Millennium Training
Entrepreneur Program
Step One: Getting Started
Research
Research
is for your business what the four food groups are for your body: it is fuel; it
is nourishment; it is essential for health and growth. Before starting a
business, the entrepreneur needs to prepare a business plan. Before preparing a
business plan, the entrepreneur needs to do a little homework, otherwise known
as research. Research provides the “what,” “where,” and “how much” that every
business owner needs to know to be successful. Keep up with your homework, and
the whole process of starting and running a business will go much more smoothly.
Your research will also create the foundation for all financial projections that
you will make related to your business. Do a thorough job conducting your
research and you will create a sound foundation for your future financial
projections and for the future health of your business.
What? Where? How Much?
The
first thing an entrepreneur needs to determine before starting a business is:
Look
at your interests, your past experience, your skills. For example, if you spend
your weekends taking car engines apart and putting them back together, perhaps
you could operate a successful auto repair shop. If your whole family raves
about your cooking, you may want to consider opening a catering business. If you
have a knack for creating beautiful flower arrangements, consider becoming a
florist.
If you
need help coming up with ideas for your business, you may want to visit your
local library. Ask the librarian for assistance in finding a helpful book or
magazine. Here are some ideas for books:
201 Great Ideas for Your Small Business: Revised &
Updated Edition,
by Jane Applegate
Turn Your Talents into Profits: 100+ Terrific Ideas for
Starting Your Own Home-Based Microbusiness, by
Darcie Sanders and Martha Bullen
What Color is Your Parachute, by Richard Nelson Bolles
The 100 Best Businesses for the 21st Century, by
Gregg Ramsay and Lisa Rogak
Here
are some web sites that might help you come up with ideas for your small
business:
http://www.entrepreneur.com
– This is the web site for Entrepreneur magazine.
http://www.sba.gov/library/pubs.html
–This site will take you to the U.S. Small Business Administration’s on-line
reading room. Peruse this site for articles related to developing an idea for a
business to start.
http://www.sbomag.com
– This is the web site for Small Business Opportunities magazine.
http://pandecta.com/index.html
–This web site contains ideas for starting on-line businesses.
Once
you know what you want to sell, the next step is finding out as much as you can
about your chosen business. Skipping this step is like building a brick house
without mortar. The research you complete here will help you determine sales and
income projections, the size of your market, and facts about your competition.
In the United States, all types of businesses are classified with a number. This
classification system is called the North American Industry Classification
System, or NAICS. Formerly it was known as the Standard Industrial
Classification (SIC) system. The NAICS classifies 1,170 industries, of which 565
are service-based. It is very specific in its classification. For example, a
search using the word “food” produced forty-three matches, ranging from “Food
Service Contractors” (number 722310) to “Food Machinery Repair and Maintenance
Services” (number 811310). Each match is broken down even further. Select “Food
Service Contractors” and the classification is broken down into seven more
specific categories ranging from “Airline Food Service Contractors” to
“Industrial Caterers.”
To
find out the classification number for your business, go to the U.S. Census
Bureau’s web site (http://www.census.gov/epcd/naics/framesrc.htm).
You will be prompted to enter a word related to your business. For example, if
you want to manufacture garden furniture, you could enter “garden.” From the
list of businesses with “garden” in the description, there are three related to
“garden furniture.” Once you know the NAICS number assigned to your business,
you will be able to find out a lot of information about your specific industry.
To
find out more about your industry once you know your NAICS number, go to the
part of the Census site that contains data from the economic census (http://www.census.gov/epcd/ec97/us/US000.HTM).
On this page, you can find information such as the number of retail trade
establishments in your area. At the top right-hand side of the page, there will
be a drop-down box from which you can select a location in which you are
interested. Then once the data appears, click on the arrow located on the far
left in the row next to the category in which you are interested. Clicking this
arrow will make your search more specific. Continue clicking the arrow until the
industry you are interested in appears.
Once
you know what product or service you want to sell, you will want to find out who
will buy it. Years of experience may have given you an excellent idea of who
your customers will be. For example, if you are opening a shop that sells
designer wallpaper, you may know that your customers have higher incomes and own
their own homes. If you don’t really know who might be interested in what you
are selling, do some homework. In both cases, once you have a general idea about
your customers, you will want to find out their specific characteristics and
where they can be found.
Decide what you know.
The
first step of all research is to write down what you already know. So write down
what you now know about your customer. The next step is to write down what you
don’t know. You know that the customers for your designer wallpaper shop have
higher incomes and own their own homes. You don’t know their age, their race,
the neighborhoods they live in, their religion, their education level, etc. What
might motivate them to buy your product? So make a list, and then find the
answers to these questions.
How?
