The SCORE, Issue 1, 2023

PROUD TO BE YOUR WINGMAN SINCE 2012

FBS Board of Directors

James Bitzonis Chairman

Roz Mallet Vice Chairman

Ed Lynn Secretary/Treasurer

Wray Hutchinson Chairman Emeritus

Jenny Beaudoin Director

Brian Carmody Director

Steve Grube Director Mark Jones Director

Bobby Pancake Director

Larry Podlogar Director

Christy Williams Executive Director

FBS Editorial Board

Rachel Jackson Editor-in-Chief rachelj@myfbsonline.org

Allison McCallum Communications Editor allisonm@myfbsonline.org

Jared Johnsen Communications Specialist jaredj@myfbsonline.org

Advertising Sales

Jeff Reynolds Director of Business Partner Relations jeffr@myfbsonline.org

678-797-5163

Christy Rowan Vendor Sales and Development Manager christyr@myfbsonline.org

678-439-2284

Design and Layout

Kristen Thomas

KT Graphic Design ktgraphicdesign@gmail.com

ON THE COVER

See You in Florida!

Jim Bitzonis FBS Chairman

I am really looking forward to our next FBS Summit in sunny Ponte Vedra, Florida, at the Sawgrass Marriott Golf Resort and Spa (and Beach Club) on April 17-20! I am hoping for a complete sell-out! Since we started combining more fun and relaxation with our regular business, everyone I have spoken to is very excited for April. We work hard and play hard, and we certainly need to RELAX more!

This year’s summit is being planned with your best working interests in mind. We will have presentations on the state of Buffalo Wild Wings® from COO John Bowie, CMO Tristan Meline and Supply Chain Vice President, Kevin O’Bryan. You will learn about the usual legal and political issues affecting our businesses and hear from your FBS Board of Directors. We will have our phenomenal vendor show as well and plenty of beer breaks! Be sure to mingle with your fellow franchisees and vendor partners.

As for your relaxing interests, you’re very close to the oceanfront Cabana Beach Club with miles of beautiful white sand beaches (and a beach bar), or you can hang by the resort pools and catch some necessary zzzz’s. The Sawgrass Spa is also top notch, so be sure to book that massage early!

When it is time for playing, we have you set up for a golf tourney at Dye’s Valley Championship Course at TPC Sawgrass. Registration may be closed by

now but please check. If you want to play the TPC Sawgrass course – Home of The Players Championship (extremely challenging) – on your own, please visit the course website to book a tee time.

This year, due to very popular demand, we will be bringing back our famous poker tournament, Casino Night! All franchisees on the books have a chance to win $10,000 while vendors and others compete for $5,000. We will also have some other fun surprises to keep you entertained.

So, I hope you’re signed up, and if not, do it now! Bring some of your team, too. I cannot wait to greet you soon!

Safe travels, Jim Bitzonis

BWW Blazin’ Challenge Left Contestants Fundraising for Milk

The Blazin' Challenge, hosted by BWW® franchise Patton Wings, left contestants with burning mouths and smiling children from the Boys and Girls Club of Greater Flint.

A twist on Buffalo Wild Wings® Corporate’s Blazin’ Challenge, contestants gathered at sports bar No. 3441 in Flint, Michigan, to see how many Carolina reaper wings they could consume within five minutes.

The B-Dubs also held a standard, commission-based fundraiser coinciding with the event. If guests mentioned the Boys and Girls Club via the event promotion flyer or word of mouth, the sports bar would donate 20% of the customer’s bill to the nonprofit.

Participants in the contest sponsored themselves by purchasing items to cool down their mouths in midst of the competition. They could buy beverages, like water or milk, or purchase dipping sauces, like blue cheese or ranch dressing, to relieve themselves from the heat.

All the event’s promotional marketing and outreach was done by the Boys and Girls Club with help from children from the club. The organization created event flyers, and the children helped to distribute them.

Casey Lester, the champion from the previous competition, went on to take home the win again by eating around 10 scorching wings.

This is not the only way that BWW Flint shows their support to this organization. They have catered wings to the club, donated clean, outdated unforms for the children to dress up in and sponsored golf tournaments benefiting the Boys and Girls Club.

“We try to be a resource for them in any way possible,” said Patton Wings District Manager, Krystle Tomaszewski. The event was a success with around $15,000 raised for the children. The event was regarded as fun and exciting, and the team at sports bar No. 3441 is always looking for ways to ramp up their events.

“The Boys and Girls Club is always so thankful and gracious,” said Tomaszewski. “I love the partnership we have with them and look forward to working more with them in the future.” S

Aspire 2B Spreads Holiday Cheer With $20,000 Worth of Toys

Santa Claus and the Grinch joined forces with Aspire 2B Hospitality Group to bring the underserved children of Lake Charles, Louisiana, an unforgettable holiday.

On Christmas Eve, Dec. 24, 2022, the staff of BWW® sports bar No. 3870 were escorted by local police officers to neighborhoods in need to deliver toys. With the help of the Grinch and Santa Claus, large moving vans full of gifts were handed out.

Through many toy drives throughout the company, Aspire 2B raised around $20,000 in toys. Half of that figure were monetary donations then used to purchase presents for the children.

“I want to implement this fundraiser

for all my sports bars,” Aspire 2B Business Coach, Michael Boyer, said. “Even better, I wish every single BWW had something like this.”

Boyer reported glee from volunteers and families alike. He said his staff loves donating time toward this event. The relief seen on parents’ faces when the gifts were being unloaded is what makes it all worth it to Boyer.

Always looking for ways to grow this event, Boyer hopes to fundraise more presents and touch more lives for next year’s toy drive.

“This is such an emotional fundraiser,” Boyer said. “Events like this make B-Dubs known for helping people in the community.” S

This year’s Blazin’ Challenge victor, Casey Lester.

A promotion Aspire 2B Hospitality Group Business Coach, Michael Boyer, used for the event’s marketing.

RSQ Foods Scores US Goalkeeper for FIFA World Cup Game

It’s not every day that someone gets to eat wings with a professional athlete, unless you are FBS Chairman and RSQ Foods CEO, Jim Bitzonis.

Bitzonis hosted the former goalkeeper for the U.S. Men’s Soccer Team, Tim Howard, to watch the Iran vs. U.S. game during the 2022 FIFA World Cup on Nov. 29, at sports bar No. 3405 in White Plains, New York.

“The sports bar had an electric atmosphere,” Bitzonis said. “You had to be there.”

The BWW® was full of roaring sports fans as they watched the match and met with Howard as he took pictures and signed autographs for fans.

Howard’s visit was arranged by Inspire Brands and Anheuser-Busch, and he was sent to Bitzonis’ sports bar due to it being in close proximity to him. Anheuser-Busch representatives were also present, handing out merchandise such as hats, scarves and jerseys.

The event brought great business to the White Plains Buffalo Wild Wings®, and the sports bar was full of morale while guests watched the U.S. claim victory over Iran.

