00:42:16.900 --> 00:42:21.289 Employment Law Today: Pardon me to look around. Investigate this apartment with that. Get some water here,

00:42:21.300 --> 00:42:23.050 and

00:42:23.060 --> 00:42:49.979 Employment Law Today: but there's a feeling. Yeah, it's definitely i'm feeling, too. So you know, really about great great topic tonight. Um, we are close to our commercial break. So i'm gonna just jump to the early. Get some of what I've been talking on zoom and phone calls. I realized from about ten Am. This morning until uh show me for the show. So i'm gonna give on water. But what I will say is that um folks listening tonight? They're watching. I'm listening to one on one day,

00:42:49.990 --> 00:43:08.919 Employment Law Today: and our topic is, of course, unemployment considerations for business sale, where, I guess gave them to Stoka, and either way, when we come back we'll talk more about basic ways of philosophy, and how they distinguish themselves for the consulting firms, and how they do what they do. So stick around and lance. Thank you so much for your questions, and we'll be right back.

00:43:11.920 --> 00:43:28.489 www.TalkRadio.nyc: Everybody it's coming, Dean, and non-profit sector connector coming at you from my attic each week. You're on top radio and Ny. Z. I host the program in the lab That main focus non-profits in Congress We check every day and it's my focus to help them amplify their message and tell their stories.

00:43:28.500 --> 00:43:35.990 www.TalkRadio.nyc: Listen each week at ten A. And we stay at the time until eleven o'clock A. M. In some time right here on talk radio.

00:43:36.580 --> 00:43:51.990 www.TalkRadio.nyc: You may have many unanswered questions regarding your health. Are you looking to live a healthier lifestyle? Do you have a desire to learn more about mental health and an answer quality of life. Or do you just want to participate in self understanding and awareness?

00:43:52.000 --> 00:44:05.030 I'm. Frank R. Harrison, host of Frank about how many? Thursday I will tackle these questions and work to remind you tune in every Thursday. Five P. M. On talk radio, N Nyc. And I will be frank about how to advocate for all of us

00:44:11.090 --> 00:44:12.979 pulling all pet loggers

00:44:13.240 --> 00:44:29.120 on the professionals and animal lovers show. We believe the bond between animal lovers is incredibly strong. It mirrors that bond between pets and their owners. Through this program we come together to learn, educate, and advocate,

00:44:29.130 --> 00:44:35.020 join us, live every Wednesday at two zero P. M. At top radio, dot Nyc:

00:44:37.540 --> 00:44:46.780 this name to talk radio and Yc: at Ww: talk radio and Yc: now broadcasting twenty four hours a day.

00:45:07.790 --> 00:45:37.310 Employment Law Today: Welcome back folks to employment law today. I'm now your hydrated ah post-par and Sovereign climate love business law attorney, our guest may named Zulka. Um, I think the way it is kind of funny. I realize a lot of what I do. I do a lot of reading and writing and research as part of an attorney, but a lot of speaking um. And so today was one of the things. Just so. My voice is in good shape, though that's what a here we're good to know. Um and Damon, you know. My question to you is really just asking like

00:45:37.320 --> 00:46:01.379 Employment Law Today: how you doing it so much. By the way, so far, really great information. I appreciate your You know. You get the the thoughtfulness of your responses, and you know how we're covering this topic. And so it kind of rates to my next question, which is, How does exit your way? Work with business owners? We're looking to build and sell their business, and what methods or philosophy distinguish everything from You know other firms that provide a similar service.

00:46:02.540 --> 00:46:11.189 Damon Pistulka: All right. Well, that's a big question there, so i'll break it down into a few things.

00:46:11.200 --> 00:46:13.239 Damon Pistulka: First of all, you know

00:46:13.320 --> 00:46:21.510 Damon Pistulka: we So our mission is is, we know, if we help enough people, we'll have all the business that we ever want.

00:46:21.800 --> 00:46:39.160 Damon Pistulka: And so we focus. We start to really is to educate and inform business owners and executives on the kind of things that they should be doing to really build valuable and exitable businesses. Because if you're doing that,

00:46:39.170 --> 00:46:44.059 Damon Pistulka: the fundamentals of that will make sure that You're making more money today,

00:46:44.080 --> 00:46:56.709 Damon Pistulka: and they will be worth more when you're you're ready to do whatever I mean we. We all will deal with a business exit of some sort some day, Unfortunately, or fortunately,

00:46:56.720 --> 00:47:13.450 Damon Pistulka: however, you want to look at it, and the more we prepare and build these higher, valuable, high value exitable businesses the better off. We're going to be so educated and informant is where we really start, because that's

00:47:13.460 --> 00:47:32.700 Damon Pistulka: it allows it allows people to make informed decisions really, because, you know, when you're looking at something like the the sale of business, whether it's, I need to, you know, get some things done to prepare for the sale, or I. I have to increase the value before I sell, or I need to just sell my business.

