Thursday, January 31, 2013
Using A Web Site To Start The Best Work At Home Business
There are many ways that webmasters are able to start the best work at home opportunities. Some use auction sites while others may use targeted advertising, some may stock their own products yet others may sell advertising space and so on. This is a look at the most popular method used by the top webmasters to make great income and have an amazing business on the net.
The plan uses two of the best methods available a theme-based web site and affiliate programs. What every webmaster needs in order to make money online is traffic and the best type of traffic is the most desired. Traffic refers to basically the visitors that come into the site, blog or whatever business model is in place. The best traffic is targeted, big in numbers and is not a one shot deal. The best place to get this traffic is from the major search engines because it supplies this exact traffic. This is why the best work at home businesses use theme-based web sites.
A theme based web site is the best business model because the search engines like them, this style of a web site if done properly does what search engines want, delivers information on a subject that their users are looking for. The search engines try to put the best web sites into the results and if one can create a great web site supplying tons of information on a theme than the search engines will send targeted traffic for free to the site. This presents a great opportunity to be able to make money from this targeted traffic that the search engines are sending.
There is of course a bit more to starting a theme-based web site as outlined above but those are the general facts of importance. A web site must first come up with a theme and then look into the theme and see how many people are using keyword terms to look for information on the theme. The more keywords which relate to the theme means the more demand and the higher number of searches for each term the better. The webmasters who have the best work at home business ideas spend time researching different themes to locate a niche which has the great demand on the Internet but also the least numbers of other web sites using the theme as their business model.
The theme-based web site needs to keep the goal of creating a huge and high quality web site with the intention of the site becoming a leading resource of information. If a web site is about Caribbean vacations than the webmasters wants to supply all the information in a high quality way on the theme for the visitors, as well the search engines will reward a quality site with great information on the theme so it works as both ways. The way in which the content is created is by looking at the keywords that search engine users are using in the search, isolating the best keywords to bring in profitable traffic and writing content using the keyword for the topic to deliver what search users would want to find when arriving at the page of the site.
The second part of this equation is finding the best ways to make money from this traffic and that is where affiliate programs come in. Affiliate programs allow webmasters an amazing way to locate great products and services to show their visitors. Affiliate programs make it easy to produce income from traffic because any webmaster can instantly place products and services targeted exactly to the visitors that are coming into a page of a web site. Affiliate programs pay a commission for any products or services sold from a web site and many webmasters make huge amounts of money through them. The object being to create the content on the best keyword for the theme and use the keyword as the topic to deliver the information a visitor would want. Then look for the best products and services visitors would be interested in through an affiliate program, recommend these products and services on the page and as visitors make purchases a commission will be made.
The theme-based web site and affiliate programs provide the best work at home business for many reasons. The theme-based web site can do well in the search engines and grab the best type of traffic available. The use of affiliate programs makes it possible to stock the site and the site's pages with all types of related high quality products and services visitors are interested in and convert into money. The affiliate program requires no costs, risks or extra work as webmasters are able to locate great products and services and present them to their visitors instantly. For anyone looking for a great home business then affiliate marketing using a theme-based web site should be the first place to start.
Graphology at Home-lesson 14g - the Letter M
M
• Imagine the letter ('m') that shows an arc curving under the body of the letter. It illustrates the performer, the speechmaker; the arc looks like an arm making a kind of gesture to the audience.
• When only two "tops" (humps) are made, the first represents the ego and the second the other person. When the first part is higher than the second is, we see the writer's ego as of more importance than the other person. He is probably proud and conceited.
• When the first part of the letter is lower than the second part, although the whole letter itself mounts toward the end, it shows ambition. The writer's ego is lower than the image he has of the other person. This indicates an inferiority complex, one that is dependent on others' opinions.
• Imagine the letter ('m') looped and large; loops are an attention-getting device. In addition, the blown-up size of this letter indicates vanity.
• Consider the capital letter ('M') that, although it has the 'opportunity' to show off its ego by making itself larger than the rest of the word, does not do so. This indicates a writer who is modest, simple, and retiring.
• Obviously a letter made in the form of a musical note, shows musical interest.
• When the starting stroke, instead of beginning from the left, starts from the right, as though the writer needed some extra flourish to communicate his thoughts, we see talkativeness and a good sense of humor here.
• Picture the ugly-looking letter, where the middle stroke descends sharply, showing materialism. Its ugly shape indicates vulgarity.
• Imagine the middle hump is lower than the other two. Since the second hump shows the social status of the writer, this form implies dissatisfaction with his social position or his job. People who feel this way tend to rely heavily on public opinion in deciding on a course of action.
• When the middle hump is highest of the three, this writer relies more on his own opinion than on that of others. Because the second hump is "climbing" above the first and third, we see an ambitious person who may step on others to attain his goal.
• Consider the letter ('m') written in a wavy fashion, without distinct shape. This shows changeability. A diplomat, who must often evade ticklish situations, might write in this manner.
• Picture the letter that is called a "thready connection." Making the proper upstrokes and downstrokes was too much trouble for this writer. He takes the easy way out and avoids them all. People who write like this usually find it difficult to make decisions and are prone to lapse into hysteria. Note: This thready M is not to be confused with the thready dying out of a word, which implies unwillingness to commit oneself-a subtle difference. (See Chapter 11, note 5.)