Determine what information is already available. If the information you need is
not currently available, you can gather it yourself. If you're opening a
designer wallpaper shop, stop by the designer wallpaper shop in the neighboring
town and see what its customers look like. Develop a brief survey and take it to
an area of town where people who would purchase your product shop, live or
congregate. Ask the questions on the survey to some of these people to gauge
their interest in your shop. Offer coupons for a discount in your store (once it
opens) if they answer the questions. You may also direct your survey questions
to people on a random basis.
Ano
ther
way to increase your understanding of your potential customers is to form a
“focus group.” Gather together a small number of people whom you think may be
interested in your business. Ask several open-ended questions and encourage a
discussion. Take notes.
The
type of information you gather from this kind of research is known as “primary
data.”
Before
deciding where to locate your business, you will want to find out about your
competitors. Who are they? How many are they? Where are they located? Although
there are exceptions, you probably will not want to locate your small business
close to someone who would be in direct competition with you.
Finding out as much as possible about your competitors will help you in many
ways. You may be able to avoid mistakes they made. You will gain information
that will help you with decisions about where to locate your business, what to
charge for your products or services, and ways to advertise your business.
How do
I find out about my competitors?
If you
have completed research about your industry and about your customers, you have
already done some of the necessary homework for finding out about your
competitors. Industry research will let you know, for instance, how many other
businesses like yours are operating within your city or county. Customer
research will guide you to where your potential customers are shopping and why.
As part of your competitor research, you may want to ask potential customers
survey questions geared to discover information about the competition. If they
currently use products or services like yours, where are they buying them? What
are they paying for them? What do they like and dislike about your competition?
C:\Program Files\Interactive Educational Concepts Inc\National EntrePlan
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your industry and customer research guides you to who your competitors are visit
their web sites (if they have one). You can learn a lot from a visit to your
competitors’ web sites. For instance, they may have information about prices,
services, locations and contact information. The look and features of the web
site itself will give you an idea of your competitor’s professionalism and
possibly his or her resources as well.
After
visiting web sites, you may want to call your competitors directly to find out
more about them. Ask the kinds of questions a customer would: questions about
the prices they charge, the types of products and services they sell, turnaround
time for service, etc. If your competitor has a shop, visit it for ideas about
products and advertising.
Another way to find out about your competitors is to talk to other business
owners who have had dealings with them. What kind-of service did they provide?
What were the pros and cons of working with them?
Where
Should I Locate My Business?
If
you have conducted research on your industry, your potential customers and your
competitors, you have completed much of the homework you should do before
deciding where to locate your business. For instance, if you find out from your
research that your customers are only willing to travel fifteen miles out of
their way to visit your shop, you will want to open it close to a neighborhood
where many prospective customers live. If you are opening a donut shop, you will
probably want to make sure you do not open on the same street as a nationally
known donut shop.
Additional things to consider when deciding on a location include taxes, laws
and permits, roads and facilities, incentives that might be offered to new
businesses, access to interstates, availability of warehousing, and
complimentary businesses located nearby. For instance, a shop selling wedding
dresses might do well located close to a bakery selling wedding cakes. Another
consideration is the cost of operating in a certain area related to the benefit.
For example, perhaps your business does not need to be located in a high-rent
mall. Keep in mind alternative locations for businesses.
One
such alternative is a "business Incubator", which provides office space and
office amenities, such as a receptionist, for small businesses. And, of course,
many choose to run their small businesses from home. If you decide to operate
from home, make sure you will be able to meet any county and state regulations
related to running your particular home-based business.
You
have a great idea for your business and you have found the best place to locate
it. You know who will buy your product or service and you know who your
competitors are. But starting and running your business is going to take cash,
possibly a lot of cash.
Working
capital, otherwise known as cash, is the oxygen that keeps your business
breathing. Without enough working capital, your business’s vital functions will
fail. It won’t be able to meet its daily requirements for living, such as
purchasing supplies, paying rent, and paying salaries. In a word, before
creating your business, make sure you will have enough money to keep it alive.
Inadequate capital is the most common reason given for the high failure rate of
small businesses.
Where are you going to find the funds to start and run your business
successfully?
There
are several steps to take to ensure that your business will have enough capital
to start and continue running.
1)
Complete your
Business Plan
The
Business Plan includes a section about Financial Matters. Within this section,
you will tabulate financial data and projections related to your business.
The
Financial Plan portion of the Business Plan includes: a) Start-up Expenses; b)
An Estimate of Future Sales; c) Estimated Cost of Units Sold; d) Fixed and
Variable Expenses; e) Cash Flow Projections (very important); and f) A
Break-Even Analysis.
2)
Determine how much capital you will need to start your business and to keep it
running. Based on the estimated projections contained within your Business Plan,
you will be able to determine how much money you will need, both to start your
business, and to keep it humming.
