Bovarnick 

                                                                                                                  AND ASSOCIATES LLC

     ATTORNEYS  AT LAW

 

    JUST IN CASE

    An e mail newsletter from Bovarnick & Associates                                      November 2007

Clients in the Media

City Capital Corporation, through its subsidiary, Goshen Energy Resources, Inc., signed a distribution agreement with Verde Bio Fuels, Inc. to distribute the Goshen bio-disel product in the United States.

Verde has committed to purchase and distribute up to 10,000,000 gallons per year of biodiesel produced by Goshen.  To read more, click here 

 

Additionally, Ephren Taylor, the CEO of City Capital, was interviewed on 20/20 with Elizabeth Vargas, and on "The Big Idea", with Donny Deutsch.  To view a portion of the interview on 20/20, click here, to view the interview with Donny Deutsch, click here. 

 

 

If that wasn't enough, Ephren's first book, Creating Success From the Inside Out, was just published and is receiving wonderful reviews.  To read excepts, click here.

 

 

 

Partner Spotlight

Emco Technology, Inc.

 

Every other month the Firm will profile a strategic partner or resource that we feel our clients would benefit from. 

 

This month we have interviewed Emil Pilacik, Jr., President/Founder of EMCO Technology, Inc. Emil, whoholds a BS degree in Computer Engineering Technology from Spring Garden College, has held various senior-level management positions in a variety of large and small companies over technology and service delivery.  Emil also contributes to local leadership/direction for community faith-based outreach organizations.

 

What is the mission of your company?

 

To provide the very best computer services to small to mid-sized companies and free them from the anxiety of lost productivity due to computer outages.  To offer a fully out-sourced IT department costing on average, 66% less then hiring a comparable single full time technology employee.

 

 

What size companies do you work with?

 

Companies from about 5 employees to 1000 for outsourced IT.  Annual revenue from $1M to $25M.  Larger companies are offered IT consulting to augment internal staff for projects or general IT organization consulting.

 

What, in your opinion, is the most reliable maker of computers?

 

This is a subjective question.  All computers are generally constructed the same.  They utilize common third party chips and drivers.  The branding comes from the combination of these third party components and basic compatibility testing.  Generally your larger corporations win the reliability test based on the level of after-sale support.  Larger computer manufacturers like HP, IBM, DELL and Gateway have a good handle on this support although this can be called in to question with the use of overseas support like India.  Other support like a fully available website for corrective downloads and support are a must. Currently HP is the largest computer manufacture in the world.  I believe HP also has the best after sale support. 

 

What type of security software should every computer have?

 

All computers should have three basic types of security protection, Anti Virus, Anti SpyWare and E-mail Defense.  There are plenty of solutions out there for people to remain protected.  Home users even have free programs available like AVAST for AntiVirus and Windows Defender for Anti SpyWare.

Business users should ask their IT professional for hi/her recommendation.  Generally, if this is done correctly, you will have very limited business effecting issues and you will not over-pay.  If you feel you are not protected or your IT advisor does not have a handle on this you should consider discussing this with EMCO Technology, Inc.  This is a serious issue.

 

 

 

Is it worth putting Adaware on your computer?

 

"Adaware" by a company called LAVASOFT, is a good example of a free and capable Anti Adware or Anti SpyWare type of product.  The answer is yes, but within reason.  If you do not know what you are doing and have other Anti Virus and Anti SpyWare programs running they may conflict causing other issues.  "Adaware by Lavasoft is just one example of this type of free protection.  Others are "Windows Defender" and "SpyBot Search and Destroy. "The big issue is to stay on top of this protection to make sure that what you are using is working. In the past, all these products have fallen behind and not worked as well as they once did, only to be revamped and make a come back.  Remember these products are reactive.  The manufactures react to the latest attacks, therefore it is an ever changing environment.  If you use free protection and they offer some way for you to donate to the developers, consider doing it so they may be motivated to continue their defensive work on your behalf!

 

 

What type of service do you recommend for backing up files?