• Imagine the letter written in the garland form-- open at the top. The garland betokens a friendly, easygoing, kind individual, which does not conceal how he feels. Its round form shows warmth and softness.
• When the angle changes, we see a person who cannot decide whether he wants to live in the past, present, or future. When the writing shows only two changes in angle the indecision is not as severe as when the writing changes angles in three directions. Nevertheless, the writer is torn.
• Consider the small, crowded 'm.' Since the m represents so many social aspects of the individual, this letter indicates a narrow-minded person who chooses to crowd himself in. He is probably shy.
• The rounded letter ('m') shows someone with a heart of gold. Roundness implies softness, like a bouncing ball, whereas angularity implies hardness, sharpness, like the point of a knife.
• There are instances when it is a good idea to watch the writer while he writes. He may take his hand off the page and make a nearly conscious decision as to how the letter should be completed. If one goes over the letter without lifting the writing tool, one has to use what are called covering-up strokes-the upstroke and the downstroke share the same line. Covering-up strokes indicate that the writer is hiding something. It usually involves cheating in one manner or another, and hence the writer tries to show as little of himself as possible, avoiding separate up-strokes and downstrokes, since separate strokes would show more of his true personality than he wants to reveal.
• Picture strokes which are broken, although there is no doubt that the letter is an 'm.' Writing like this is found among frugal persons (as though they were saving by not filling in the entire letter) and among nervous people. The latter seem to need to lift the hand from the page, possibly because it trembles.
• Imagine the third hump is the highest of the three. Since the third hump depicts the writer's relationship with other people, this shows envy. He has placed others on a pedestal higher than himself and now begrudges the heights to which they have risen.
• Consider the end stroke going to the right and down. Since the normal, social thing would be to extend the final to the right; this downstroke betokens a pessimistic attitude. This writer sulks and probably suffers from depression. His writing is directed downward to reflect his feelings.
• Picture 'tacky elaboration.' This reflects exaggeration, because of the unnecessary strokes and surely, a lack of taste.
• Imagine the beginning stroke is hooked. A hook can reveal egotism, greed, and stubbornness. Here the hook represents ego, and because it points inward toward the first hump of the M, it shows selfishness.
• Consider the beginning stroke that is both large and flourished. Since the first part of the 'm' shows the ego, we see snootiness. The writer is trying to give an exaggerated image of his own worth. When used in an ungraceful manner like this, flourish strokes show false pretense and affectation.
• When the various humps are a uniform height, we see intelligence, good taste, and a generally amiable disposition. Its similarity to the block letter, which shows simplicity, implies intelligence, and good taste is shown by the very fact that the writer has chosen the simplest possible form. We read good disposition in the equal size of the humps-none distorts the others; social status, ego, and relationship to his fellowman are all in due proportion.
• The end downstroke may be significantly lighter than the rest of the letter. This writer has a mean streak in him. He cuts off his relationships with his fellowman (the shortened third hump). In addition, since the light downstroke heads in the direction of the lower (sexual) zone, he probably cannot enjoy marital relationships in the normal way. The combination of meanness and inability to enjoy normal sex hints that this writer is by nature a sadist. (See chapter 6.)
• Picture the end downstroke that is considerably more lightly written than the rest of the letter. If it continues into the lower zone, the area where the strength of the individual lies, it implies fatigue and weakness.
• The endstroke, which is written with heavy pressure, indicates brutality. There are two reasons for this: (1) all endstrokes show the writer's relationship to the other person, and (2) the third part of the m also shows this. Thus, this personality trait is emphasized.
• Imagine the endstroke that goes up into the upper zone and ends in a heavy dot. The upper zone indicates the imaginative and intellectual aspect of the writer, and the leftward tendency of the stroke reveals negativism about him. (Leftward tendencies often mean negativism and rightward tendencies positivism.) The heavy pressure of the dot shows materialism. Adding up these facts, we conclude that this writer engages in calculating flattery.
• Consider when the endstroke is hooked. A hook in general shows tenacity, and when it is found at the end of the 'm' (relationship to others), we see someone whose dealings are marked by stubbornness.
• Picture the endstroke that extends into the upper zone (spirituality, mysticism). When this endstroke is found at the last part of the 'm' (relationship with other people), we see one who couches his human relationships in religious terms.
About The Author:
Joel Engel is the author of "Handwriting Analysis Self-Taught" (Penguin Books)
http://careertest.ws
http://www.learngraphology.com
If you would like to view the images to this article, please send a blank email to engraph@netvision.net.il
You can find additional info at the following links:
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Weight Loss Tips for a Swimsuit Body
Spring is here and swimsuit weather is just around the corner. If you’re like many of us, you start panicking about all the weight you need to lose to fit into your favorite swimwear. Some need to lose 5 to 10 pounds of extra fat while others require 20 to 30 pounds, or more. Most of us know that to stay trim all year round would require an improvement in lifestyle. Easier said than done. “Yes but what do I do now?” you ask. Do you diet, exercise or both? Keep in mind that although weight loss through various diet methods may improve your appearance, it may not have a positive effect on your health. According to studies, repeated periods of weight loss followed by weight gain can be harmful to health. (1)
This is why it is very important to maintain a stable weight with proper eating and exercise habits year round. “Yes but I want to lose this weight now”, you say. Well, first of all you need to realize how you gained that extra weight. Unless you have a medical condition, you probably put it on by eating too much, not exercising enough or a combination of both. The bottom line is that you have been eating more calories than your body could burn over a period of time. This surplus of calories was stored in your body as fat.
