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Robert G. von Kampen, Ph.D.
       Hilton Head, SC
             USA

         RAPSD, LLC
          [rap-suh-dee]
Thank you, HR.COM generally.

                              Ms. Colleen Peck specifically.

                                           You:

                  Are involved directly with hiring and firing decisions.

Are not so directly involved but responsible for the credibility and liability of and to the
  organization including HR professionals, executives, and volunteer Board members.


                                           Me:

                              Robert G. von Kampen, Ph.D.

                                        Intelligent.

                                      Conscientious.

                                           ISTJ.

                                         Creative.

                                 ... RADIO GOD: the Film
Passion
• Passion Pas"sion, n. [F., fr. L. passio, fr.
  pati, passus, to suffer.

• The term passion, and its adverb
  passionately, often express a very strong
  predilection for any pursuit, or object of taste
  -- a kind of enthusiastic fondness for anything.
  – Cogan. [1913 Webster]

          RAPSD, LLC [rap-suh-dee]    Robert G. von Kampen, Ph.D.   www.rapsd.net
Data
• NOUN (1)

• 1. a collection of facts from which conclusions
  may be drawn;
• - Example: "statistical data"
• [syn: data, information]


           Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Research
• NOUN (2)

• 1. systematic investigation to establish facts;

• 2. a search for knowledge;
• - Example: "their pottery deserves more
  research than it has received"
• [syn: inquiry, enquiry, research]

           Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Assess
• VERB (4)

• 1. evaluate or estimate the
  nature, quality, ability, extent, or significance of;
• - Example: "I will have the family jewels appraised by a
  professional"
• - Example: ”assess all the factors when taking a risk"
• [syn:measure, evaluate, valuate, assess, appraise, value
  ]


              Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Solution
• NOUN (5)
• 2. a statement that solves a problem or
  explains how to solve the problem;
• - Example: "they were trying to find a peaceful
  solution”
• - Example: ”she computed the result to four
  decimal places"
• [syn:
  solution, answer, result, resolution, solvent]
          Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Present
• VERB (13)

• 1. give an exhibition of to an interested audience;
• - Example: "She shows her dogs frequently"
• - Example: "We will demo the new software in
  Washington"
• [syn: show, demo, exhibit, present, demonstrate]


                     Robert G. von Kampen, Ph.D.
                  www.rapsd.net RAPSD, LLC [rap-suh-
                                 dee]
Anagram

                       DRASP
                              [ugh]


              RAPSD, LLC
                [rap-suh-dee]

Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Define
• VERB (5)

• 1. determine the essential quality of;
• [syn:
  specify, define, delineate, delimit, delimitate]

• 3. determine the nature of;
• - Example: "What defines happiness ?"
             Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Presentation
• Legal Issues in Hiring and Firing

• The Equal Employment Opportunity Commission reports that the most
  frequently cited employment bias charges in 1994 were related to hiring
  and firing practices. Hiring and firing procedures should be carefully
  reviewed to assess the potential liability hidden within established
  practices.

    –   Hiring
    –   Firing
    –   Before Firing an Employee
    –   Handling a Termination
    –   After Firing an Employee
    –   Maintaining dignity and credibility

    Onward…..Rob

                Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Stages
•   Elizabeth Kubler-Ross
•   The stages, popularly known by the acronym DABDA, include:
•   Denial — "I feel fine."; "This can't be happening, not to me."
Denial is usually only a temporary defense for the
    individual. This feeling is generally replaced with heightened awareness of possessions and individuals that will be
    left behind after death. Denial can be conscious or unconscious refusal to accept facts, information, or the reality
    of the situation. Denial is a defense mechanism and some people can become locked in this stage.
•   Anger — "Why me? It's not fair!"; "How can this happen to me?"; '"Who is to blame? Once in the second stage,
    the individual recognizes that denial cannot continue. Because of anger, the person is very difficult to care for due
    to misplaced feelings of rage and envy. Anger can manifest itself in different ways. People can be angry with
    themselves, or with others, and especially those who are close to them. It is important to remain detached and
    nonjudgmental when dealing with a person experiencing anger from grief.
•   Bargaining — "I'll do anything for a few more years."; "I will give my life savings if..."
The third stage involves the
    hope that the individual can somehow postpone or delay death. Usually, the negotiation for an extended life is
    made with a higher power in exchange for a reformed lifestyle. Psychologically, the individual is saying, "I
    understand I will die, but if I could just do something to buy more time..." People facing less serious trauma can
    bargain or seek to negotiate a compromise. For example "Can we still be friends?.." when facing a break-up.
    Bargaining rarely provides a sustainable solution, especially if it's a matter of life or death.
•   Depression — "I'm so sad, why bother with anything?"; "I'm going to die soon so what's the point?"; "I miss my
    loved one, why go on?"
•   Acceptance — "It's going to be okay."; "I can't fight it, I may as well prepare for it."
In this last stage, individuals
    begin to come to terms with their mortality, or that of a loved one, or other tragic event. This stage varies
    according to the person's situation. People dying can enter this stage a long time before the people they leave
    behind, who must pass through their own individual stages of dealing with the grief.