“People were cheering and celebrating, and it was just a great time,” Bitzonis said. “There is no better place to be on game day than B-Dubs.” S

High 5 Hospitality Donates $2,500 to Local Veterans

In November 2022, BWW® franchise High 5 Hospitality (H5H) ran the first part of its yearly “Hops for Heroes” campaign. From Nov. 1-11, guests dining at a H5H restaurant could pre-purchase a Bud Light for a veteran to enjoy on Veteran’s Day. From Nov. 11-30, veterans could visit Buffalo Wild Wings® to redeem their Bud Light. As a result, over 2,000 beers were purchased to thank our veterans for their service. The sports bar with the most pre-purchased beer, with a total of 505 Bud Lights, was the B-Dubs in Salisbury, Maryland.

H5H tallied the number of unredeemed beers and donated the remaining money plus a little extra to the Air Mobility Command (AMC) Museum Foundation on Jan. 4. The

in its mission as an aviation and aerospace, education, scientific, cultural, historical and inspirational facility for the general public and the Air Force community. The AMC Museum is an official Air Force entity and is part of the Air Force Heritage System.

H5H has a close relationship with the military and Dover Air Force Base in particular. CEO Bobby Pancake and Director of HR & Marketing, Lori Ewald, currently serve as AMC civic leaders and members of the Honorary Commanders program.

“We can't thank our veterans enough for all the sacrifices they make for us,” Ewald said. “This donation allows the museum to continue to tell the stories of our military and maintain the great history behind them all.” S

AMC Museum Foundation is a nonprofit located on the Dover Air Force Base. Its purpose is to support the AMC Museum

FBS Chairman and RSQ Foods CEO, Jim Bitzonis, standing beside former goalkeeper for the U.S. Men’s Soccer Team, Tim Howard.

From left to right: Museum Deputy Director Eric Czerwinski, Museum Director John Taylor, H5H CEO Bobby Pancake, H5H Director of HR & Marketing, Lori Ewald, AMC Museum Foundation President, Bill Welser and AMCMF Treasurer Jim Schultz.

RECOGNITIONS

High 5 Hospitality (H5H) has an anniversary gift program that gives its employees a token of appreciation for each subsequent year of service to the company. Eleven employees were gifted with a customized BWW® varsity jacket with their names embroidered on it for surpassing nine years with the franchise. Each jacket was bestowed by CEO Bobby Pancake himself. Congratulations to the following staff:

• Joseph Cahall

• Megan Chesser

• Cassie Coffin

• Nick Connolly

• Allyson Hastings

• Joanie Landfried

• Alex Parker

• Flamont Rubin

• Terry Collins

• Shavetta White

• Clark Anderson

H5H also recognizes Gabrielle Noschese. She has been a team member at Buffalo Wild Wings Bear for almost five years. She also works full-time as a third-grade teacher. H5H recently donated socks, hats, a BWW gift certificate and books to each of her students. H5H is incredibly proud to have Noschese as a team member who serves their community in a special way. To show their appreciation and pride for her, H5H gave Noschese a $100 Amazon gift card, and Bobby Pancake presented her with a very well-deserved SERVE challenge coin. S

EVENT CALENDAR

FBS Summit

April 17-20, 2023

Marriott Resort Sawgrass Golf & Spa

Ponte Vedra, Florida

We want to highlight your company’s achievements (employee promotions, new hires, employee or restaurant anniversaries and sales records). To submit information for Recognitions, complete the online submission form at www.myfbsonline.org/submissions, email communications@myfbsonline.org or call 678-797-5161.

The celebrated staff standing alongside High 5 Hospitality CEO, Bobby Pancake, sporting their new jackets.

Thank you letters from Noschese’s students to High 5 Hospitality.

Bobby Pancake presents Noschese with a SERVE coin.

THE 2023 FBS ANNUAL SUMMIT

Welcomes High Roller, Molly Bloom!

Franchise Business Services (FBS) is thrilled to welcome Molly Bloom as our keynote speaker at this year's Annual Summit, April 17-20, in Ponte Vedra, Florida! Molly is an entrepreneur and bestselling author of “Molly’s Game” which was adapted into the award-winning film of the same name, directed by Aaron Sorkin.

Molly will share her playbook on success, derived from her experiences skiing for the U.S. Ski Team, running the largest poker games in the world, writing a bestselling memoir and making an Oscar-nominated movie. The lessons she learned on the way up were just as valuable on the way down. This time, she will use everything she learned to do something that matters.

Currently, Molly is focusing her energy on uplifting and mentoring other women after having been the mentee of amazing, dynamic women herself. In 2020, she launched the One World Group to support women facing various challenges, especially those exacerbated by the global pandemic. In 2022, she launched TORCHED, a new podcast about Olympic controversies.

The FBS Summit is your chance to meet Molly and learn from her experiences! FBS hopes to see you there. S

Jack Litman

The Munson Restaurant Group LLC

Number of restaurants: 7 States your restaurants operate in: New York & New Jersey

What inspired you to become a Buffalo Wild Wings® franchisee? Have you been a franchisee before?

Buffalo Wild Wings is by far the leader in the sports bar restaurant category. Having previously established myself in the fast-food business with Sonic Drive-in, I always admired Buffalo Wild Wings as a concept. Its ability to construct an atmosphere and product that has created a cult-like following attracted me to the concept. I am excited to see what Inspire Brands has in store for this legacy brand!

In your opinion, what stands out about the BWW® brand?

It’s first in class in the sport bar category. Also, the sauces! They have been copied by others but never executed as well as we do them at BWW.

What are some goals you have for your business in the short and long-term?

We are currently opening Buffalo Wild Wings GO locations throughout New York, Pennsylvania and New Jersey. We are also actively seeking traditional Buffalo Wild Wing sports bar acquisitions and new store development opportunities.

Describe your best recent business decision.

In our recent sports bar acquisition, we decided to maintain the previously existing operations team. The team has proven to be an integral part of the success of these stores over the past 15 years. It is tough to come into a new business and not want to

change most of what you see into “your way of doing things.”

Chief Operating Officer of The Munson Restaurant Group, Brian Anderson, runs a tight ship, and we plan to keep that ship running!

What do you feel is the biggest challenge currently facing franchisees?

The rising costs of new store builds, remodels and equipment will push brands and franchisees to be more creative with format design, real estate and non-traditional builds. We also need to ensure that we maximize volume by developing the best employees inside our organization.

What is the biggest industry change that you have seen since you started?

Vendors have more leverage with pricing and price increases than when I first started in the industry. As a result, our rates with utility, phone, trash, etc., have risen and can negatively impact the strength of our business. In addition, given supply chain constraints, equipment has lead times of sometimes over a year. These challenges can be very tough to navigate for franchisees, so I recommend leveraging the scale and expertise of your franchisor for guidance and insight.

What is your favorite BWW wing sauce? Medium. S

One topic: 10 facts

and What to Expect

E very year brings its own set off obstacles to overcome, goals to meet and trends to watch. 2022 brought a slew of unforeseen circumstances to you and your business, such as supply chain issues, inflation and supply shortages. Leave the guess work to us to predict the trends in 2023 that will keep you as a business owner on your toes and ready to tackle the new year.

1Now more than ever, consumers are purchasing items with sustainability in mind. Much so, a little over 75% of them have been attempting to buy more environmentally friendly products.

2 A company’s sustainable initiatives or actions toward a cause could build a loyal customer base. A whopping 88% of customers support companies that support social or environmental issues.

