If you own a small business, as I do, I'm sure that you've often been told, "The check's in the mail." At best, you must wait several days before you get access to the money. This can be a major hardship when the amount is large. What if the check never arrives? Then you have to contact your customer or client and hope that they really intended to pay you. You tell them that their check "must have gotten lost in the mail" and sheepishly ask them to send a replacement. Then the process repeats and you hope that this time the check finally arrives. Even if you do actually receive the check, there is of course a delay until you actually get your hands on it and deposit into your bank account. There has to be a better way!

I've found a great solution to this dilemma. There is now software available that allows you to receive the check information by telephone, FAX, email, web form, or in person and immediately print the actual check, which you deposit right away into your bank account. If the check is from an intra-state bank or the amount is under $1000, my bank gives me immediate access to the funds. Otherwise, there is a 5-day hold, which would also have been the case if I had to wait for the check to arrive by mail. So in most cases, I get immediate access to the funds. Wow! It doesn't get better than that. Using this software has greatly improved my cash flow. It could probably do the same for you.

It works with any laser printer. No special toner is required. Checks produced by this software even have the machine-readable numbers at the bottom and are accepted by every bank in North American and most other places. I recommend that you use the same type of security paper as the one suggested for well-known account software, such as Quickbooks(tm) or Quicken(tm).

That paper is inexpensive and is available at most office supply companies and at the above website. It is specially manufactured with a number of features that help to prevent check fraud. For example, if someone makes a photocopy of the check, the word VOID is plastered all over the copy, making it unusable.

Dr. Rubinstein is a practicing psychiatrist who has replaced the income from his lucrative medical practice through online marketing. He not only offers a wide range of products on dozens of websites, but he also teaches Internet marketing through an online multi-media training program as well as a personal mentoring program.

The software is called "Immediate Check Deposit" and it's available for download at http://immediate-check-deposit.com

Dr. Rubinstein can be contacted at ezinearticles@doctorduplicator.com or (219) 864-2501.

Article Source: http://EzineArticles.com/?expert=Richard_N._Rubinstein,_M.D.

Although several of the small business owners I have encountered in the past few years thought they were immune from being sued for unpaid commissions by their salespeople, they learned -- too late -- that New York's Labor laws dictated otherwise. As part of their Monday morning quarterbacking, these business owners came to realize that had they invested a modest amount of additional time and resources into drafting a comprehensive and clear commission agreement in the first place, they certainly would not face exposure to paying commissions at a salesman's wished upon (rather than agreed upon) terms, and perhaps could have prevented litigation altogether. After some further analysis, it seems that these business owners' surprise (and Achilles' heel) was the product of their belief in one or more of the following myths:

Myth #1 - Signing bonuses are inherently discretionary - New York's courts have held that where a signing bonus is guaranteed as a term of employment that is tied to the salesperson's job performance (such as the sale of a new account), and further, is not expressly made subject to management's discretion, the bonus is deemed wages under the Labor Law, and thus, cannot be forfeited if earned prior to termination and/or resignation.

Myth #2 - "If it Isn't Written, It Doesn't Exist - contrary to popular belief, just because a commission agreement is oral doesn't necessarily mean it is unenforceable. In that regard, while an employer can change the terms of an at-will employee's agreement prospectively, it cannot change the terms of the agreement retrospectively. Simply put, once the salesperson has already earned commissions at an agreed upon rate, the employer cannot go back and refuse to pay those commissions.

Myth #3 - Termination for Cause Is Cause for Forfeiture of Commissions - New York's Labor Law clearly states that commissions which are earned during employment (i.e., vested), cannot be forfeited as a matter of public policy.

Myth #4 - If It Isn't Clear from the Contract that a Commission is Owed, the Salesperson Can't Collect - a fundamental, and nearly uniform rule of law is that any ambiguity in a contract is construed against the drafter of the contract. As a practical matter, this means that the courts are obliged to side with the salesperson with regard to any provision in the agreement that does not make it patently clear as to whether, and if so, how much, commissions are owed for a particular sale.

As the foregoing makes clear, it certainly pays to have well-crafted and clear agreements with commission salespeople. The short-term cost in time and money will not only help avert misunderstandings, and thus safeguard company morale, but will likely save you untold sums of money by either minimizing, or preventing entirely, the costs of litigation.

Copyright (c) 2008 Law Offices of Jonathan Cooper

Jonathan M. Cooper is an attorney in private practice in New York, and has represented small businesses and individuals in the trial and appellate courts for over a decade. For further information about his firm, please visit http://www.jmcooperlaw.com

Article Source: http://EzineArticles.com/?expert=Jonathan_Cooper

Here are twelve questions that you should consider when starting a new business.

1. What is your product or service idea? Are you making a product or delivering a service? What is the need in the market that you will serve? This is the "what". If you can define the specific product or service you want to deliver in a paragraph or two, it will help you to focus on the "how". Try not to be too general. Instead of "Photography" consider refining it to "In-home baby, child and family photography" or some other more specific area. You can always broaden it later.