What’s the best way to tackle this problem? You could hit the gym for some cardiovascular training, or work out right at home. Exercises that use large muscle groups such as jogging, cycling or aerobics are best for achieving quick weight loss. These high impact exercises, however, are more efficient for rapid weight loss in younger people, for a couple of reasons (there are always some exceptions). Let me explain. These exercises could help melt away pounds in a short time period for someone who is 25 years of age for example.
Once you surpass the age of forty, for example, you have to rely more on diet to complement exercise, for quicker weight loss. This is because a person’s metabolism slows down with age. A forty five year old performing the same exercise would actually burn fewer calories than someone 20 years younger. Furthermore, a person over forty (there are exceptions) could not train at a high intensity level for long durations as could a twenty five year old.
It doesn’t mean, however, that older people shouldn’t use high intensity exercise methods. If your doctor gives you the green light, then by all means go for it.
Older individuals need to rely more on calorie restriction than younger individuals. That’s not to say that younger people need only to rely on exercise for weight loss. Exercise for them ranks higher on the weight loss efficiency scale. They could often get away without reducing their caloric intake during periods of exercise and still lose weight quite easily. The older generation, however, must rely on a combination of adequate exercise participation and proper diet.
Unless you are extremely over weight you should eat ten times your weight in calories to maintain a particular weight. In other words to maintain a body weight of 140 pounds you would have to eat 1400 calories daily.
So, where do you start? Let’s begin with diet. The first thing you have to do is to cut back on your daily food intake. Then you need to replace the bad foods with the good. Use good carbohydrates at the expense of the bad. Good carbohydrates (carbs) are high in fiber and low in calorie contents. These include fruits, vegetables and whole grain products. Bad carbs are processed carbohydrates with most of the essential fiber stripped away and often replaced with fat. These include white bread, products made with white flour, processed fruits and vegetables and products containing sugar such as cakes, candy bars, etc. These foods along with fried foods are high in calorie and fat content and should be avoided or extremely reduced. Although good carbs are wiser food choices they should still be used in moderation, because calories still do count.
Is a high protein, high fat type diet effective for fast weight loss? The Atkins diet, although very controversial has maintained popularity. This and other similar diets, like the Zone and South Beach diets can cause initial weight loss – especially in very obese people. This weight loss is really water loss. The same is also true of every calorie restricted diet - regardless if it’s high in fat, low in fat, high in carbohydrates or whatever. The point is that they are based on low calorie content. Remember that this is all about input and output.
If you eat more calories than your body can burn you will gain weight. If you eat less calories than your body burns you will lose weight. It’s as simple as that. Your body turns all surplus calories into fat. That includes extra calories from fat, protein and carbohydrates. The key is to ensure that your daily caloric intake doesn’t exceed the amount required to maintain a desirable body weight.
At the same time, it is important that your diet includes a balance of all food groups including fat, carbohydrate and protein. Intakes of saturated and trans fats and bad carbohydrates should be avoided or reduced. Although unsaturated and non-hydrogenated fats are healthier choices, they should be used in moderation, because they are still fats and loaded with calories.
It’s important to keep in mind that while striving to attain weight loss, good health should not be compromised. Snack foods that induce further eating such as potato chips, salted nuts and chocolate should be avoided.
One diet method that is very effective is to cut your meals in half and add 2 extra meals (equivalent to half the quantity of your normal meal). Let me explain. Let’s say you normally take 3 meals a day each consisting of 1000 calories. You would cut those meals to half the content – which would now consist of 500 calories – and add 2 more meals also containing 500 calories each.
Let’s compare. Originally your 3 meals, each containing 1000 calories, would total 3000 calories a day. If you change that to 5 meals a day at 500 calories each, that would total 2500 calories. So in this example you would be saving 500 calories a day. This is a very easy and effective method to start implementing right away because you don’t really have to do any calculations. Just visualize what your normal meal would consist of and cut it in half. Then add 2 more similar meals. It’s that simple.
Increasing the daily number of meals also helps to make this transition easier. You would be eating less per meal but you wouldn’t have to wait as long for the next one. Furthermore, studies have shown that more frequent smaller meals increase the body’s metabolism. (2) And we all know how important an increase in metabolism is for weight loss.
An efficient weight loss system must include an adequate amount of physical activity – more so for people over 35. It seems that I’m picking on the older generations here. The reason why I keep bringing up the subject is because I’m talking from personal experience. I’m 37 years old and I know exactly how much more difficult it is to shed weight today as opposed to ten or fifteen years ago. In my twenties, whenever I noticed extra weight creeping in, I would start jogging 5-6 times a week for 30-45 minutes and within a few short weeks (sometimes 2 weeks) the extra weight was gone. It was that easy - and without any adjustment to food intake.