                       Robert G. von Kampen, Ph.D.    www.rapsd.net     RAPSD, LLC [rap-suh-dee]
Stages

• Loss of - well - anything.

• Firing. Layoff. Dismissal.

• Loss of income = loss of everything.



          Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Absurdum. Fidem. Dignitatem.



• Absurdity. Credibility. Dignity.
• The U.S. Equal Employment Opportunity Commission
  reported that the most frequently cited employment bias
  charges in1994 and since were related to hiring and firing
  practices. Hiring and firing procedures should be carefully
  reviewed to assess the potential liability hidden within
  established practices. As importantly, HR professionals and
  executives must factor two essential components; 1)
  retaining the dignity of the fired employee; and 2) ensuring
  increased credibility and minimization of the legal risk to
  the firing organization, its executives, and even the liability
  of the volunteer Board members.

            Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Carol Bartz - Yahoo

•   Carol Bartz exclusive: Yahoo "f---ed me over"

•   By Patricia Sellers September 8, 2011: 11:00 AM ET

•   FORTUNE -- Here is what Carol Bartz thinks of the Yahoo board that fired her: "These people f---ed
    me over," she says, in her first interview since her dismissal from the CEO role late Tuesday.

•   Last evening, barely 24 hours after Yahoo chairman Roy Bostock called Bartz on her cell phone to
    tell her the news, she called from her Silicon Valley home ("There are reporters at the gate… a lot of
    them.") to tell Fortune, exclusively, how the ax came down.

•   On Tuesday, Bartz was in New York, to speak at Citigroup's technology conference the next
    day, when she was supposed to call Bostock at 6 p.m. "I called him at 6:06," she recalls. When he
    got on the line, she says, he started reading a lawyer's prepared statement to dismiss her.

•   "I said, 'Roy, I think that's a script,'" adding, "'Why don't you have the balls to tell me yourself?'"
•   When Bostock finished reading, Bartz didn't argue—"I got it. I got it," she told the Yahoo
    chairman."I thought you were classier," she added.




                     Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
At Will Employment


• At-will employment is a doctrine of American
  law that defines an employment relationship
  in which either party can break the
  relationship with no liability, provided there
  was no express contract for a definite term
  governing the employment relationship and
  that the employer does not belong to a
  collective bargaining group.

         Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
At Will Employment


• The doctrine of at-will employment has been criticized
  as predicated upon flawed assumptions about the
  inherent distribution of power and information in the
  employee-employer relationship and for its brutal
  harshness upon employees. However, scholars in the
  field of law and economics such as Professors Richard
  A. Espstein and Richard Posner credit employment at
  will as a major factor underlying the strength of the
  U.S. economy. At-will employment has also been
  stressed as a significant reason for the success of
  Silicon Valley as an entrepreneur-friendly environment.



           Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
At Will Employment


• The at-will rule has its genesis in a rule in Horace Gray
  Wood’s 1877 treatise on master-servant relations. Wood
  cited four U.S. cases as authority for his rule that when a
  hiring was indefinite, the burden of proof was on the
  servant to prove that an indefinite employment term was
  for one year.

• The United States is the only major industrial power that
  maintains a general employment-at-will rule. Canada,
  France, Germany, Great Britain, Italy, Japan, and Sweden all
  have statutory provisions that require employers to show
  good cause before discharging employees.


            Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Departures
•   August 2012 Connecticut
•   Picking up my German Shepherd pup
•   http://www.wilhendorf.us/Wilhendorf/For_Sale.html



•   August 2012 Key West, FL
•   Visiting with friends



•   October 2012 London
•   Screenwriters convention
•   http://www.londonscreenwritersfestival.com/



•   November 2012 - November 2013 Hilton Head, SC
•   Writing two books and one screenplay



•   December 2012
•   Cruise to celebrate my November 55th birthday
•   [Senior discounts !]