2. What geographic area will you serve? If you intend to run a mail-order business, you may not have geographic limitations. However, if you have a product or service that is locally deliverable, such as a store, restaurant or in-home service, a pin on the map will define where your business will exist, but from what demographic areas will you draw your customers? Will these demographics change during the week or year? If you have a business where you travel to your customers, consider making a map to clarify your served area. Draw a shape to enclose the area where you want your primary market to be, from which you expect to get most of your business. Make another larger one which would be areas you would consider servicing but in which you would incur higher costs or longer times to deliver your product or service. And then define the third area, in which you may consider delivering services for a higher price or other consideration.

3. What is your competition? Do some research. The phone book, internet, chambers of commerce and personal contacts are all good sources of information. Try to identify each of your competitors' strengths and weaknesses, and think of ways you can operate your business that will overcome their strengths and will take advantage of their weaknesses.

4. What skills are needed to operate this business? Think beyond the actual craft or product. You'll need marketing, selling, customer service, accounting and bill paying, web and computer skills and more. beside these tasks and skills, note which things you do well and don't do well. Be honest, and think about a plan that will either improve your skills, or will bring into your business someone who can coach your or will do these things for you.

5. What equipment or resources do you need? Again, thinking in terms of three levels is helpful. First level, what do you need to barely operate the business out of your home or a small space? You may have most of all of these things now. You don't want to go into large debt just starting your business, so keep this level "bare bones". Next level, what would you need to establish a firm base for growth? That may be better equipment, a better place, or more machinery. You can take this list and make it your "grow as you go" list - as your sales come in, you can divert those early profits to growing your business to the second level without incurring additional debt. Third level, think about if your business was making $1 million per year, or per month. What would that business look like? That distant view may help you lay a stronger foundation in the first two levels to support growth.

6. How will you enter the market space? Few businesses succeed without an initial push. Do you have friends, relatives or local businesses upon whom you can count to give you some business and exposure? How about a press release and grand opening celebration? TV coverage is good, as are reviews in the paper and online. You may want to think about some initial marketing and advertising strategies to get your word out there. Also think about the best time of year to start, where your investment is most likely to generate sales and awareness.

7. How will you define and market your brand? Every business has a brand identity. People will associate your brand in different ways. Are you tailoring your product or service to a value market or upscale crowd? Will your customers come from retail, commercial, government or industrial areas? Naming your business and products will impact how people perceive your business. Would you rather buy from "Joe's Cheesecake" or "The Cheesecake Wonderland?" Describing your lower cost offerings as "value-oriented" instead of "bargain" creates a completely different customer impression.

8. What processes to you need to define and standardize? Regardless of what you do, customers will expect you to do it the same all the time. Consistency or the lack of it will very much impact how much repeat business you receive. Some key processes are customer contacts (phone answering, greeting), delivering the product, cleaning or preparing your business, soliciting and accepting customer feedback, pricing and specials, just to name a few.

9. What are your compliance obligations? Do you need to collect sales tax? If so, how much and in what areas? How often do you need to report tax and income? Do you have licensing and permitting to deliver your product or service? Do you have medical or board of health compliance requirements? Do you have to notify customers of any potential risks? Are you required to have specific insurance coverage or law enforcement clearances? Sometimes, a conversation with a similar business owner in a non-competing market will open your eyes to compliance issues that you did not originally know. You may also want to talk about how to structure your business: Sole proprietorship, partnership (lots of risk), Limited Liability Corporation (LLC) or other structure. If you run a business from your home, there are tax, permitting and zoning implications.

10. What pricing and policies do you want? Pricing will of course affect your profitability. Make sure you can clear a profit after all of your costs are covered. As a new business, you probably don't want to be the highest or lowest price in your served area. Set prices too high and you may not get any business. Price too low and you risk being ignored by all but the most value-conscious customers, and being branded as "cheap". Your policies will influence your customers' experiences. Will you refund money? How do you handle scheduling, deposits and cancellations? Will you accept credit cards or bill the customer? How will you deal with past due accounts? Will you offer discounts, and if so, to whom? Will you have employees? What policies do you need to define for them?

11. How will you fulfill the customers' needs? Imagine the moment you deliver your product or service to the customer. How will they receive it? Will there be packaging or presentation technique that must be followed? If you deliver a service, how will your appearance, professionalism and quality of work be observed? Where will you obtain your supplies or services? Can you get samples and make contacts at trade shows or other venues to develop your supply chain?

12. How will you measure your success? Sales and profitability are just two measurements of success. How about customer satisfaction? Will you perform formal or informal surveys? Will it be obvious to you if your customers are happy or not? What is their rate of referring you to their friends and associates? If you don't know how your business is doing from the outside, you can't fix it from the inside.

Don't let these questions intimidate you. Instead, use them to build a more complete business plan, expose your weaknesses and highlight your strengths.

To continue your business journey, consider joining a chamber of commerce, industry group or web forum where other like-minded business people can offer support and feedback. Good luck with your business!

John Huegel is a photographer in the Erie, Pennsylvania area who specializes in Seniors, Dance Studio, Families and other groups. He is active in many charitable and volunteer activities in the Erie area. His work can be seen at http://jhphotomusic.com

Article Source: http://EzineArticles.com/?expert=John_Huegel