Today I would need a combination of exercise and proper dieting to reach that goal. And it would still take a longer period of time. How much should you be exercising? Well it depends how much weight you want to lose. By the way, besides weight loss, exercise participation results in many other health benefits. It improves flexibility, strengthens the musculoskeletal system, improves blood circulation and heart condition, just to name a few.
To start getting results in weight loss you should be exercising 5-6 days per week for 30-60 minutes at a comfortably vigorous intensity level. Once you lose the desired weight you can then tone it down to maintain the weight loss. For weight loss maintenance you can reduce it to 3-4 days a week, 30-45 minutes at the same level of intensity. Be sure, however, to get clearance from your doctor first.
Eat healthy, exercise, live a healthy lifestyle and have a great summer.
References:
1. http://www.newstarget.com, “Yo-Yo dieting weakens immune system”, retrieved 22 April 2005 from
2. University of Massachusetts Medical School, “People who eat smaller meals more often during the day are less likely to be obese”, retrieved 15 April 2005 from
Weight Loss Tips for a Swimsuit Body
Spring is here and swimsuit weather is just around the corner. If you’re like many of us, you start panicking about all the weight you need to lose to fit into your favorite swimwear. Some need to lose 5 to 10 pounds of extra fat while others require 20 to 30 pounds, or more. Most of us know that to stay trim all year round would require an improvement in lifestyle. Easier said than done. “Yes but what do I do now?” you ask. Do you diet, exercise or both? Keep in mind that although weight loss through various diet methods may improve your appearance, it may not have a positive effect on your health. According to studies, repeated periods of weight loss followed by weight gain can be harmful to health. (1)
This is why it is very important to maintain a stable weight with proper eating and exercise habits year round. “Yes but I want to lose this weight now”, you say. Well, first of all you need to realize how you gained that extra weight. Unless you have a medical condition, you probably put it on by eating too much, not exercising enough or a combination of both. The bottom line is that you have been eating more calories than your body could burn over a period of time. This surplus of calories was stored in your body as fat.
What’s the best way to tackle this problem? You could hit the gym for some cardiovascular training, or work out right at home. Exercises that use large muscle groups such as jogging, cycling or aerobics are best for achieving quick weight loss. These high impact exercises, however, are more efficient for rapid weight loss in younger people, for a couple of reasons (there are always some exceptions). Let me explain. These exercises could help melt away pounds in a short time period for someone who is 25 years of age for example.
Once you surpass the age of forty, for example, you have to rely more on diet to complement exercise, for quicker weight loss. This is because a person’s metabolism slows down with age. A forty five year old performing the same exercise would actually burn fewer calories than someone 20 years younger. Furthermore, a person over forty (there are exceptions) could not train at a high intensity level for long durations as could a twenty five year old.
It doesn’t mean, however, that older people shouldn’t use high intensity exercise methods. If your doctor gives you the green light, then by all means go for it.
Older individuals need to rely more on calorie restriction than younger individuals. That’s not to say that younger people need only to rely on exercise for weight loss. Exercise for them ranks higher on the weight loss efficiency scale. They could often get away without reducing their caloric intake during periods of exercise and still lose weight quite easily. The older generation, however, must rely on a combination of adequate exercise participation and proper diet.
Unless you are extremely over weight you should eat ten times your weight in calories to maintain a particular weight. In other words to maintain a body weight of 140 pounds you would have to eat 1400 calories daily.
So, where do you start? Let’s begin with diet. The first thing you have to do is to cut back on your daily food intake. Then you need to replace the bad foods with the good. Use good carbohydrates at the expense of the bad. Good carbohydrates (carbs) are high in fiber and low in calorie contents. These include fruits, vegetables and whole grain products. Bad carbs are processed carbohydrates with most of the essential fiber stripped away and often replaced with fat. These include white bread, products made with white flour, processed fruits and vegetables and products containing sugar such as cakes, candy bars, etc. These foods along with fried foods are high in calorie and fat content and should be avoided or extremely reduced. Although good carbs are wiser food choices they should still be used in moderation, because calories still do count.
Is a high protein, high fat type diet effective for fast weight loss? The Atkins diet, although very controversial has maintained popularity. This and other similar diets, like the Zone and South Beach diets can cause initial weight loss – especially in very obese people. This weight loss is really water loss. The same is also true of every calorie restricted diet - regardless if it’s high in fat, low in fat, high in carbohydrates or whatever. The point is that they are based on low calorie content. Remember that this is all about input and output.
If you eat more calories than your body can burn you will gain weight. If you eat less calories than your body burns you will lose weight. It’s as simple as that. Your body turns all surplus calories into fat. That includes extra calories from fat, protein and carbohydrates. The key is to ensure that your daily caloric intake doesn’t exceed the amount required to maintain a desirable body weight.
At the same time, it is important that your diet includes a balance of all food groups including fat, carbohydrate and protein. Intakes of saturated and trans fats and bad carbohydrates should be avoided or reduced. Although unsaturated and non-hydrogenated fats are healthier choices, they should be used in moderation, because they are still fats and loaded with calories.
It’s important to keep in mind that while striving to attain weight loss, good health should not be compromised. Snack foods that induce further eating such as potato chips, salted nuts and chocolate should be avoided.