3 TikTok, a once up-and-coming social media platform, now has over one-billion active users. Marketing your business on TikTok may be in your best interest with over 84% of consumers admitting to buying a product after watching a video advertising its use.

4 Who are the people selling these products? Influencers. Franchise owners are aware of their low cost and influence in certain markets with 25% of small-business owners utilizing them for marketing campaigns.

5 Individuals in Generation Z are stepping up as active participants in the economy. With the oldest of this generation being 24 years old, they, now more than ever, have an influence on the economy.

6 A heavier reliance on automation is at the forefront of combatting the rising costs seen in 2022. It is predicted that 53% of tasks can be automated.

7 With automation comes artificial intelligence (AI). AI is becoming more advanced and will continue to develop as the need for human work decreases. Companies are already exploring this technology, as 25% of U.S. businesses are utilizing this, and 43% of those entities are exploring it.

8 As a business owner, you are one person trying to be in multiple places at once. It is key to have tools that allow you to monitor your business from afar to ensure your efforts are being put in the right place. Other entrepreneurs agree, and 19% of small businesses feel that investing in new technology is worth it.

9 Eighty percent of U.S. small businesses are not correctly utilizing advanced digital tools which can be detrimental to multiple parts of your business.

10 All-in-all, this is the year to build up your business or get it out of a rut. With 66% of small-business owners predicting revenue increases, 2023 is going to be a year of prosperity and growth!

*Note: This is a compilation of web articles strictly for engaging your thoughts, and FBS had no hand in making such predictions.

Sources: Small Business Currents, Melanie Edwards, Ken Marshall, Incfile, Forbes, IBM, Finances Online, Visual Objects, Business.com, Deloitte

Buffalo Wild Wings Foundation Gears Up for 2023 Team Up for Kids

The foundation had a very successful October Team Up for Kids Campaign. In 2022, we raised an outstanding amount of over $1.93 million. Many children were impacted by the grants that were distributed. Over $1.17 million were granted to 252 different youth-serving organizations last year. The Buffalo Wild Wings® Foundation also supported its national partner, Boys and Girls Club of America, with a $1 million donation. These funds support the ALL-STARS programs across the country.

The grant portal is currently open for 2023. Nominators

must make their nonprofit selection by March 31. The nonprofits will be funded as soon as they fill out the application.

The annual October Team Up for Kids Campaign provides a turnkey way for franchisees to support local youth nonprofits in their community. Thank you for all your support throughout the year.

Contact Catherine Stranberg at cstranberg@inspirebrands.com to learn more about the foundation and any questions regarding the nomination process. S

FUEL CHAMPIONS OF THE NEXT GENERATION.

TO LEARN HOW TO SUPPORT YOUR COMMUNITY CONTACT CATHERINE STRANBERG AT THE BUFFALO WILD WINGS FOUNDATION AT CSTRANBERG@INSPIREBRANDS.COM

Spotlight on the 118th Congress: Tom Emmer (R-MN-6)

QWhat skills or perspectives from your background do you apply as a public official?

ABefore coming to Congress, we ran a small law firm. The experience of owning and operating a small business has been invaluable to our work here on Capitol Hill. We understand the tight margins that small businesses work under and the stress that is put on the livelihoods of owners and employees alike. Running a business of that size is a difficult undertaking with serious challenges.

QWhat do you see as the current biggest threat to small-business owners?

AWe are deeply concerned about the Biden Administration’s regulatory landscape causing higher costs and more difficult working conditions for small-business owners and employees. For example, last session, we voted against the Protecting the Right to Organize (PRO) Act. This bill would have hamstrung all American franchises by preventing national brands from partnering with small businesses. In Minnesota alone, local franchise businesses create more than 143,000 jobs. We can’t afford to have these businesses grind to a halt. While this bill did not receive consideration in the Senate, it is a reminder of the regulatory threats on the horizon that small businesses face every day.

QWhat challenges have you helped small businesses in your district overcome?

AIn my home state of Minnesota, most of us bank with small credit unions and community banks that are uniquely threatened by ever-increasing regulatory burdens. Unlike larger institutions, they do not have access to substantial compliance budgets and were understandably concerned when Democrats proposed that financial institutions should report to the IRS about every transaction on accounts with inflows and outflows of over $600 per year.

This proposal would have made compliance massively difficult for community banks and credit unions, and we led a push with more than 200 Republicans urging Treasury Secretary Yellen to back down. We were proud to be successful, and thanks to our effort, these smaller institutions were saved from a serious issue.

QIn what ways are you seeking feedback from small businesses in your state/district and using that information in Washington, D.C.?

AHearing from stakeholders back home is hugely important — in fact, we are not doing our jobs if we aren’t in constant communication with small-business owners and employees. I have toured several small businesses in my district and appreciate seeing the flexibility and innovation of Main Street. We get our best ideas from you and stand ready to turn those ideas into legislative actions.

As Majority Whip, I look forward to hearing from small-business owners and franchisees across the country, as well as in Minnesota, on how policies impact their ability to innovate, create new jobs and grow their business.

QWhat seat do you believe franchisees have at the table and what do you do to support them?

AFranchisees are on the front line. We want to hear your insights and help you with your concerns. Legislators have a stake in seeing the communities they represent thrive and supporting your work is part of that. I will continue to support and advance legislation that empowers entrepreneurs, encourages economic growth, reduces burdensome regulations and improves access to resources and capital for entrepreneurs. Additionally, the upcoming expiration of the Tax Cuts and Jobs Act provisions will pose huge challenges for small businesses. We would love to extend these provisions.

QWhat message do you have for small-business owners struggling with supply chain issues, inflation, staffing and other prevalent issues of today’s day and age?

AThere is a new majority in the House of Representatives. Republicans were elected by small-business owners to deal with exactly these concerns. Combatting high inflation, supply chain delays and workforce challenges will take time. But the effort must, at the very least, involve some combination of reigning in runaway federal spending that has been fueling inflation and easing some of the regulatory burdens that have made hiring workers and acquiring products more difficult. S

LOOK LISTEN READ

Look, Listen, Read is a quarterly compilation of some of the most highly rated and reviewed apps, podcasts, books, websites and other resources. FBS does not support or endorse the use of these tools, which merely serve as a guide to exploring a new level of knowledge and productivity for your business.

1Synuma is a remarkable cloud-based platform that enables you to grow your entire multi-unit business from beginning to end and was built by industry pros like you, for you. The app will help you make better, quicker decisions to open units on time, on budget and reach projected revenues sooner.

2Recognized as one of the most iconic and impactful strategy books ever written, “Blue Ocean Strategy” argues that cutthroat competition results in nothing but a bloody red ocean of rivals fighting over a shrinking profit pool. Based on a study of 150 strategic moves (spanning more than 100 years across 30 industries), the authors argue that lasting success comes not from battling competitors but from creating “blue oceans” — untapped new market spaces ripe for growth. 3

In the “Franchise Euphoria” podcast you’ll discover how to design the right business plan for you and your business, avoid the most common and costly mistakes, manage growth and achieve your business goals and dreams. You will hear from leading franchise and business experts like John Lee Dumas, Michael Gerber, Joel Libava and Dan Miller.

