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Douglas Battista on Just Cause

Just cause isn’t always an easy thing to prove, says Douglas Battista. However, there are a few guidelines that can help justify a termination or strong disciplinary action. This is vital when dealing with high-level staff or those protected by legally binding employment agreements.

Battista opens up about the seven factors in today’s brief QA.

Q: What is just cause?

Douglas Battista: Just cause is the standard by which employees are terminated. It is typically a clause in collective employment agreements, such as union contracts. However, there are useful guidelines relating to just cause even when dealing with non-unionized employees and those in at-will employment states.

Q: What are the seven criteria?

Douglas Battista: When a person is terminated, the HR department is often tasked with determining that: (1) the employee understood the violated policy, (2) this policy was reasonable, (3) the fireable offense was investigated, (4) this investigation was conducted fairly, (5) there was unquestionable evidence of the wrongdoing, (6) the company’s policies were applied consistently, and (7) the discipline was warranted by the actions.

Q: Do these factors apply to employees in “at-will” circumstances?

Douglas Battista: To some degree, yes. While at-will employees may be terminated without explanation, if it suspected that this termination was triggered by an illegal reason, such as racism or other protected category, then the firing party may need to show just cause to avoid legal action.

Q: Should all companies include just cause verbiage in their employee contracts, offers, and manuals?

Douglas Battista: Not necessarily. However, it’s a good idea to consider these factors as a matter of routine when making decisions that would result in strong disciplinary action against an employee.

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Douglas Battista: Fear and Loathing on Wall Street

The Fear Gauge is a tool used by market watchers to help guide their investment strategies. But is it really all that important? Yes and no, says Douglas Battista.

According to Douglas Battista, the Fear Gauge, which is officially known as the CBOE Market Volatility Index (VIX), is a measure of potential performance. But only for the short-term future. It’s a number assigned based on stock market activity and expected behaviors. It is measured by calculating the amount of movement major stocks may experience in the future month.

The VIX takes into account forward-looking data in regards to potential stock puts and calls, selling and buying activity respectively. Douglas Battista notes that, since stocks are driven by anticipated future profits, the VIX is more or less a gauge of uncertainty.

During times of economic prosperity, the VIX hangs out between 10% and 20%. That correlates to the S&P500’s average volatility of 20%. In good times, the number slowly goes down and everyone assumes they’ll make money. But when things start to get shaky, the VIX makes a sharp upward swing. Douglas Battista uses the 2008 financial crisis as an example. In 2007, the VIX bounced around slightly, clustering between 15% and 30%. When the market starting looking weak, the VIX jumped to more than 80% seemingly overnight. This sudden movement is why it strikes fear into financial experts.

But is it accurate and usable when formulating an investment plan? Not on its own, says Douglas Battista, and not as a long-term indicator of market grown or decline. Battista affirms that the VIX is helpful in understanding short-term uncertainty but wise investors know that wealth is not accumulated in 30 days. They use a host of tools, indicators, and experience to make the best decision and then hope for the best.

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Douglas Battista: What Happens When Interest Rates Fall?

There are numerous factors that affect stock market prices, both at an individual level and across the board. According to Douglas Batista, when the Federal Reserve makes a change to the current interest-rate, the entire market is affected.

So what, exactly, happens when the interest-rate decreases? According to Douglas Batista, investors and economists view decreased interest rates as a catalyst for growth. This is exactly the effect it was intended to have. The federal funds rate, which is the percentage the government charges private banking institutions to borrow money, is altered according to the economy. When the economy is down, a rate decrease stimulates financial activity and can help the US avoid recession.

Consumer behavior is affected by both rate increases and decreases, says Douglas Batista. This is especially noticeable in the real estate and automotive industries. When banks are charged less to borrow money, they can lower rates for their client and that opens up possibilities for consumers to make large investments, such as a new house or recreational vehicle.

Douglas Batista explains that increased consumer spending leads to higher profits and lower losses for companies, which is what triggers a change in that particular company’s stock prices. When rates are low, this effect is felt almost across the board. It should be noted that any unexpected rate changes can also impact the stock market. For example, if financial analysts anticipate a rate drop of 50 basis points but the Fed delivers a drop of just 25 points, stock prices can plummet.

The connection between interest-rates and the stock market is not a direct one. Although they do affect each other in noticeable ways, each tends to move in the opposite direction. A good rule of thumb is that when interest-rates go up, stock market prices go down and when interest rates go down stock prices inflate. Douglas Battista explains that this is just one factor that affects rates and cautions all investors to do their homework before making any major financial decision.