One diet method that is very effective is to cut your meals in half and add 2 extra meals (equivalent to half the quantity of your normal meal). Let me explain. Let’s say you normally take 3 meals a day each consisting of 1000 calories. You would cut those meals to half the content – which would now consist of 500 calories – and add 2 more meals also containing 500 calories each.
Let’s compare. Originally your 3 meals, each containing 1000 calories, would total 3000 calories a day. If you change that to 5 meals a day at 500 calories each, that would total 2500 calories. So in this example you would be saving 500 calories a day. This is a very easy and effective method to start implementing right away because you don’t really have to do any calculations. Just visualize what your normal meal would consist of and cut it in half. Then add 2 more similar meals. It’s that simple.
Increasing the daily number of meals also helps to make this transition easier. You would be eating less per meal but you wouldn’t have to wait as long for the next one. Furthermore, studies have shown that more frequent smaller meals increase the body’s metabolism. (2) And we all know how important an increase in metabolism is for weight loss.
An efficient weight loss system must include an adequate amount of physical activity – more so for people over 35. It seems that I’m picking on the older generations here. The reason why I keep bringing up the subject is because I’m talking from personal experience. I’m 37 years old and I know exactly how much more difficult it is to shed weight today as opposed to ten or fifteen years ago. In my twenties, whenever I noticed extra weight creeping in, I would start jogging 5-6 times a week for 30-45 minutes and within a few short weeks (sometimes 2 weeks) the extra weight was gone. It was that easy - and without any adjustment to food intake.
Today I would need a combination of exercise and proper dieting to reach that goal. And it would still take a longer period of time. How much should you be exercising? Well it depends how much weight you want to lose. By the way, besides weight loss, exercise participation results in many other health benefits. It improves flexibility, strengthens the musculoskeletal system, improves blood circulation and heart condition, just to name a few.
To start getting results in weight loss you should be exercising 5-6 days per week for 30-60 minutes at a comfortably vigorous intensity level. Once you lose the desired weight you can then tone it down to maintain the weight loss. For weight loss maintenance you can reduce it to 3-4 days a week, 30-45 minutes at the same level of intensity. Be sure, however, to get clearance from your doctor first.
Eat healthy, exercise, live a healthy lifestyle and have a great summer.
References:
1. http://www.newstarget.com, “Yo-Yo dieting weakens immune system”, retrieved 22 April 2005 from
2. University of Massachusetts Medical School, “People who eat smaller meals more often during the day are less likely to be obese”, retrieved 15 April 2005 from
Does an employer need a reason to fire me?
Of all the legal concepts that impact the lives of average people, the concept of at-will employment is without a doubt the most misunderstood. In every state except Montana, employees are subject to the at-will employment rule. You need to fully comprehend that rule to understand the risk you run when you work for someone.
Let's start with some basis contract priciples. A contract is formed when there has been an offer by one party, and an acceptance of the terms of that offer by another party. When you are employed by someone else, you are subject to an employment contract.
This is the first concept most people don't understand. If you ask someone if they have an employment contract, they will invariably say no. Every employee has an employment contract. The contract may not be in writing, but it exists nonetheless. The employer offers to pay a set amount for a given service, and the employee accepts. That is a contract. So, if you are working, first understand that you have a contract.
As with any contract, there are terms to your employment agreement, both express and implied. The employer said you would work eight to five, get an hour off for lunch, have a great dental plan, and would be paid $4,500 per month. Those are "express" terms - those terms that are actually stated in the written or oral contract.
The "implied" terms are those that are a natural part of the contract, even if you never discussed them. No contract can cover every possible contingency, so many of the terms must be implied under a reasonableness standard. In the context of your employment agreement, even though you never discussed them when you were hired, it would be safe to say that the implied terms of the contract include such items as you will not be required to do anything illegal, that you will show up to work wearing clothes, and your employer will not pay you with old Confederate dollars from the Civil War. Like any contract, you and your employer are bound by the terms of the contract, both express and implied.
So, one day you show up at work wearing a fish tie, and your boss fires you for dressing inappropriately. You are of course outraged, because you have received nothing but complements regarding your fish tie, and your employer never told you about any anti-fish tie policy. So you run to an attorney screaming "wrongful termination." But what makes the termination "wrongful?" There is no State or Federal law guaranteeing the right to wear aquatic ties. Assuming the wearing of such ties is not required by your religious beliefs, your only possible cause of action is for breach of the employment contract. Therefore, you and your attorney must first determine what are the terms of your contract regarding termination. So, right now, pull out a piece of paper and write down all the express and implied terms of your employment contract regarding termination.
Your paper is blank, isn't it? Of all the people that call my office, 95% cannot list any terms of the contract that would prevent the employer from terminating them on a whim. Oh, they will tell me what the contract should say, or what they assumed it said, but rewriting contracts after the fact doesn't get you very far. They will say, "aren't they required to at least write me up or warn me or suspend me or something before they can fire me?" Well of course, what was I thinking? It's the "Duty To Warn Employees" law, located right after the statute requiring police officers to give you at least three warnings before they write you a speeding ticket. No, there is no statute requiring employers to warn employees prior to terminating them. Indeed, the law is exactly the opposite.