4With the book “Franchisee Lifestyle: Your Future as a Franchisee Is Better Than You Think,” you can discover the path to success. Building a successful business is hard work. That, coupled with the low odds of coming out of your first year afloat, it’s easy to see why many people take the safe option of a regular paycheck. There is another way to ensure success in your business ventures through becoming a franchisee. With a franchise, you stand a better chance of success.

5The Domo Campaigns app allows you to build your own custom email campaigns, SMS messages or PDF and CSV attachments and send them out on a schedule set by you. Ensure your customer communications have a positive impact on your conversion rate by gathering data from your CRM and analytics systems in Domo.

6

In each bite-sized, daily episode of “Before Breakfast,” Laura Vanderkam will share a time management strategy or an answer to a listener’s schedule question. Vanderkam helps listeners make the most of their time both at work and at home. The mission is to give listeners practical tools to feel less busy and get more done.

7

Canva is your free photo editor and video editor in one graphic design app! Create stunning social media posts, videos, cards, flyers, photo collages and more. Make your business stand out with one-tap animations and fun music for Instagram stories and video collages.

8

Managers and professionals across the globe have embraced “Primal Leadership,” affirming the importance of emotionally intelligent leadership. Its influence has also reached well beyond the business world; the book and its ideas are now used routinely in universities, businesses, medical schools, professional training programs and professional coaches.

“Problem Solvers” with Jason Feifer features business owners and CEOs who went through a crippling business dilemma and came out on the other side bigger and stronger. Feifer discusses these stories as a means of helping others avoid the same pitfalls. S

9

CONSUMERBEH AVIOR Predicting the Unpredictable

by Jared Johnsen

Consumers are people, and that makes them unpredictable,” Forbes said.

Unpredictable does not even scratch the surface. With constant innovation made daily from competitors, trends appearing randomly from social media and small franchisors rapidly growing, consumers are constantly kept on their toes. How can businesses keep their slice of the pie in a tight market?

How can businesses hone these trends to funnel customers to Buffalo Wild Wings®?

Don Rheem, CEO of E3 Solutions and employee engagement expert, said it boils down to innate human desires.

“People are born with hard-wired needs,” Rheem said. “Our main need is to feel connected to others as social beings and to feel safe. Our brains make decisions based primarily on safety.”

Consumers are very fickle and can be deterred immediately from dining out at a specific restaurant if they don’t feel a sense

of security. For example, say a potential guest is hungry and is scouring the road for options to dine in. Doing so, a restaurant with half the lights on, a tattered exterior and outdated branding appears. Do you think the guest thought twice about dining there? Absolutely not.

The customer was not deterred by the exterior of restaurant alone. In the consumers mind, that restaurant was a can of worms ready to be opened.

“What if it is sketchy inside? I could get sick if I eat there!”

That is just one experience. If that same guest were to encounter multiple restaurants of that brand in the same condition, the consumer is now more likely to label that brand as undesirable and will be less likely to eat there.

“Meet the customer’s expectations every time,” BWW®

franchisee Ed Lynn said. “Understanding the consumer’s desires and wants helps provide them a better experience and product.”

Meeting these expectations are void if effort is allocated to the wrong area. Rheem stated many restauranteurs focus on customer satisfaction while not considering how they are engaged.

“There is a huge difference between customer satisfaction and customer engagement,” says Rheem, “and it is vital for frontline workers to be trained on that difference.”

hunger). Thus, cognitive dissonance creates a motivational drive in an individual to reduce the dissonance.”

In other words, if consumers have an inconsistent experience, they will feel a sense of discomfort. This feeling of uneasiness stems from the “lack of predictability and consistency in their interactions with the brand, and as a result, they never truly engage with in a trusting way,” says Rheem.

This discomfort has an easy fix, and it relates to how each employee contributes to customer engagement. If customers are properly engaged, provided consistent, excellent service and served fresh food, that will make your restaurant the obvious choice.

BWW franchisee Jenny Beaudoin has taken creative measures to engage her guests without them leaving the comfort of their home.

“What I have seen is that people do not want to go to sports bars to watch the game as much as they used to,” Beaudoin said. “Nowadays, you can stream any game from anywhere with your phone.”

“Good service is expected,” according to Rheem. “However, if an employee’s interactions are disingenuous, such as with scripted slogans like “thanks for asking” and a lack of eye contact, the experience feels less genuine and as a result, less safe.”

The importance of customer engagement lies with its malleability. Engaged customers can be influenced and are predictable, if accompanied with consistent, good service.

“An engaged customer will pay more for a preferred brand, drive past its competitors to get to it and is less deterred when negative situations arise,” Rheem said.

Customer engagement not only begins with the employee, but it is fueled by it. With the average restaurant employee tenure being just three months, new hires are often given quick scripts to learn and often have expedited training.

The employee is the liaison between a brand and the consumer. Managers taking the time to teach staff best practices and have them foster a relationship with the brand is crucial for not only engagement but for retention as well. This relationship is what Rheem refers to as “emotional Velcro.”

“Highly engaged employees make the customer experience. Disengaged employees break it,” said author and leadership development expert Timothy Clark.

Her solution? She pushed off-premises ordering and delivery with marketing tactics and promotions. Beaudoin bared fruit with her engagement tactic and adapted to current consumer trends.

The trends of the average consumer are sporadic, and sometimes, they can even have an unknown origin. However, staying updated with non-biased mediums and preparing your employees to properly engage customers are the best ways to keep any business ahead of the game. S

JARED JOHNSEN is the FBS communications specialist. You may reach Johnsen at 678-439-2291 or jaredj@myfbsonline.org.

A part of consumer engagement, Rheem noted, is to help the customer avoid cognitive dissonance.

The American Psychological Association defines cognitive dissonance as “an unpleasant psychological state resulting from inconsistency between two or more elements in a cognitive system. It is presumed to involve a state of heightened arousal and to have characteristics similar to physiological drives (e.g.,

“Our main need is to feel connected to others as social beings and to feel safe.”

– Don Rheem, CEO of E3 Solutions and employee engagement expert

“Highly engaged employees make the customer experience. Disengaged employees break it.”

– Timothy Clark, author and leadership development expert

Take Back Your Ratings

Yelp. Google. Open Table. Zagat. These platforms often instill fear in restaurant owners, managers and employees alike, as often they are leveraged as a threat by unhappy customers. Luckily, there are ways to use these sites to your advantage.

The goal to strive for at any restaurant or place of business should be for customers to want to go out of their way to write good reviews, not just bad ones. Getting to that point may not be as hard as you think. The first step is pivoting your approach and rethinking how you can use reviews to up your business. After all, they have the potential to be one of the best pieces of marketing that you don’t even have to pay for.

We have all been in that position of not knowing where to go for dinner. Step one is typically pulling out your phone and searching for restaurants in your area. Consumers are often inundated with so many options that it most likely comes down to a restaurant’s ratings when they’re deciding where they want to eat. It has been shown that 90% of consumers read reviews online before visiting a business; that means that they are getting a first impression before even stepping foot in your establishment.

According to a study by Modern Restaurant Management (MRM), bad reviews add up. After reading just one bad review,

by Allison McCallum

22% of customers said they will not patron a business. Once it increases to four bad reviews, 70% of customers will forgo that business and find another place. Four bad reviews are a very small number of experiences that can lead to revenue being lost indefinitely.