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Q&A With Douglas Battista: American Tariffs

It’s been more than 300 years since the first tariffs were introduced in the US, says Douglas Battista. In that time, there have been many changes and even more controversy surrounding the idea of taxing imported goods. Keep reading as Batista answers a few of the more uncommon questions relating to America’s long history with tariffs.

Q: How did tariffs contribute to the American Revolution?

Douglas Batista: One of the driving factors behind the American Revolution was the idea of taxation without representation. This includes tariffs. However, the government needed funds and soon did way with the Articles of Confederation, a precursor to the Constitution, that did not provide any permissions to allow the newly-formed government to tax citizens.

Q: Were there other wars in which the idea of taxes and tariffs played a role?

Douglas Batista: Absolutely. In the war of 1812, just a few decades after the first tariffs were enacted, the infant US government realized that a taxless nation was nearly impossible. It was then that US leaders became more determined to implement fiscal policies to ensure the nation had the resources to both operate and protect its citizens and resources.

Q: What industries benefit most from import taxes?

Douglas Batista: Currently, the aluminum and steel industries are the most affected and the industries needing the most protection. But, back in the 1800s, the US textile industry benefited the most. However, there have always been pockets of backlash as US-made products are historically not as inexpensive as mass imports on things such as copper.

Q: What types of goods are subject to tariffs? What are the most unusual?

Douglas Batista: The vast majority of goods being imported to the United States are subject to tariffs. However, a few notable include tobacco (350%), shelled peanuts (131.8%), ship parts (50%), and decorative glassware (38%).

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Douglas Battista Demystifies the High-Profile Job of an Investment Banker

Many people dream of a career on Wall Street and few jobs spark interest more than investment banker. High salaries and even higher-powered relationships make it an attractive professional path, says Douglas Battista. But, what, exactly, does an investment banker do? Keep reading to find out.

Q: What is an investment banker?

Douglas Battista: An investment banker is essentially a man or woman who works to acquire capital for large corporations and government agencies.  They also often provide in-depth financial advisory services and assist with the mergers and acquisitions process.

Q: Why would a corporation procure the services of an investment bank?

Douglas Battista: The vast majority of expansions and projects undertaken by large corporations are done so by incurring debt. For instance, if the fictional Acme Manufacturing Corporation wanted to upgrade their equipment and expand their operations to a larger facility, they would work with an investment banker who would issue bonds to raise capital to fund these projects. Investment banking services are also used by municipalities to pay for large community projects, such as building a highway or an airport.

Q: Who handles the underwriting process of financial transactions completed by investment bankers?

Douglas Battista: Most often, the investment banker handles underwriting. What this means is that they manage the risk associated with the securities exchange process. It is similar to how a retail location purchases goods from a wholesaler – the investment bank purchases securities then sells a smaller portion to investors for a profit. The markup is enough to mitigate any financial risk associated with the transaction.

Q: How much does an investment banker make?

Douglas Battista: That depends on a number of factors. It is, however, considered one of the highest-paying positions. An investment banker will likely be required to have a degree relating to finance and can usually expect to net a six-figure salary straight out of college. Analysts and associate positions may start out at $35 per hour.

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What is Decision Fatigue? Douglas Battista Explains

In the following brief question and answer session, human resources and management expert Douglas Battista explains the phenomenon of decision fatigue.

Q: What is decision fatigue?

Douglas Battista: Decision fatigue is a state of being that happens when you become tired of having to make choices constantly. You may not realize that it’s happened, but it can have a negative impact on every aspect of your life.

Q: Can you give an example of a bad decision made while dealing with decision fatigue?

Douglas Battista: After a long week at the office putting out countless fires, Michael, a development manager, is scheduled for a 4 PM Friday meeting to discuss an addition to his team. He has seen numerous resumes and, together with his fellow IT leaders, eliminates the poorest contenders. However, he, as well as his coworkers, are ready to leave for the evening and hastily settle for the applicant who lives closest to the office. They realize weeks later that, although the new employee is technically qualified, he does not have the soft skills needed to thrive in this particular professional environment and culture.

Q: What are some ways to avoid making bad decisions?

Douglas Battista: One of the easiest things you can do for yourself is limit your choices on non-essential items, such as which shoes to wear or what type of coffee to drink. You should also make taking breaks a priority and spend a few moments of your lunch break doing something you enjoy that has nothing to do with work. Examples would be to read a few pages of a book, sneak a catnap in your vehicle, or go for a jog.

Q: How can decision fatigue affect your physical health?