Here is the simple rule, and it may challenge your fundamental understanding of employment. If there is no agreement to the contrary, an employer does not need any reason to fire you. You can be fired on the complete whim of your employer. This is called "at-will" employment. Just as you are free to leave a job whenever you please, the employer can fire you whenever he, she or it pleases.
When I explain this to people, I often get stunned silence. It is so contrary to what they believe, they are certain I must be mistaken. For the person's entire working life, they had proceeded under the assumption that so long as they showed up at work and did a good job, they could not be fired. Having been fired for what they consider a trivial reason, they assumed there would be recourse through the courts. And there I am, taking away that cherished belief.
Under California law, an employment agreement that is not for a specific period of time is deemed to be at-will. In other words, if you have a one-year contract, then your employer must have "good cause" to fire you during that year. Also, some people have agreements that specifically provide that they can only be terminated for cause. These are usually people that belong to unions, government employees, teachers and others. But the vast majority of people are at-will employees.
"So how can you ever sue for wrongful termination?", you ask. Because the law also states that while you can be fired for no reason, you cannot be fired for a reason that violates public policy. The most obvious example of this is discrimination. An employer cannot fire an employee because of his or her race, gender, age, nationality, et cetera. And there are many other public policies. An employee can't be fired for serving on jury duty, or voting, or for trying to form a union, or for taking a leave under the Family Medical Leave Act (FMLA), or for filing a workers compensation claim. The list goes on and on.
Here are some real cases to illustrate the concept of at-will employment.
The Case of the Smoking Employee
Maria wanted to stop smoking, but smoking seemed to provide the only release from her hectic life. To anyone that gave her grief about her smoking, she would simply say, "I can smoke or use drugs, and as vices go, I guess I'd rather smoke." Maria worked in an office building where smoking was not permitted, so she could only smoke on her breaks and had to leave the building to do so. Most of her fellow smokers would congregate around the back door to smoke their cigarettes, but Maria preferred to sit in her car and listen to music on the car radio during her 15 minute breaks.
One day, as she had done dozens of times before, Maria was sitting in her car smoking a cigarette during a proper break. This time, however, the owner of the business happened to look out the window and saw Maria smoking in her car. For some crazy reason, and with no basis for jumping to such an absurd conclusion, the employer decided that Maria was smoking marijuana, and fired her the moment she returned from her break.
A clear case of "wrongful termination," correct? After all, Maria did absolutely nothing wrong, and there was no reason for the employer to fire her. That was what Maria and her attorneys thought, and at the subsequent trial, Maria proved beyond dispute that she had not been smoking marijuana, and therefore should not have been fired. The jury agreed and awarded her almost a year's worth of wages as damages. Good for Maria.
But that was not the final word. Although the jury found in her favor, the California Court of Appeal reversed the verdict, and she ended up with nothing. Why? Again, you must think in terms of the at-will rule. If an employer can fire you for no reason, then what difference does it make if the employer makes a mistake, or for that matter, simply makes up a reason? People have a real problem with this concept, because their logic is clouded by a concept of fairness. It seems horribly unfair that Maria was terminated for something she didn't do, but even if that is proven to be the case, the employer can just say, "so sorry we were wrong about that marijuana thing, but now you're fired because we don't like the way you comb your hair." The appeal court held that whether Maria was using marijuana or not was of no importance. Maria could be fired at the will of the employer, even if the reasons were based on a misunderstanding.
Nobody Likes a Snitch
Ron loved music, and could not believe his good fortune when he landed a job at a record company. It was an entry level job, but the "benefits" included meeting some of his favorite musicians, and even occasionally having lunch with them when they would take a break during a recording session.
To promote the company's music and artists, company employees in charge of promotion could simply sign out a hundred CDs or so and give them away to radio stations and record stores in order to promote new albums. Ron happened to notice that his supervisor was always helping himself to large quantities of CDs, but never seemed to use them for promotions. He soon found out why. It turned out that Ron's supervisor was making extra money by selling the promotional copies to record stores. Ron didn't know what to do. He did not want to report his supervisor, and for all he knew, this might be an unofficial perk. He eventually decided, however, that if this was illegal activity and he failed to report it, he would be viewed as an accomplice. So, without making a big deal of it, he mentioned to his supervisor's boss what was occurring.
It turned out that this practice was highly improper, and Ron's supervisor was immediately fired. And after thanking Ron for bringing this matter to the attention of the company, Ron was also fired. It was explained to Ron that while he had done the right thing, he had rendered himself unemployable. With his demonstrated lack of loyalty to his supervisor, no other supervisor would want to work with him. He was told that "nobody likes a snitch."