On the other hand, a study of consumer behavior performed by Michael Anderson and Jeremy Magruder, professors at the University of California, Berkeley, shows that positive reviews have a direct correlation with increased foot traffic. The study suggests even a rating boost of half a star on Yelp reduces available seating by 19% at peak lunch and dinner times. Positive reviews also impact the amount of money customers will spend at your business; the MRM study indicates that higher ratings lead to increased customer spending by 31%.

High 5 Hospitality (H5H) Multi-Unit Leader, Ting Ting Tiao, commented on ratings and their business, stating, “In general, ratings don't have an overall effect on our business because we consistently address both the good and the bad. We do, however, always ask customers to leave a review. We ask them to scan the QR code and take a survey, especially if we

know we've WOW-ed them or recovered the guest from a bad experience.”

So, if reviews have a quantifiable impact on your business, how do you increase your chances of customers writing positive reviews?

how we handle the negative situation is really the key to ensuring a guest returns for another opportunity to do right.”

Righting the wrong before guests leave is a great way to ensure that negative reviews aren’t written about your sports bar. It’s good practice to take steps to listen to the guest, communicate with the team about what went wrong and let them know how to do better in the future. A simple apology and ownership of the incident is often all it takes to deescalate the situation and prevent it from leaving a mark on your sports bar’s permanent record.

There are often times when employees are named directly in reviews, good or bad.

There has been a lot of discussion surrounding offering incentives for reviews. While this outwardly seems like a successful way to make customers leave a review for your restaurant, doing so could put your organization at risk for violating Federal Trade Commission (FTC) rules. The FTC advises that “if the gift or incentive could affect the weight or credibility readers give to [the reviewer’s] recommendation, then it should be disclosed.” This applies to coupons and other incentives that have little or no monetary value.

Google Maps also updated its policy on this, stating, “Contributions to Google Maps should reflect a genuine experience at a place or business. Fake engagement is not allowed and will be removed. This includes paying, incentivizing or encouraging the posting of content that does not represent a genuine experience.”

H5H abides by these rules, and Tiao stated, “We do not necessarily incentivize guests to leave reviews unless, we see a decrease in the number of reviews. We may provide some type of bounce back coupon, but it's not often.”

Rather than incentivizing guests, the H5H team is proactive in soliciting guests to leave reviews. By putting a QR code on every table that takes customers to the survey, they’re cutting out extra steps and making the process as easy as possible. We all know that consumers love convenience. If customers can post the review easily at the restaurant, the most difficult part of the process is taken care of before they even leave the building.

H5H also relies heavily on word-of-mouth reviews that spread around the community and bring people into their sports bar.

Tiao commented, “There have been many times when a positive review has provided us with Raving Fans and Guest Ambassadors of Buffalo Wild Wings®. These guests will share their experiences with others unsolicited, and this will bring other guests to our sports bars. This will create additional long-term revenue and more Raving Fans.”

While positive experiences can account for most of their guests’ time at their sports bars, there are instances when things go wrong, and customers are unsatisfied.

In that event, Tiao said, “We have had negative guest complaints where the guest has been so upset, they have vowed to never come back. This affects our business as a whole. We try to right every wrong situation. No one is perfect, and we realize

Tiao said, “We post all our positive reviews on our team member information boards. These team members will also be considered for a quarterly STAR that represents one of our five core principles. This will also get them nominated to be our Most Valuable Team Member. Our STARS program is a highly desired award.” Recognizing employees who go above and beyond ensures they continue to do so and shows them that their hard work is valued.

In the case an employee is named in a negative review, Tiao stated, “If the team member is named, we will sit down with them and coach them to identify ways to be better. Conversations mean we care. During our conversation, we outline specific actions to take in the future and then we document, so we have a plan to ensure exceptional experiences for all guests.”

With all these points in mind, franchisees, managers and team members need to stay mindful of the impacts of online reviews. When executed correctly, good reviews will have a measurable impact on your business. S

We ask them to scan the QR code and take a survey, especially if we know we've WOW-ed them or recovered the guest from a bad experience.”

– Ting Ting Tiao, High 5 Hospitality Multi-Unit Leader

Machine Work:

Machine Work:

Three Ways Artificial Intelligence is Impacting Business Productivity

Some people call this artificial intelligence, but the reality is this technology will enhance us. So instead of artificial intelligence, I think we’ll augment our intelligence.”

- Ginny Rometty,

American business executive

Artificial intelligence (AI) gets a bad rap in pop culture. For every fictional Jarvis or David, there are a half-dozen Skynets or Ultrons. In the real world, most workers believe artificial intelligence is something we’re still waiting on. But it’s already off and running in corporations around the world, though not necessarily in forms people tend to think of when they hear the term “artificial intelligence.” Some visionary authors call what we have “artificial stupids,” but whatever you call them, they can get the job done.

The job, in this case, is making human workers more productive by handing the reins for repetitive, dull tasks to silicon coworkers. I’m not talking about robots, and no one intends for these AIs to take over human jobs. These AIs consist

by Laura Stack

of increasingly sophisticated software to boost personal productivity at work, based primarily on machine learning culled from previous data.

Let’s look at a few ways AI has already begun to help out:

1 Forecasting. By assessing past data from your business or department and testing hundreds or thousands of models using your data, AIs can help forecast the outcomes of any potential decision or approach. It can also consider innovation, potential disruptions or supply-and-demand changes based on existing or potential conditions. This may sound more useful to manufacturers of widgets than to classic white-collar offices, but keep in mind that we still manufacture our own kinds of products for our end-users, whether they be white papers or computer programs. Besides, standard manufacturing firms

also have white-collar offices to handle the technology used in production and make predictions for next year, quarter and decade. Given the proper constraints, an AI can learn from its past errors, optimize its data based on what it has learned and move forward based on its new conclusions — 24/7. It can also use this information to develop algorithms to predict when maintenance and upgrades to its own system are needed.

2Security. These days, the only way to avoid data theft is to use computers completely cut off from the World Wide Web. That just doesn’t cut it if your business model requires an online presence. Even if it doesn’t, most white-collar businesses need dedicated access to the internet, so workers can more easily do their jobs and communicate with one another. Many businesses have some level of human security to protect their real assets and people, but increasingly, they also require a high level of cybersecurity to protect data, intellectual property and other intangible assets. AIs provide an unsleeping eye to safeguard all these by learning to recognize cyber-attacks based on algorithms developed after previous attacks, closely monitoring input from outside and shutting down access to sensitive files/systems as necessary. They can even help backtrack the attackers to their source to block further attacks. While script kiddies and other hackers remain a serious concern, with the proper AI cybersecurity, they aren’t as worrisome as they once were.

3Research and Personal Assistants. Digital assistants aren’t exactly new, but as AI has evolved in recent years, they’ve become much easier to use and more reliable. Now, with a few instructions, they can handle your email, keep your calendar in hand

and streamline other processes with simple suggestions. These are straightforward tasks evolved from Clippy and Microsoft Bob of the pre-Y2K era (look ’em up). But the most useful thing about these assistants is that they can sift through enormous masses of data with ease, allowing you to do the kind of research that might not have been possible a decade ago. Before search engines alone, research was a much more onerous task which could require months of library work and, in some cases, prohibitive levels of travel.