00:47:33.070 --> 00:47:36.110 Damon Pistulka: These aren't things that people think about

00:47:36.120 --> 00:48:04.579 Damon Pistulka: every day, you know, specifically around growth. Maybe that's some, you know, because the growth and profitability growth that you people think about that. But when you think about the specific things that you need to prepare for sale, like the fact that if I have a business one size, my management team should look like this, and if I have a business that's another size, my management team should look much different, you know, and and in size of businesses i'll tell you a really good example about that and the size of businesses that we work with.

00:48:04.590 --> 00:48:21.700 Damon Pistulka: If they say I've got a million dollars in profit, and i'm going to sell into like a search fund buyer, which means that someone's going to have a Ceo that has backers behind them. Basically That's a search fund buyer. Well, my business just needs to have a really good management team, and

00:48:21.710 --> 00:48:42.719 Damon Pistulka: you have to have a a marketing and sales plan that's underway that they can walk into and then execute for the next, you know, twelve months, and they're going to learn and take over and build the next plans and move the business on after that. Well, if I've got a business that's got like five to ten plus million dollars in profitability

00:48:42.940 --> 00:48:55.769 Damon Pistulka: in order to really sell that to maximum value. I'm probably going to be selling into a bigger company, so I better have an executive management team that can develop and execute a five year growth strategy for that company without the owner's involvement.

00:48:55.980 --> 00:49:09.990 Damon Pistulka: And this is much different, because in the first case the owner can be the Ceo. That's just fine. In the second case, the bigger bigger business the owner needs to get out of the business really at a board levels. Do that? So you know

00:49:10.000 --> 00:49:23.659 Damon Pistulka: the the educating these people about these little intricacies that can make millions of dollars. A difference in the long-term value. They can extract from these businesses is really.

00:49:23.790 --> 00:49:27.089 Damon Pistulka: That's the kind of stuff that we want to educate and inform people about you.

00:49:27.100 --> 00:49:43.970 Damon Pistulka: Ah, because coming going down the road, I mean they can do it, or or we can help them, or whatever is the right thing. But you know we we want people to understand this Um. And and some of the some of the other things that we really are are quite honest with people, too, is that

00:49:43.990 --> 00:49:47.700 Damon Pistulka: you may have a very profitable business; that you're not going to be able to sell.

00:49:47.710 --> 00:49:51.529 Damon Pistulka: So don't waste your time trying to sell it,

00:49:51.760 --> 00:50:05.820 Damon Pistulka: you know, unless you really want to. But that's That's one of the things that we really work with business owners to go, hey? Maybe selling a business is not your best course going forward,

00:50:05.830 --> 00:50:27.289 Damon Pistulka: and that's right. And and Yeah, the strategy like in law firms big deal right. If if if if I have a law firm and it's it's the law firm said to stalk a law firm, and i'm the one with the relationship with the customers or I got. I've won some huge cases that people pay me gazillion bucks to go into their cases

00:50:27.300 --> 00:50:30.090 Damon Pistulka: without me. That law firm's not worse. Very much

00:50:30.100 --> 00:50:35.820 Damon Pistulka: right. So my best, my best long-term interest in that law, firm is, to,

00:50:36.340 --> 00:50:43.229 Damon Pistulka: you know, run it for as long as I feel like it. Extract as much money as I can, maybe

00:50:43.240 --> 00:50:58.939 Damon Pistulka: have it. So at the end I I give what clients that want to move to another firm. It's. Let that firm take over those clients. Pay me a little residual on it, and walk away. Don't, waste your time trying to sell the whole practice because you're gonna just get disappointed.

00:50:58.950 --> 00:51:06.659 Damon Pistulka: You know there's There's things that you can really help people to get them to their goals, because in the end

00:51:06.770 --> 00:51:12.290 Damon Pistulka: you know, it's about. What does that business owner want to do? What do they want to look like? What kind of legacy do they want to leave?

00:51:13.000 --> 00:51:23.200 Damon Pistulka: So we talk a lot about legacy, and we want to talk about business. Course it's. It's one of those things that you just you really have to to let them lead.

00:51:23.700 --> 00:51:26.490 Damon Pistulka: The strategy is led by their roles.

00:51:26.500 --> 00:51:33.010 Damon Pistulka: That's really what we we do in all of our work. And then, when you talk about

00:51:33.410 --> 00:51:39.390 Damon Pistulka: methods, philosophies, anything that really distinguishes from other people is

00:51:40.040 --> 00:51:50.529 Damon Pistulka: There's not very many, many people that combine the consulting and the business sales like we do, and and that's that's one of the distinguishing things. And

00:51:50.550 --> 00:52:05.109 Damon Pistulka: the fact that we've we've managed and actually ran a lot of of the businesses, the types of businesses that we help. We're hands on people when it comes to helping the businesses, our team, the people we work with. I mean, we we

00:52:05.120 --> 00:52:18.170 Damon Pistulka: We've been there and done that in a lot of cases, and and can really get people to the results faster. And that's you know that's? Why, when we talk about what we do, you know, we do what we do, and

00:52:18.180 --> 00:52:29.349 Damon Pistulka: eighteen to thirty-six months but we typically can quadruple the value of a company, and and and get and get people out for more than they thought they could.