Ron cried "wrongful termination," and went in search of an attorney. Under the at-will rule, an employer can fire an employee for no reason, but not for a reason that violates public policy. For example, an employer cannot fire someone on the basis of race, because that would violate the public policy against discrimination. Similarly, there is a "whistle-blower" exception that holds that it is against public policy to fire an employee for reporting wrongdoing to a regulatory agency. If employees could be fired, for example, for reporting a safety violation, then employees would be far less likely to report such violations. So, Ron found an attorney that was willing to pursue his case under the whistle-blower exception to the at-will rule. Years later and after spending a large amount of money on court costs, Ron's case against the music company failed. Do you need to hear it again? Absent a contract to the contrary, the employer can fire you for any reason whatsoever, or for no reason at all. If the employer wants to fire you for ratting on your boss, that is perfectly legal. The court held that Ron's case did not fall within the whistle-blower exception. The whistle-blower exception is designed to keep employers from retaliating against employees that report illegal conduct. For example, if an aircraft mechanic knows that the company is lying to the FAA about repairs, we as a society want him to feel free to report that fact without fear that he will be terminated as a result. At one time the courts required that the employee be an actual whistle-blower. In other words, the case would be dismissed unless the employee could show that he was terminated only after he had reported the wrongful conduct to some regulatory agency. That rule has been modified somewhat, and now a case will survive if the employee can show that he was terminated because the company believed the employee was about to report the wrongful conduct. But in Ron's case, neither rule would provide him relief. The company was not doing anything illegal; the company was the victim. There is no public policy designed to encourage employees to report internal squabbles, so the termination was not a violation of public policy. The court held that Ron was not entitled to any protection for reporting a theft within the company.
The Freedom to Speak Your Mind
"It's a hobby. Some people like to play musical instruments or collect stamps; I like to write." That is how Sharon explained her passion for publishing her blog on the Internet. In the olden days (about five years ago) people were content to write their daily musings in a personal journal, seen by no one except close friends and trespassers. With the advent of the Internet, there has inexplicably come the desire to publish even the most mundane thoughts for all the world to see.
In Sharon's case, her weblog, commonly known as a "blog", was a daily report of her life, which included what was going on at work. It was not at all mean-spirited, but if she felt someone had acted unfairly at work, she might elect to report that fact in her blog. Even then, however, in order to avoid embarrassing the people she discussed, she never mentioned anyone by name.
It didn't take too long until word of her blog spread through her workplace, and it took even less time for one of her supervisors to take offense at something Sharon had written. When Sharon showed up for work the next day, she was fired on the spot.
"Now wait a second," you say, "that is a violation of her First Amendment right to free speech." An employer does not need a reason to fire an employee, but the reason cannot violate public policy. Surely this violates her right to free speech, the most fundamental and sacrosanct of all public policies in America. Not only that, but Sharon was fired for something she was doing on her own time. That can't possibly be legal, right?
We'll take them in turn. Since Sharon was just speaking her mind, was her termination a violation of her right to free speech? The First Amendment states that "Congress shall make no law . . . abridging the freedom of speech." Contrary to another popularly held misconception, the right to free speech only protects you from intrusion by the government, not by individuals or companies. The First Amendment does not prevent a private employer from limiting what you can say. Sorry Sharon, you have the absolute right to speak your mind, but your employer doesn't have to put up with it.
How about the fact that Sharon did this on her own time? Can an employer seek to control what an employee does on his or her own time? Most employees will scream, "what I do on my own time is my own business", but that is not true. To use an extreme example to illustrate the point, assume that an employer found out that one of its employees was burglarizing homes on the weekend. Few would argue that the employer is somehow required to keep a burglar on the payroll. (Some will cry "innocent until proven guilty", but again, only the government must treat you as innocent until proven guilty.) It is not in and of itself a violation of public policy to fire someone for what they do on their own time. The issue of whether an employer can dictate what an employee does on his own time recently made big news when a large company announced that it would terminate any employees that tested positive for tobacco use. In other words, smoke at work, smoke at home, smoke anywhere and you lose your job. The vast majority of water cooler lawyers opined that the courts would shoot this down as a complete infringement of personal privacy and freedom, but they were wrong.
Since an employer can fire you for any reason that does not violate public policy, that includes things you do off duty, including smoking, eating fatty foods or listening to Kenny G (which most people would consider just cause for termination in any event). The only time an employer cannot fire an employee for what he does on his own time is when such a limitation would itself create a violation of public policy. For example, terminating an employee because he voted on his own time is a violation of public policy because that would be an interference with the right to vote. There are also specific statutory protections for what you do on your own time. For instance, if you decide to contact other employees about forming a labor union, that is a protected activity and cannot result in your termination even though the employer may be opposed to formation of a union. However, absent a statute or a public policy, your employer can absolutely fire you for things you do on your own time. If your employer finds it strange that you collect salt and pepper shakers, the axe can fall. In Sharon's case, there was no protection for the musings in her blog. Posting negative comments about her employer was not deemed to be such a fundamental right that the termination violated public policy.
I know as people, especially attorneys, read these examples, they will recall a case they once read, or a story they were told, wherein people under similar circumstances did successfully sue for wrongful termination. Usually this is because while the cases sound similar, there was a crucial fact in one case that was not present in the other.
For example, I just told you the story of Sharon, and how she could do nothing about being fired for what she wrote in her blog about a supervisor. Nonetheless, I obtained a sizeable settlement for two women that were fired for what they said about a supervisor. The difference was, in the case of these two women the company was trying to evaluate the supervisor, and told the employees that they would not be fired if they said bad things about her. They said bad things about her, so she fired them. There is an equitable principle called promissory estoppel. It basically holds that if you make a promise to someone, knowing they will rely on that representation, you can be held to that promise. I successfully sued the company on the basis that the employees had relied on the "no termination" promise to their detriment, and had to be compensated. Don't be falsely encouraged by friends and family that are certain someone under the same circumstances recovered a bazillion dollars, unless you can be certain the facts were identical.