Being pure software, AIs not only don’t need time off, but they also can process basic data much faster than anything human. As a result, they can relieve us of a great deal of tedium and allow us to discover connections that help us develop or refine products and continue evolving our technology. The examples here are just a few ways AI can increase efficiency, and thus productivity, in the modern business world. Soon we’ll be seeing many others. S

LAURA STACK , MBA, CSP, CPAE is known as The Productivity Pro®. She is an award-winning keynote speaker, bestselling author and noted authority on personal productivity. For 30 years, she has given keynote speeches and workshops on increasing workplace productivity in high-stress environments. Stack has authored eight books, including the bestselling “What to Do When There’s Too Much to Do.” She is a past president of the National Speakers Association and a member of the exclusive Speaker Hall of Fame. To book Laura to speak at an upcoming meeting or event, contact her at www.TheProductivityPro.com.

THEDOWNSIDE OF SUCCESSTHEUPSIDE OF BOUNDARIES &

Success is important. Success is worth pursuing. Career success is often measured by title, authority, recognition and income.

Presidents are seen as more successful than vice presidents. Being in charge of 100 people is seen as more successful than being in charge of 10 people. Receiving a national award is seen as being more successful than recognition in your office. Making $250,000 a year is considered more successful than making $80,000 a year.

People invest an enormous amount of time and energy in working to be successful. It’s a good thing to be successful, to be seen as successful and to have the resources to do what you want in your life for yourself and other people.

THE DOWNSIDE OF SUCCESS

However, as you become more successful because of your well-honed talent and hard work, there are traps you can easily fall into.

by Dan Coughlin

TRAP ONE: PEOPLE STOP BEING HONEST WITH YOU.

When you’re 23 years old, six months into your new job, and you get drunk at a company party, the boss will call you in the next day and tell you to stop acting like a knucklehead, or you will be fired.

When you’re 45 years old, the COO of the company and you get drunk at every company party, perhaps no one will say a word to you because they don’t want to put their jobs on the line.

TRAP TWO: THE BOUNDARIES ON WHAT IS APPROPRIATE BEHAVIOR BECOME HAZIER.

As you keep pushing the envelope, and no one says anything to you, you start to think more and more obnoxious words and behavior are okay.

I have seen a senior executive in a room with several

associates, and the executive makes bizarre, perverse statements using very vulgar language. The associates just roll their eyes when the executive can’t see them. No one points out to the executive how ridiculous he or she is acting.

TRAP THREE: YOU IGNORE MULTIPLE WARNING SIGNS.

Even if no one tells you to change your words or your behaviors, there are almost always warning signs you could have picked up on. You can feel the next day that you said something or did something wrong. You can see it in people’s non-verbal cues. They are sending messages to you. You might lose a good employee or a good customer because of something you said or did.

When you are in this trap, you just continue on saying what you’ve been saying and doing what you’ve been doing without paying attention to any of the warning signs.

TRAP FOUR: YOU THINK YOUR TALENT AND SUCCESS JUSTIFY ALL KINDS OF BEHAVIOR.

If you ever hear yourself or hear other people saying things like, “His/her talent is so great that we can’t afford to ever lose him/her no matter what he/she does,” then WAKE UP. Those words are dangerous. They open the door to terrible thoughts and behaviors.

I know of people who are tremendously successful, but every single time they drink, they get very drunk. No matter how many times they must be carried home, they still put their career in danger because of their willingness to justify their drinking with their tremendous business talent.

Their big title or their big talent becomes a trap, until one day their behavior is so far over the line the company has no choice but to fire them or something worse happens.

THE UPSIDE OF BOUNDARIES

The way to avoid these traps is to truly value having boundaries in your life.

VALUE ONE OF BOUNDARIES: YOU CAN SEE WHEN IT’S TIME TO MAKE AN ADJUSTMENT.

If you have a sense of the standard of behavior you want to maintain, then it becomes clear when you are missing that mark. My hunch is most of us have made mistakes in what we have said or done at some point. I certainly know I have said and done things where it very quickly became clear I needed to adjust my future words and actions.

Pay attention to what is happening right around you or internally. Take those indicators seriously and make the necessary changes for your own sake. They might not hurt you today, but they will eventually catch up to you.

We must be able to see when it’s time to make an adjustment. It’s dangerous to kid ourselves that we’re always talking about somebody else’s wrong behaviors or wrong words. We must be honest with ourselves about what boundaries we want to live within in terms of our words and our actions, and then we need to make adjustments to get back within our clear boundaries.

VALUE TWO OF BOUNDARIES: WITHIN CLEARLY DEFINED BOUNDARIES, YOU HAVE TREMENDOUS FREEDOM.

Once you start to realize your boundaries, you start to realize how much freedom you have within those boundaries. In a democracy, you have tons of freedom to do and say what you want to do.

However, there are still laws that you have to operate within.

The same is true in our lives. When we know the boundaries we need to stay within, we realize that we’re still left with an enormous amount of freedom in terms of what we can choose to do or say. It’s when we ignore the boundaries that we start to lose our freedom.

VALUE THREE OF BOUNDARIES: YOU CAN SUSTAIN GREAT PERFORMANCE AND RESULTS FOR THE LONG TERM.

Boundaries truly don’t hold us back. They allow us to keep going strong for the long-term. Thomas Kinkade was like a volcanic eruption of talent. From 1987-2012, he produced an unbelievable number of great paintings. However, with no boundaries in place, he eventually lost his wife, his family, his work and his life by the age of 54.

VALUE FOUR OF BOUNDARIES: YOU CAN SLEEP BETTER AT NIGHT.

Operating within boundaries means you are acting with integrity. You are doing what you believe is the right thing to do. And that is the recipe for getting a good night’s sleep. Acting with integrity really is the best pillow. S

Since 1998, DAN COUGHLIN has worked with serious-minded leaders and executives to consistently deliver excellence. He provides executive coaching, leadership and executive development group coaching programs and seminars to improve leadership and management performance. His topics are personal effectiveness, interpersonal effectiveness, leadership, teamwork and management. Visit his free Business Performance Idea Center at www.thecoughlincompany.com.

WhileHelping Your Community HowtoSave Taxes for Your Business

The Work Opportunity Tax Credit (WOTC) is a unique program that benefits everyone involved. Businesses that hire qualified applicants receive a tax credit that offsets part of the first year’s wages for those individuals, and the employees receive enhanced job opportunities.

Here’s how it works:

If you hire employees from a targeted group (see list below), your business can receive a federal tax credit of 40% of the first $6,000 in wages paid to that individual within their first year of employment, as long as they work at least 400 hours.

While $2,400 is generally the highest tax credit available, up to $24,000 in wages can be taken into account for hiring certain qualified veterans. Even if the individual doesn’t work a full 400 hours, a partial 25% credit can be claimed if they worked at least 120 hours.

The WOTC is intended to promote the hiring of individuals who face employment obstacles because of poverty, disability, military service, long-term unemployment or criminal history. Here’s the official list of targeted groups:

• The formerly incarcerated or those previously convicted of a felony.

• Recipients of state assistance under part A of title IV of the Social Security Act (SSA).

• Veterans.