Douglas Battista: The state of our bodies is directly related to the choices we make. For example, if you are too mentally fatigued to cook on a regular basis and often opt for easy but high-calorie, high fat fast food, you will gain weight and put yourself at greater risk of diabetes and cardiovascular disease.

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Q & A with Douglas Battista: Deception Doesn’t Pay

A Texas-based automotive dealer, Cowboy Toyota, was recently cited by the Federal Trade Commission on complaints it practiced deceptive marketing techniques. Specifically, reports Douglas Battista, the Dallas dealership targeted Hispanic speaking patrons with attractive financing offers in Spanish (and fine print in English.) Here, Battista answers a few questions about this deceptive marketing campaign.

Q: What financing terms did the dealership advertise that are now in question?

Douglas Battista: The dealership ran Spanish-language ads in local newspapers noting no down payment and low monthly installments for new 2016 Toyota vehicles. However, less visible were the very specific terms and conditions that were written in English and in very small print.

Q: What is the Truth in Lending Act?

Douglas Battista: The Truth in Lending Act, or TILA, was implemented in the United States in 1968 as federal law. TILA was designed specifically to protect consumers from fraudulent credit offers by requiring specific disclosures and all associated costs to be clearly outlined to consumers when a loan product was being advertised. The FTC ruled that Cowboy Toyota was in violation of TILA.

Q: How is Cowboy Toyota being penalized?

Douglas Battista: The FTC’s order prohibits the dealership from misrepresenting costs associated with vehicle leases. Principles of the dealership have also been required to accurately represent specific restrictions and qualifications based on consumer credit worthiness and ability to pay.

Q: Why does the Federal Trade Commission get involved in situations such as this?

Douglas Battista: It is the FTC’s job to protect consumers who may not be familiar with the fine points of finance and consumer products in general. The Federal Trade Commission intervenes when sellers engage in questionable marketing practices that take advantage of consumer ignorance.

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Douglas Battista Talks Employee Retention

Douglas Battista believes that good employees are worth a little extra effort to keep. In this brief Q&A, the former Operations Manager and HR expert offers answers to common questions regarding employee retention.

Q: How can I reward employees for “going the extra mile” without offering a raise or promotion?

Douglas Battista: When an employee performs above their role, chances are, any form of recognition will be more than appreciated. This could be a small token, such as a gift card to a local lunch spot, or something intangible (but invaluable) like an extra hour off on a Friday afternoon.

Q: What are the advantages of distributing a company newsletter?

Douglas Battista: Employees at all levels tend to feel more secure in their positions when leadership keeps an open line of communication. A newsletter – or even an occasional email – is a fantastic way of letting employees know what’s going on. Newsletters are an efficient way to get a message across to many people at once and serves the dual purpose of allowing management an opportunity to publically praise positive contributions within the organization.

Q: Is establishing personal relationships with employees a good idea?

Douglas Battista: Yes! In my experience, employees want to feel they are seen as a person, not simply a paycheck. Getting to know your employees doesn’t mean you cannot maintain an authoritative role, it just gives them a chance to feel connected and part of something larger.

Q: What role does Human Resources play in regards to employee relations/retention?

Douglas Battista: HR isn’t simply a department that enforces rules and dishes out punishments. The Human Resources professional works with management to ensure employees are properly trained and satisfied with their working conditions. Companies with an active HR department tend to have lower employee turnover rates.

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Douglas Battista | Responsibility Gives Power to Create

Do you get annoyed when you hear the word “responsibility”? Do you associate it with mindless duty or restrictions? Responsibility doesn’t have to be a chore, says Douglas Battista. It all depends upon your perspective.

Taking responsibility in the workplace, for example, is an expression of confidence in our abilities, our commitment to challenge ourselves, and to see how far we can go. More so, notes Douglas Battista, responsibility gives us an opportunity to be a role model.

Often, managers at all levels find excuses as to why they didn’t achieve what they set out to do. Some of their responses are:

- The weather was bad - I lost my top salesperson - I don’t have the right people.  We don’t have enough candidates.

These are natural, human responses, says Douglas Battista. But in every one of these “Not-Responsible” responses, the manager has rendered him- or herself powerless by placing another person or circumstance responsible for the shortfall, rather than looking inside self for a solution.

The manager is essentially saying, “I’m Not Responsible.”  According to Douglas Battista, these responses actually strip the manager of the time and energy to do something about them.