Now that you understand at-will employment, you can at least be aware of the level of job insecurity you face when you work for someone else. And in the event you are fired, you can better discuss with your attorney what public policy might have been violated by your termination.
Aaron Morris is a Partner with the law firm of Morris & Stone, LLP, located in Santa Ana, Orange County, California. He can be reached at (714) 954-0700, or amorris@toplawfirm.com. The practice areas of Morris & Stone include employment law (wrongful termination, sexual harassment, wage/overtime claims), business litigation (breach of contract, trade secret, partnership dissolution, unfair business practices, etc.), real estate and construction disputes, first amendment law, Internet law, discrimination claims, defamation suits, and legal malpractice.
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Exercise: Why You Should Do It
Hundreds of Thousands of Americans spend millions of dollars each year on diet pills, "magical" exercise devices, and misrepresented health and fitness products, when in all actuality a good set of dumbbells and a brisk walk may be all you need to get in better shape than you've ever been in.
What can you do with nothing but a set of dumbbells, you ask? Provide resistance to your body's movements - also known as weight lifting. That's all weight lifting is - resistance. The terms "weight lifting" and "resistance training" have become one in the same because they are describing the same activity - moving your body under more resistance than it normally has to handle.
In fact, you've just stumbled upon the basic secret of exercise in general! Whether you are talking about resistance training, Pilates, Yoga, cardiovascular activities, or any other form of exercise, all of these programs have one thing in common - performing more activity than you would get sitting on the couch. WHY should you exercise, though?
How about defying the aging process for starters? Do you know that the primary reason why elderly people end up in nursing homes is because they lose the ability to think and move on their own? Do you also know that the entire process of thinking and moving on our own happens because we do it every day? Until we retire, that is. Once we don't have to go to work anymore, or deal with scheduling and lifestyle issues, suddenly the only thing that we have to think about is whether to watch game shows or soap operas all day long, and the only exercise we get is deftly flying our fingers over the remote control.
Mush. That's what our brains and bodies turn into when we stop using them. Think you are still sharp as a tack, and at the height of your game? Try to say the alphabet backwards in 30 seconds or less.
YesÂ…. sharp indeed.
What about physically? Think that you can still hold your own even though you don't really exercise much? Stop reading this article and drop down on the floor for some correct-form push-ups. Did you do at least 30 if you are female, or at least 40 if you are male? No? How about 20 or 25? 15? Unless you pulled off 30 or 40, you are probably at less than the 50 percentile mark for your gender - health conditions notwithstanding.
Okay, so you've determined that you aren't exactly Olympic athlete material. So what? You don't even like sports, let alone being very good at them. That's fine, and there is nothing wrong with that. So what about fat? Do you like bodyfat? Do you find it physically appealing? Do you think it's healthy? If so, we're done speaking. Go on about your business, and thanks for reading this far.
For everyone else, here is a newsflash: In America today - the year 2004 - obesity related health conditions account for more deaths in the United States each year than all known forms of cancer COMBINED. Heart Disease alone is the number one killer of American adults, and it is a PREVENTABLE CONDITION!
How about self-esteem? 64% of Americans are overweight. That is almost two-thirds of the population. If you think that a figure like that and the skyrocketing sales of prescription anti-depressants aren't related, you now have a second opportunity to stop reading this article and continue on with your day.
What Separates Work At Home Success Stories From Failed Ones?
If you want to be one of the ones with work at home success stories then you have to master certain areas. Making money from home is not a simple routine, it is an intricate one. It requires learning many different processes from site design all the way to online marketing. Just thinking of a business concept and putting it on the net is never sufficient. A site has to deal with ways to gain traffic as well as be able and sell to the traffic it acquires. The best online marketers who make great income now and grasp all the elements that are involved.
Most probably see all the work at home success stories as they search the net. Page after page of some never before released to the public program that runs on autopilot all the while adding tons of money to your banking account. Just pay the fees each month and benefit the limited time offer because the price doubles in 23 hours. These are not success stories, they are scams praying on the desperate. Do not become one of the money who just keeps hopping from empty promise to another empty promise.
Learn from the real work at home success stories. The people who know what they are doing and learned how to really make money with a sound business. In order to make money with an online business you are going to have to learn basic site design, search engine optimization for on and off page techniques, web promotion, web marketing, content writing, basic HTML coding and how to sell and keyword research. These are all the areas, which need to be learned and mastered before even thinking about making money.
These can all be learned and rather swiftly for anyone who is serious. Believe me, all the best online marketers know everything about the above. They also know how to work independently while achieving their goals. A business is filled with daily goals that must be reached in order to grow the business. In order to make more money online you have to increase the traffic to the site and maximize the sales being made on visitors. Maximizing profits is the goal of any business, and it takes work. A business will never grow on its own and the goal's webmasters always are working towards is increasing traffic and sales.
If you want to be one of the work at home success stories then you will have to spend the time. All those who are able to work from home spent time learning and not hoping some new software would do it for them. They all share the common attributes of wanting to work at home and following through with their goals to do so. They put in the work and continue to do so. The reason they prospered is because they knew what they wanted, and they work towards it. The process is a journey and a slow one in the beginning, but it must be done in order to have a real home business that makes money.