• Residents in areas designated as empowerment zones or rural renewal counties.

• Individuals referred to an employer following completion of a rehabilitation plan or program.

• Individuals whose families are recipients of supplemental nutrition assistance under the Food and Nutrition Act of 2008.

• Recipients of supplemental security income benefits under title XVI of the SSA.

• Individuals whose families are recipients of state assistance under part A of title IV of the SSA.

• Individuals experiencing long-term unemployment.

Employers of all sizes can claim the WOTC, including certain tax-exempt entities.

So why doesn’t everyone do this?

Certifying employees for the WOTC requires jumping through a few hoops. On or before the individual receives an employment offer, both the employer

and employee need to complete Form 8850. The employer has 28 days from the employee’s date of hire to submit the Form 8850 to the appropriate state’s WOTC office in order for the state to certify the employee’s status. This process can be a bit challenging in the midst of all the other onboarding tasks required for new hires.

That’s why many businesses outsource their WOTC program. A WOTC vendor can assist your employees in completing Form 8850 at the time of hire, submit forms to your state within the time restrictions and compile the certification results, ready for you to claim your tax credits at the end of the year. You get the benefits of tax credits without the stress of managing the program.

Don’t leave money on the table. Learn more about implementing a WOTC program for your organization today by contacting Marc Swearengin at mswearengin@mizecpas.com. You’ll be glad you did! S

Mize CPAs Inc. is a full-service accounting firm that has provided the Elevanta accounting and payroll solution since 2003.

contributed by Mize CPAs

When the Pasio Shines Trough

Iwas talking to an auto repair shop owner recently as I prepared to speak at a conference of independent auto repair shops. I was ready for a quick call focused on getting some specific material to include in my presentation. I was NOT prepared for how enthusiastic this shop owner is about auto repair. It was obvious through his words and vocal inflection that he is passionate about auto repair as well as passionate about his team.

After I hung up from our call, I found that I was passionate about his passion! I was charged up to get things done for MY clients. All from a 30-minute conversation about a potentially mundane subject like auto repair and maintenance. Well, things are as mundane or as exciting as we make them. This owner had obviously made the decision long ago that he was in an exciting business – it didn’t matter what anyone else thought. And it

by Dennis Snow

clearly works for him because the reason the conference organizers sent me his way is because his car counts and revenue are off the charts even compared to other, larger repair centers.

So how does his passion shine through?

How He Talks About His Customers

He clearly loves his customers. His repair center has a “whatever it takes” attitude toward making customers happy. He talked about “meeting customers where they are,” and trying as hard as possible to make things right for them. He spoke of one customer who was insistent on this repair center doing the job even though his broken-down car was several miles away and a

closer option would have been much cheaper. His trust was in THIS repair center.

How He Talks About His Employees

He clearly loves his 30 employees. He’s proud of the fact that he has four employees who have worked at the repair center for over 30 years, and he’s just as proud of his newer employees who bring new ideas to the operation. He spoke of how he thinks of his people as family, and while this can sometimes sound like a cliché, I could tell in this case it was genuine.

How He Talks About His Leadership Skills

He spoke honestly about a recent employee survey he conducted and how he was surprised by some of the results. There were areas of his performance he thought were strengths, but his people thought could be improved. He outlined to me exactly what he’s doing to make those improvements. I have no doubt he’s making great strides at this very moment.

How He Focuses o Continuous Improvement

While improvement has always been a focus for him, it went into overdrive when COVID-19 hit. Suddenly he had to worry about things like touchless car drop-offs, touchless pay options, etc. He worked with his team in coming up with no-touch car drop-offs via a podium set up in front of the center, ways to pick up and drop off cars at customer’s homes, no-touch pay options and other ways to delight customers and

keep them coming back even during a tough time. They’ve also instituted scheduling the next maintenance at the conclusion of the current service, much like a dentist office. That sure helps when it comes to predicting future revenue.

He also spoke about how he discusses best practices with other independent auto repair shops and industry experts so that he can keep moving forward. He even has a coach to keep him focused and hold him accountable.

I hope you can see why I was charged up after our call. Nothing about it was fake – his sincerity and passion were consistently on display throughout our call. My guess is that he could write a very good book about his business if he chose to, and that book could apply to just about any organization.

Here’s something to think about: If I were talking with you about your business, would your passion shine through in such a way that it would be contagious? S

Dennis Snow is a business author, speaker, and consultant who helps organizations develop world-class customer service. He is the author of two books, "Lessons From the Mouse: A Guide for Applying Disney World’s Secrets of Success to Your Organization, Your Career, and Your Life" (Snow & Associates), and “Unleashing Excellence: The Complete Guide to Ultimate Customer Service” (Wiley). Dennis can be reached at www.snowassociates.com or at 407-294-1855.

An Employee Broke a Law:

Now What? Now What?

To state the obvious: No matter how efficient your business, it requires people to function … and people make irresponsible decisions from time to time. This includes violating a law. What happens if one of your employees violates a law? Obviously, a lot will depend upon what law was (or might have been) broken and whether they were working when they did (or might have) done so. In addition, violation of a criminal law can have civil liability implications on top of reputational/adverse publicity impact on your business. Further complicating the situation is that you

and your managers/supervisors are unlikely to know all of the criminal and civil laws your employees might break. For example, even though I am a native Texan and visit family quite often, I only learned recently that in Texas, no matter who you are or what your job is, failure to report suspected child abuse is a crime (Texas Family Code, Section 261.109). Who knew? Based on my non-scientific survey over the last several months, not many Texans. While no single article can cover every potential situation, you can (and should) have an action plan in place that

by Douglas H. Duerr

will help guide your response when the worst happens: an employee commits a crime while working for you and your business. Once you learn of the alleged crime, either because you observed it, law enforcement comes to your business to investigate or you receive a complaint, what do you do?

STEP 1: While the nature of the alleged violation and the employee’s job are certainly relevant, it is normally

prudent to start from the notion that the employee should probably be suspended immediately, either with or without pay. When an employee is suspected or accused of having violated a law, whether criminal or civil, there may be a temptation to terminate immediately, particularly if there is an allegation the employee violated a law while performing his/her job duties, so as to avoid adverse publicity or impact on employee morale; however, doing so might not only result in the loss of an otherwise valuable employee, it could cause liability for discrimination, defamation or the like. In addition, if it turns out that the employee did not actually violate a law, there is the potential for adverse publicity or negative impact on the morale of co-workers because you “acted too hastily without all of the facts.” Initially suspending the employee allows time for gathering relevant information and considering what is necessary to protect co-workers, customers, vendors and the business in general.

This is not to say that taking some lesser action would not also be appropriate. For example, if the employee is not accused of a crime of violence, moral turpitude, etc., it may be appropriate to allow that individual back into the workplace, with or without any special limitations or restrictions. What is important is to take the time to consider the available facts and the potential for further harm by the accused. Additionally, some states have laws regarding employment decisions based solely on the fact of an arrest, and it will be important to ensure that you do not inadvertently run afoul of such a law by hasty action.

Note: If the employee is unable to report to work because s/he is in jail, you normally should, and can, apply the normal attendance policies so long as you do so consistently. That is, if an employee can normally take leave with little or no notice, then, even if calling from jail, the same privilege should be afforded to the jailed employee.