 

A company needs to start at the top when making this decision.  A business case should be worked on first then a technology answer applied.  Business managers often make this error.  They start with the latest available technology that their brother-in-law tells them about and then create a business need around it.  This is not only dangerous, it can be expensive.  The business should start with a written statement that says something like. " Our company has decided that backing up our vital computer data is necessary."  This may seem funny or strange, but if you don't start here, how do you ever expect to have a budget created to support the inevitable technology expense that will come from answering the written business statement.  After the basics are written down, then an analysis of traditional in-house verses newly available "over the wire" backups can be evaluated for cost and risk.

 

What is the biggest mistake companies make when setting up the computer system?

 

The biggest mistake that I see companies making is that they put the cart before the horse and do not effectively state their expectations to the technology integrator.  I vigorously interview my clients and ask them exactly what they think the computers will do when I am done.  I want to know if they are ready for this technology and ready to participate or if they are thinking, "when EMCO is done, the computers will magically do all the work and it will be really easy. "I pride myself in being able to educate the corporate decision makers, set expectations completely and over-deliver on procuring and delivering technical solutions that work well for 3 to 5 years for a maximum ROI.

 

What constitutes sexual harrassment?

 

  Evening Bulletin

"ASK THE ATTORNEY"

by

Robert M. Bovarnick

 

Sexual harassment is harassment or unwelcome attention of a sexual nature.  It includes a range of behavior from mild transgressions and annoyances to serious abuses.  Sexual harassment can occur in a variety of circumstances.  Some polls show that upwards of 25% of women report that they have been harassed in the workplace, with more than half of those reporting emotional harassment or inappropriate touching.

 

 

Essentially, the rule is that sex-specific and derogatory language, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment if the conduct is unwelcome, severe, and pervasive enough that it creates an objectively intimidating, hostile, or offensive work environment and the worker subjectively finds it abusive.  These factors can only be determined by looking at all the circumstances, which may include the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee's work performance.

 

 

The harasser can be anyone, such as a supervisor, a client or a co-worker.  The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.  While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful. 

 

 

The harasser can be male or female.  The victim can be male or female.  The harasser does not have to be of the opposite sex.  The harasser may be completely unaware that the behavior is offensive or constitutes sexual harassment or may be completely unaware that the actions could be unlawful.

 

 

Sexual harassment generally falls into two categories:  "quid pro quo" harassment, or the explicit tying of job benefits to sexual acts or submission to sexual conduct, and hostile environment harassment, or the active creation of an offensive work environment.  Early on, most of the claims heard by the courts were the quid pro quo harassment claims, typically characterized by a supervisor's demand for sexual favors in exchange for an economic benefit, such as a raise or a promotion.  Hostile environment sexual harassment claims were first recognized in 1986.  The Supreme Court said that even absent economic consequences, harassment (in that case inappropriate touching) could constitute a violation of the law when it became "sufficiently severe or pervasive to alter the conditions of the victim's employment and create an abusive working environment."

 

 

The question then comes up as to when the employer is liable for the actions of the employees.  Initially, the Supreme Court held that an employer is responsible for the supervisor's misuse of his authority.  However, if the harassment was never reported by the subordinate employee, can the employer still be liable? 

 

 

The Supreme Court answered this question by creating a defense to the employer to avoid sexual harassment liability that had occurred without the knowledge of the employer.  The employer must prove two parts of the test: (1) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior; and (2) that the employee unreasonably failed to take advantage of any preventative or corrective opportunities provided by the employer or to avoid harm.  In other words, an employer should not be held responsible for the harassment if the employer had an effective anti-harassment policy in place and the employee failed to use it.

 

If there is a case for sexual harassment, the damages can include the following:  wage and economic loss (back pay); reinstatement, front pay and, in certain circumstances, loss in earning capacity; medical and psychiatric care and other out-of -pocket losses; pain and suffering (anguish and humiliation); punitive damages on a showing of willfulness; and, if allowed by statute, attorney's fees.  Under federal law, noneconomic compensatory and punitive damages are capped on a sliding scale, depending on the size of the employer.

 

 In conclusion, it is important for companies to have an effective anti-harassment policy and make sure all employees are aware of it.

 

 

 

 

I enjoy being able to share with everyone the Firm's continuous growth and development.  Whenever you get the chance, pick up the phone or send me an email and let me know how you are as well.

 

 

Sincerely,

Rob

 

 

 

 

 

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