Contrast to this, a manager who operates from a mindset of 100% responsibility. The “Responsible” manager understands that he/she is in control of the situation and fully responsible for the results, regardless of the circumstances.  By “owning it” rather than avoiding responsibility, says Douglas Battista, the manager maintains power to do something about it.  This manager quickly gets into action by figuring out what to do, so that he/she can succeed – in spite of the circumstances.  

By taking responsibility, no matter how bad the situation is, you signal to your mind that you, in fact, have the power to create what you want.

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Q & A with Douglas Battista: Excuses are Unacceptable

In the following Q & A, Douglas Battista, Vice President of Operations for Jenny Craig North America, entertains questions about responsibility.

Q: What goes with responsibility?

Douglas Battista:  Responsibility is more than just getting a task done. With responsibility comes an expectation that things are done to a certain standard. What matters are the results of a task.

Q: So responsibility isn’t as much about the task that was assigned but how it was delivered?

Douglas Battista: Exactly. Let me give you a simple example. Let’s say you are a lifeguard that has been given the responsibility to make sure people are safe in the pool. If someone is drowning on your watch and you choose to do nothing, you would be irresponsible because the results of your action (or non-action, in this case) would be devastating.

Q: How can I excel at my responsibilities?

Douglas Battista: We can excel when we have a complete understanding of our responsibilities, and we don’t see our job as just a series of tasks but rather as an essential function to achieve best results and fulfill our mission. This complete understanding gives us a lot of power.

Q: If responsibility enables us to feel power over a situation, then why isn’t being responsible easy to do?

Douglas Battista: It’s easier to render yourself powerless by placing another person or circumstance responsible for the shortfall, rather than looking inside yourself for a solution.

Q: What’s your definition of a responsible person?

Douglas Battista: A responsible person understands that he or she is in control of the situation and fully responsible for the results, regardless of the circumstances.  This person’s shortfalls serve as opportunities to self-diagnose and recalibrate.  By “owning it” rather than deflecting, he or she maintains power to do something about it. Finally, the responsible person quickly gets into action by answering, “What am I going to do, or not do, so that my team succeeds in-spite of the circumstances?”

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Banish Workplace Distractions with These Tips from Human Resources Expert Douglas Battista

All it takes to zero in and get it done is a few intentional behavior changes, according to Douglas Battista.

Many people working from home or in an office find staying on track a difficult task, says Douglas Battista. Here are a few ways to stay focused past the 15 minute threshold of attentiveness that 50% of Americans claim to have once they punch in for the day.

Figure out the problem. Fixated on food? Overly tired? Can’t keep your eyes off Facebook? Once you acknowledge the problem, it’s easier to avoid it.

Plan ahead. Set goals for each hour of the day. Make sure to get one or two small task done every few hours to help you feel accomplished.

Don’t skip breakfast. A healthy meal before heading out the door can keep you engrossed in what has to get done, says Douglas Battista.

Shutdown and restart. Not your computer. Douglas Battista reports that meditation may help you reset and recharge.

Work in chunks. Most of the time, you don’t have to work until something is finished before pulling away and starting on something else. It can help your regain momentum to work in time chunks of an hour or so per project.

Keep your work area clean. Perhaps one of the biggest distractions, claims Douglas Battista, is clutter. Remove any unnecessary desk adornments to eliminate your mind wandering towards them.

Give yourself a reward. Let yourself have a small prize for doing certain tasks. It’s a sign of closure and one that can help you feel better about being stuck behind a desk all day. Cookie anyone?

Don’t kick the caffeine habit.

Don’t overdo it, but a cup of coffee later in the afternoon can give you boost of energy you need to round out your day on a high note, says Douglas Battista. 

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Douglas Battista Shares Thoughts on Establishing Company Values

As a veteran member of the human resources field, Douglas Battista has committed himself to serving as a chief facilitator and trusted advisor in full-time roles for major companies including Jenny Craig, Curves, Walt Disney, ARAMARK and Nestlé. Here, he offers guidance on how to reshape a company culture after a merger and how to remove the barriers impeding success.

Q: What do you see as the first step in establishing a solid company culture?

Douglas Battista: Determining the most important values for a company is critical in the early stages of the process. These values are traditionally used for hiring practices, performance management and recognition programs. Any employee should have the ability to leverage these values and implement them into their everyday activities.

Q: How can a company merger affect both executives and employees?

Douglas Battista: Each company or department may come to the table with a certain set of values guiding their regular routines. Instead of changing these current standards entirely, the human resources professional can use them to build a new foundation. That way, when a change occurs, it will not negatively impact retention rates, productivity and current employees.

Q: Why is it so important to include all members of the organization in this process?