STEP 2: Investigate whether the employee did violate a law or engage in lessor conduct that should lead to corrective action, including termination. While, obviously, you will not be conducting a criminal investigation, you will need to have someone (or several) individuals

who are qualified to look into the facts, including interviewing the employee and any witnesses or liaising with government or other officials.

is obvious; however, if the employee is instead a cook with little or no access to customers, perhaps not. Likewise, if the employee is charged with DUI or some other offense involving a motor vehicle and has no driving duties, the lack of a job-relatedness connection is also obvious.

If there are criminal allegations/charges, the employee may be less willing to participate in the investigative process; however, while the conditions of parole usually prohibit a charged individual from communicating with the alleged victim(s), any potential co-defendants and any potential witnesses, there are seldom any other legal requirements prohibiting an employer from interviewing the employee to ascertain at least his/her version of events. (Note: if your business is a potential victim of a crime or the employee is accused of committing a crime as part of some conspiracy with the business, then the employee might in fact be prohibited from participating in your internal investigation.)

STEP 3: Once you have gathered the available, factual information, examine the nature of the employee’s job, the alleged violation(s) and the available facts. Is there a sufficient job-related connection between the alleged (or actual) violation of the law and the employee’s job duties, such that continued employment poses a sufficient risk of harm? For example, if the employee is a server and is charged with providing alcohol to an underage individual, the connection

Importantly, even in the absence of a clear job-related connection between the alleged violation of law and the employee’s job duties, there may be an incentive/temptation to avoid the continued employment of someone the community perceives as “undesirable” because of an alleged violation of law. While most individuals are employed “at will” and can thus be terminated for any lawful reason and could generally thus be terminated because of the adverse reaction of patrons or the community at large, such termination would create liability if it were discriminatory on an unlawful basis. For example, if an individual is accused of child molestation, does the community react more firmly when the accused is male whereas more willing to excuse (or await a final conviction) as a potential misunderstanding when the accused is female? Here, consistency on your part will be critical in avoiding claims of wrongful termination based on unlawful discrimination.

In considering whether to terminate an individual based on a violation of law, it is important to have a plan for interim measures to protect others and your business, to investigate the circumstances and then to set upon a final course of action. While you probably prefer not having to make any final decisions until after an employee has been proved to have violated the law or not, such is often not a realistic option as that could take months if not years. Because terminating an employee prior to a final adjudication (remember to be mindful of state law restrictions on taking actions based solely on an arrest) thus has risk of creating liability from claims of discrimination, defamation or the like, it is important to gather all the facts you can and take the time to reach a considered decision. S

DOUGLAS H. DUERR is a partner at Elarbee Thompson, a national labor and employment law firm with an industry practice area focused on franchisees. Learn more at www.elarbeethompson.com.

In considering whether to terminate an individual based on a violation of law, it is important to have a plan for interim measures to protect others and your business, to investigate the circumstances and then to set upon a final course of action.

Protecting Your Employees and Business Against Slips, Trips and Falls

contributed by Lockton Cos.

As the third most common type of occupational injury, slips, trips and falls are a leading cause of workers’ compensation claims for franchise employees. On average, these injuries account for 12 days of work missed for employees and are very costly to businesses. In fact, the average workers’ compensation claim for a slip, trip or fall costs $48,575, according to the National Safety Council.1

While workers’ compensation insurance can provide coverage to your employees in the event of a work-related injury or illness, it is important to be aware of common hazards and try to reduce the situations that cause these incidents.

Preventing Slips, Trips and Falls

As a business owner, you can take proactive steps to prevent your employees from experiencing a slip, trip or fall. Try these tips:

• Create a prevention program: Create a slip, trip and fall prevention program that includes regularly training employees, workplace inspections, accident response and reporting. Keep a list of housekeeping standards to list minimum safety requirements. Provide clear guidelines and responsibilities

for all staff members, including managers and employees. Include incident reporting protocol to ensure accidents will be thoroughly investigated and prevented in the future.

• Remove obstructions: Always clean up spills and wet spots. After the mess has been cleaned up, place a wet-floor sign to make others aware. Arrange or remove furniture so there is plenty of room for walking. Always clear your business’s parking lots and sidewalks of snow, ice or debris.

• Improve visibility: Ensure you have good lighting in place. Consider adding task lighting in dim work areas. Illuminate all parking lots, paths and walkways, too. Replace burned out bulbs promptly.

• Safety-proof: Add grab bars next to toilets. Ensure furniture is in good shape. Install non-slip, rubber mats or rugs around sinks, beverage stations and other accident-prone areas.

• Reduce human factors: Require employees to wear slip-resistant footwear during their shifts. Spread out repetitive tasks, such as food preparation, to various workers throughout the day. Require employees to take frequent breaks from repetitive activities.

Your business is responsible for providing a safe environment

for your employees. Your business can also be held liable for any incidents that occur on premises, so it is important to secure the right insurance coverage.

Protecting Your Franchise With Workers’ Compensation Coverage

With workers’ compensation insurance, injured workers can receive funds for their medical expenses and partial lost wages, in return for agreeing not to file a claim against the employer. Death benefits may also apply for cases where a work injury or illness leads to the death of an employee.

In cases where an injured employee does file a claim, workers’ compensation can also cover the costs to defend your business from the lawsuit.

Here’s what business owners need to know about workers’ compensation:

• Workers’ compensation insurance is required by law in almost every state.

• Salaried, hourly, exempt, non-exempt, part-time and full-time workers all need to be covered by workers’ compensation.

• Even some commission-only workers, contractors and subcontractors and paid family members of a business may need coverage, too.

• Workers’ compensation insurance is regulated at the state-level, meaning each state has its own requirements for benefits, coverage areas, coverage type and more. It’s important you have adequate insurance for all employees wherever your firm operates and to the extent each state’s guidelines require.

• You need to review your coverage regularly, including when you hire or expand, expand into a new state, change business categories or your state’s requirements change.

With a Workers’ Compensation policy from Lockton Affinity, you can get the coverage you need to meet state requirements and minimize the risks your business faces. Contact Lockton Affinity’s helpful representatives today at (844) 403-4947 or Elevanta@LocktonAffinity.com to learn more. S

Please note: The information provided by Lockton Affinity is for your consideration and should not be construed as legal advice.

1 “Workers' Compensation Costs.” NSC Injury Facts, National Safety Council, 26 Sept. 2022, https://injuryfacts.nsc.org/work/costs/workers-compensation-costs/.

The Elevanta Insurance Program is administered by Lockton Affinity, LLC d/b/a Lockton Affinity Insurance Brokers LLC in California #0795478. Coverage is subject to actual policy terms and conditions. Policy benefits are the sole responsibility of the issuing insurance company. Coverage may be provided by an excess/surplus lines insurer which is not licensed by or subject to the supervision of the insurance department of your state of residence. Policy coverage forms and rates may not be subject to regulation by the insurance department of your state of residence. Excess/Surplus lines insurers do not generally participate in state guaranty funds and therefore insureds are not protected by such funds in the event of the insurer’s insolvency. Elevanta will receive a royalty fee for the licensing of its name and trademarks as part of the insurance program offered to the extent permitted by applicable law.