                               Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]
Robert G. von Kampen, Ph.D.
        Hilton Head, SC
              USA

                        RAPSD, LLC
                          [rap-suh-dee]




Robert G. von Kampen, Ph.D.   www.rapsd.net   RAPSD, LLC [rap-suh-dee]

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RAPSD, LLC [rap-suh-dee]

  • 1. Robert G. von Kampen, Ph.D. Hilton Head, SC USA RAPSD, LLC [rap-suh-dee]
  • 2. Thank you, HR.COM generally. Ms. Colleen Peck specifically. You: Are involved directly with hiring and firing decisions. Are not so directly involved but responsible for the credibility and liability of and to the organization including HR professionals, executives, and volunteer Board members. Me: Robert G. von Kampen, Ph.D. Intelligent. Conscientious. ISTJ. Creative. ... RADIO GOD: the Film
  • 3. Passion • Passion Pas"sion, n. [F., fr. L. passio, fr. pati, passus, to suffer. • The term passion, and its adverb passionately, often express a very strong predilection for any pursuit, or object of taste -- a kind of enthusiastic fondness for anything. – Cogan. [1913 Webster] RAPSD, LLC [rap-suh-dee] Robert G. von Kampen, Ph.D. www.rapsd.net
  • 4. Data • NOUN (1) • 1. a collection of facts from which conclusions may be drawn; • - Example: "statistical data" • [syn: data, information] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 5. Research • NOUN (2) • 1. systematic investigation to establish facts; • 2. a search for knowledge; • - Example: "their pottery deserves more research than it has received" • [syn: inquiry, enquiry, research] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 6. Assess • VERB (4) • 1. evaluate or estimate the nature, quality, ability, extent, or significance of; • - Example: "I will have the family jewels appraised by a professional" • - Example: ”assess all the factors when taking a risk" • [syn:measure, evaluate, valuate, assess, appraise, value ] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 7. Solution • NOUN (5) • 2. a statement that solves a problem or explains how to solve the problem; • - Example: "they were trying to find a peaceful solution” • - Example: ”she computed the result to four decimal places" • [syn: solution, answer, result, resolution, solvent] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 8. Present • VERB (13) • 1. give an exhibition of to an interested audience; • - Example: "She shows her dogs frequently" • - Example: "We will demo the new software in Washington" • [syn: show, demo, exhibit, present, demonstrate] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh- dee]
  • 9. Anagram DRASP [ugh] RAPSD, LLC [rap-suh-dee] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 10. Define • VERB (5) • 1. determine the essential quality of; • [syn: specify, define, delineate, delimit, delimitate] • 3. determine the nature of; • - Example: "What defines happiness ?" Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 11. Presentation • Legal Issues in Hiring and Firing • The Equal Employment Opportunity Commission reports that the most frequently cited employment bias charges in 1994 were related to hiring and firing practices. Hiring and firing procedures should be carefully reviewed to assess the potential liability hidden within established practices. – Hiring – Firing – Before Firing an Employee – Handling a Termination – After Firing an Employee – Maintaining dignity and credibility Onward…..Rob Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 12. Stages • Elizabeth Kubler-Ross • The stages, popularly known by the acronym DABDA, include: • Denial — "I feel fine."; "This can't be happening, not to me."
Denial is usually only a temporary defense for the individual. This feeling is generally replaced with heightened awareness of possessions and individuals that will be left behind after death. Denial can be conscious or unconscious refusal to accept facts, information, or the reality of the situation. Denial is a defense mechanism and some people can become locked in this stage. • Anger — "Why me? It's not fair!"; "How can this happen to me?"; '"Who is to blame? Once in the second stage, the individual recognizes that denial cannot continue. Because of anger, the person is very difficult to care for due to misplaced feelings of rage and envy. Anger can manifest itself in different ways. People can be angry with themselves, or with others, and especially those who are close to them. It is important to remain detached and nonjudgmental when dealing with a person experiencing anger from grief. • Bargaining — "I'll do anything for a few more years."; "I will give my life savings if..."
The third stage involves the hope that the individual can somehow postpone or delay death. Usually, the negotiation for an extended life is made with a higher power in exchange for a reformed lifestyle. Psychologically, the individual is saying, "I understand I will die, but if I could just do something to buy more time..." People facing less serious trauma can bargain or seek to negotiate a compromise. For example "Can we still be friends?.." when facing a break-up. Bargaining rarely provides a sustainable solution, especially if it's a matter of life or death. • Depression — "I'm so sad, why bother with anything?"; "I'm going to die soon so what's the point?"; "I miss my loved one, why go on?" • Acceptance — "It's going to be okay."; "I can't fight it, I may as well prepare for it."