Douglas Battista: Each company leader brings a unique perspective and valuable insight into operations. After receiving their comments, the human resources department is tasked with redefining the plan and facilitating discussion among the core constituents so that a proper rationale is determined.

Q: Where might business executives go astray in their efforts?

Douglas Battista : By failing to include the whole organization in these adjustments, the results may fall short. Every employee must have the opportunity to discuss the proposed changes. The goal is to to engage with employees in a mutually beneficial dialogue about these behaviors and values and delineate their particular roles in the company’s overall success. 

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Doug Battista Explains Key Distinctions Between Defined Benefit and Defined Contribution Retirement Plans

Q: What are the key differences between a defined benefit retirement plan and a defined contribution retirement plan?   Doug Battista:  A defined benefit plan is a type of pension plan in which the employer promises a specified monthly amount on retirement that is predetermined by a formula based on the employee's earnings history, tenure of service and age.    The plan is referred to as a defined benefit because it defines a benefit for an employee upon that employee’s retirement.  An employee is typically not required to provide money in order to participate in a defined benefit retirement plan.

In a defined contribution plan, an individual is required to put forth money to fund it. The employee, and oftentimes employer, makes contributions on a regular basis. Only employer contributions to the account are guaranteed, not the benefits at the time of retirement.

Q: What are some examples of defined contribution retirement plans?

Doug Battista:  Examples of defined contribution plans include 403(b) plans and 401(k) plans, as well as profit-sharing plans and employee stock ownership plans.

Q: Do most employers traditionally offer both of these plans?

Doug Battista: Some employers do actually provide both options to their employees. However, many employers in the private sector have abandoned pensions in favor of 401(k) plans, shifting the risk and most of the expense to employee.  However, pensions continue to remain popular in the public sector including government employers and the military.

Q: Given the state of the economy, do you believe that defined benefit retirement plans will be included in the long-term future of businesses?

Doug Battista: I predict that public companies will continue to abandon their pension plans.   Employers have become increasingly weary of the liability of pensions; therefore, I do not foresee any changes to this trend. 

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Doug Battista Describes the History of the Los Angeles Clippers

Doug Battista has watched a lot of bad basketball over the years. But when he sees a team he likes, Battista is loyal to the end. As a Southern California resident, there’s one team that Doug Battista follows closely—the Los Angeles Clippers. As an NBA fan, Doug Battista loves to attend Clippers games at the Staples Center, and eagerly awaits the day he is able to see the Clippers in a championship parade.

The Clippers originated in Buffalo, New York as the Buffalo Braves. Formed in 1970, the team soon established a winning record. But by the 1976-77 season, a diminishing record led officials to agree to relocate it to San Diego, explains Doug Battista.

According to Doug Battista, the Clippers enjoyed a better record as the San Diego Clippers from 1978-1984. Again, the team began dwindling in later years, leading owners to relocate it once again to Los Angeles in 1984.

The Clippers had a rough start in Los Angeles, Doug Battista recalls, with the team landing the designation of having the second-worst season in NBA history by 1986-87. The team continued to flounder until the late 1980s, when a few major changes turned the Clippers’ record around.

As Doug Battista explains it, the 1989 season began with the addition of Rookie of the Year second place Ron Harper. The 1990 season added Loy Stephen Vaught, who would go on to become one of the most consistent forwards in the NBA. These changes positioned the Los Angeles Clippers to become serious contenders in two playoff appearances, but the team was not able to sustain that success. In 2000, however, the team became known for its showmanship, with Darius Miles and Quentin Richardson adding to the team’s fan appeal, Doug Battista says.

Today, the team is in its “Lob City” era, named this for its alley-oop plays from Chris Paul to Blake Griffin to DeAndre Jordan. While the past season had a rough start, according to Doug Battista, the team had a sudden surge in which it won twelve of fourteen games. The Clippers made the playoffs for the first time since the 2005-2006 season.

While the playoffs were close, the Clippers had some wins and some losses in this year’s playoffs. Along with other fans, 

Doug Battista is hopeful that he will get to see his team finally have that championship parade.

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Press / Media Mentions of Doug Battista

Doug Battista Announces Strategic Employee Retention Tactics Escondido, California, United States of America (Free-Press-Release.com) June 12, 2012 — After 15 years of experience strategically managing employee retention for companies like ARAMARK, Walt Disney, and Nestlé, Doug Battista says that the trick to keeping great employees on the payroll is simple: reward and acknowledge superior performance and communicate on all levels.

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Doug Battista on Leading Social Networks

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