00:52:29.660 --> 00:52:47.860 Damon Pistulka: Ah, it's It's a it's a matter of that goal, setting those goals with that with that owner, and executing the right things and getting them there. But we we focus on execution more than anything. I mean, strategy is good, and it helps us lead us, Give us the path. But if you can't execute right,

00:52:47.870 --> 00:52:50.219 Damon Pistulka: that's what really helps us get there

00:52:50.240 --> 00:52:55.289 Employment Law Today: right, and I think you know one good point you made there, too, is that you may have to be the bearer of.

00:52:55.300 --> 00:53:19.149 Damon Pistulka: Is that even bad? These are just different. Do you? Should we have to tell somebody that maybe they're not really fit for sale? They So what do you mean? I'm so profitable and well, maybe you wouldn't be if you like that. You are from degrees. They have something like that. Um, I think you know people need to hear that, and also just to hear, like the strategy combined with the execution. So and you know clearly, we can tell just from a show man. Maybe you know we just, you know, solid grasp on this whole

00:53:19.440 --> 00:53:37.889 Employment Law Today: um feel in this, you know this whole subject matter. So you know, really good good stuff, you know. I gotta say so far. I'm glad that we're having this show and having you on tonight. Um! And um, you know, just hearing about like how long. You know doing this, for as a time. Um! We are coming to

00:53:37.900 --> 00:53:42.709 Employment Law Today: almost at the three-minute mark. So I have to give my my guess like a two-minute

00:53:42.720 --> 00:54:01.539 Employment Law Today: sort of uninterrupted, you know, like you know. Tell us like, how would you meet you? Do you have any podcast or books for writing, So I'll even start that clock of early and say, you know, tell us how to reach you anything you want to share with us, and then i'll take us out in our trail. But for now Um, yeah, the floor is worse again. How how would you? What do I want to share with our audience today.

00:54:01.550 --> 00:54:10.860 Damon Pistulka: Well, you know what we've got a few things that we do. If If you get on our website exit or you're gonna find we do

00:54:10.880 --> 00:54:39.350 Damon Pistulka: live streams uh podcasts. We've got the faces of business live stream and podcasts that we do every Tuesday and Thursday We're going to be on it soon, Eric, um, and beyond that, and uh, where we where we're addressing uh business advisors and and owners talking about things that that really are topics, that that for business professionals. Hopefully. We'll we'll educate and entertain a little bit.

00:54:39.360 --> 00:55:09.319 Damon Pistulka: Um. I also do another show called the manufacturing E-commerce success series with the with the co-host Kurt Anderson to do those on Fridays. Um. And that really is focused around those industries and around the things that you can do to build more valuable businesses in in those industries. Um! And And then, too, if anybody wants to get a hold of me, they can just. They can find me on Linkedin Damon the Salco just like it. Uh says if they're watching the video now, or i'm i'm the only person with a name like this

00:55:09.330 --> 00:55:36.940 Damon Pistulka: in the world. So it's It's pretty easy to find me. And you know my email is Dame Damon at Xy Airway. Dot com so easy to get a hold of. And and yeah, we're we're passionate about. We do. We want you to have the information to make an informed decision. Just that's what we want you to have me to do. Ah have because there are, You know that that is, that is the basis of you doing and and achieving goals having the right information.

00:55:37.450 --> 00:56:06.559 Employment Law Today: Really, you know, I, We can see that the I think for sure. You gave your email website. You know your podcast. I'll look forward to being on your podcast on. I'll be about September twenty ninth. I'll check my calendar twice, but i'll look forward to being there. Um, and I also just to those who might be listening on the radio on this thing to the instant radio that um look up the team in Stoka as he as a Peter. I s as a Sam t u ul ka. I said no, if that really might be, maybe the same on spotify or a podcast

00:56:06.570 --> 00:56:29.219 Employment Law Today: Um, yes, you know really good to have that information name, and well, we are about grabbing up, and at the end I just want to take a moment once again to thank you, Damon, for being on the show tonight, you know. Great to have you on and for those out there listening. Um, you know, if you like that. You heard like the show By all means writing questions. We lance it. Thank you, Lance, for joining us as well,

00:56:29.230 --> 00:56:53.590 Employment Law Today: and if you like to show. Tell your friends, Tell your families, tell your clients tell, and to everyone, and then tune in Tuesday nights. Five Pm. Eastern standard time right here and talk me to Nyc and stay tuned for more great programming coming out within a few minutes. So once again, just want to say, Damon, it's a pleasure to have you on the show, and I look forward to seeing you again on the other end of the microphone in about a week and a half, and I wish you a wonderful evening.

00:56:53.780 --> 00:56:55.099 Damon Pistulka: Thank you. Heart.

00:56:55.110 --> 00:56:56.449 www.TalkRadio.nyc: Yeah, my pleasure.

download this episode of https://tabmaron.s3.amazonaws.com/talkinga/recordedshows/ELT/20220920-ELT-Employment Considerations For A Business Sale.mp3

SIGN UP FOR OUR NEWSLETTER