In this last stage, individuals begin to come to terms with their mortality, or that of a loved one, or other tragic event. This stage varies according to the person's situation. People dying can enter this stage a long time before the people they leave behind, who must pass through their own individual stages of dealing with the grief. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 13. Stages • Loss of - well - anything. • Firing. Layoff. Dismissal. • Loss of income = loss of everything. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 14. Absurdum. Fidem. Dignitatem. • Absurdity. Credibility. Dignity. • The U.S. Equal Employment Opportunity Commission reported that the most frequently cited employment bias charges in1994 and since were related to hiring and firing practices. Hiring and firing procedures should be carefully reviewed to assess the potential liability hidden within established practices. As importantly, HR professionals and executives must factor two essential components; 1) retaining the dignity of the fired employee; and 2) ensuring increased credibility and minimization of the legal risk to the firing organization, its executives, and even the liability of the volunteer Board members. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 15. Carol Bartz - Yahoo • Carol Bartz exclusive: Yahoo "f---ed me over" • By Patricia Sellers September 8, 2011: 11:00 AM ET • FORTUNE -- Here is what Carol Bartz thinks of the Yahoo board that fired her: "These people f---ed me over," she says, in her first interview since her dismissal from the CEO role late Tuesday. • Last evening, barely 24 hours after Yahoo chairman Roy Bostock called Bartz on her cell phone to tell her the news, she called from her Silicon Valley home ("There are reporters at the gate… a lot of them.") to tell Fortune, exclusively, how the ax came down. • On Tuesday, Bartz was in New York, to speak at Citigroup's technology conference the next day, when she was supposed to call Bostock at 6 p.m. "I called him at 6:06," she recalls. When he got on the line, she says, he started reading a lawyer's prepared statement to dismiss her. • "I said, 'Roy, I think that's a script,'" adding, "'Why don't you have the balls to tell me yourself?'" • When Bostock finished reading, Bartz didn't argue—"I got it. I got it," she told the Yahoo chairman."I thought you were classier," she added. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 16. At Will Employment • At-will employment is a doctrine of American law that defines an employment relationship in which either party can break the relationship with no liability, provided there was no express contract for a definite term governing the employment relationship and that the employer does not belong to a collective bargaining group. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 17. At Will Employment • The doctrine of at-will employment has been criticized as predicated upon flawed assumptions about the inherent distribution of power and information in the employee-employer relationship and for its brutal harshness upon employees. However, scholars in the field of law and economics such as Professors Richard A. Espstein and Richard Posner credit employment at will as a major factor underlying the strength of the U.S. economy. At-will employment has also been stressed as a significant reason for the success of Silicon Valley as an entrepreneur-friendly environment. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 18. At Will Employment • The at-will rule has its genesis in a rule in Horace Gray Wood’s 1877 treatise on master-servant relations. Wood cited four U.S. cases as authority for his rule that when a hiring was indefinite, the burden of proof was on the servant to prove that an indefinite employment term was for one year. • The United States is the only major industrial power that maintains a general employment-at-will rule. Canada, France, Germany, Great Britain, Italy, Japan, and Sweden all have statutory provisions that require employers to show good cause before discharging employees. Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 19. Departures • August 2012 Connecticut • Picking up my German Shepherd pup • http://www.wilhendorf.us/Wilhendorf/For_Sale.html • August 2012 Key West, FL • Visiting with friends • October 2012 London • Screenwriters convention • http://www.londonscreenwritersfestival.com/ • November 2012 - November 2013 Hilton Head, SC • Writing two books and one screenplay • December 2012 • Cruise to celebrate my November 55th birthday • [Senior discounts !] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]
  • 20. Robert G. von Kampen, Ph.D. Hilton Head, SC USA RAPSD, LLC [rap-suh-dee] Robert G. von Kampen, Ph.D. www.rapsd.net RAPSD, LLC [rap-suh-dee]

Editor's Notes

  1. Click on music [Chris Rea – On the Beach]
  2. Click on music [Chris Rea – On the Beach]
  3. Take about four minutes. Write down, say, 5 of your Passions. [Play Mermen]
  4. Click on Music [Boombadoom]