3)
Determine how much cash you have available through personal sources that you are
willing and able to use to fuel your business. (Personal sources include:
savings accounts, insurance policies, stock and other investments, second
mortgages, and donations from friends and relatives.)
4)
Figure out how much money you will need for the business after you have
contributed all of the personal funds that you are able and willing to
contribute.
5)
Find a source for the remaining needed funds. Other sources include:
a.
Debt. Debt is a loan made to you or your business. Sources of debt lending
include banks, credit unions, federal lending programs and state financing
programs.
b.
Equity. Equity is ownership rights and privileges in your business that you
give away in return for capital. Businesses seeking this type of financing must
become a Partnership, Corporation or Limited Liability Company.
c.
Alternative Funding. Alternative means of funding include: suppliers who
provide concessions, such as extended payment periods and discounts; and grants.
6)
Prepare a written Financing Proposal.
The Financing Proposal is used to secure loans and equity financing. Before
preparing the Financing Proposal, complete the Financial Plan portion of the
Business Plan. This section of the Business Plan will contain much of the
information and data you will need for the Financing Proposal. The Financing
Proposal contains the following:
a) Cover Letter;
b) Summary (contains the purpose of the financing, amount and terms requested,
how the funds will be repaid, and collateral);
c) Details on how the capital invested or loaned will be used;
d) Details on Collateral (if seeking a secured debt);
e) Information on the financial return for investors (if seeking equity
financing); and
f) Your prepared Business Plan (Financial data and projections are particularly
important).
If you
follow the steps above, you will equip your business with the cash it needs to
breathe, both
Programs and Incentives for Minority & Women-Owned Small Businesses
Minority and women-owned small businesses face unique challenges. Fortunately,
there are many programs geared to help them meet these challenges and succeed.
What is a Minority Business Enterprise?
The
United States Small Business Administration (SBA) defines the demographic group
that includes minorities as "socially disadvantaged" and defines that
description within its website as:
"Socially disadvantaged individuals are those who have been subjected to racial
or ethnic prejudice or cultural bias because of their identity as members of a
group. Social disadvantage must stem from circumstances beyond their control. In
the absence of evidence to the contrary, individuals who are members of the
following designated groups are presumed to be socially disadvantaged:
The Business Plan
You
will be able to use much of the research you have completed when compiling and
writing your business plan. The business plan is the blueprint or map for your
business. Compare starting your business to going on a vacation. Your vacation
will go much more smoothly with a plan. What week is best for the whole family
to be away from home? Where do you want to go? How will you get there? Do you
need a reservation? Will you have enough money for the trip? Without putting
forethought into the trip, you might never leave your driveway. It’s the same
with starting a business. In order to have the best chance of a smooth and
successful venture, do some homework, consisting of research, analysis and
planning. A business plan greatly increases your odds of success.
Your
Final Decision: Analyzing the Facts
If the
word “Analysis” makes you shudder and recall hated classes in science or math:
relax. Analysis is just a way to make sense out of research. Analysis helps you
figure out the answers to the questions you had when you started your research.
Your Business Decision
Look
at the list of things you wrote down before you started your research. If you
were uncertain about the type of business you wanted to operate, start with your
list of questions. Now look at what you wrote down about your skills, interests
and past experience. Compare your personal expertise and passion to information
you gathered about different industries and opportunities. By comparing your
questions (what you didn’t know) to the answers (information you gathered during
the research process), you should be able to come up with a viable business that
you would be both interested in starting and qualified to start.
By
looking at the secondary data and primary data (if needed) that you collected
about your potential customers, you will be able to get a clear idea of who will
be interested in buying your product or service. Knowing your customers will
help you decide if your business idea will work because you will know if you
have enough buyers to be profitable. Knowing your customers will also help you
later when you put together a marketing plan for your business.
Your Competitors
The
information you gathered on your competitors is invaluable. From it, you can
find ideas about what you should charge for your product or service, how you
should market your business, where you should locate your business, any area not
addressed by the competition in which you could specialize, and if the
competition is too fierce in your industry. If you decide that your industry is
already choked with competitors, try to come up with a niche or specialty, or
start the research process again, choosing a different business.
Your Business Location
Again,
your research should direct this decision. After completing your research, you
will know where your competitors are located; the cost versus the benefit of
operating in different locations; and any rules, regulations and incentives for
locating in a certain area. Armed with this knowledge, you can evaluate the pros
and cons of different areas, and decide where to locate your business.
What Is My Business Objective?
Once
you have found answers to your questions and studied your answers, you are ready
to set your business objective. Your objective is what you want to achieve. It
is a mission statement. For example, if you want to start a house cleaning
business, your objective might be to “offer affordable, reliable, high-quality
cleaning service to families in (your county, city or town).” From a main
objective, you can then decide on short and long term goals for your business,
and the strategies you will use to reach them. Setting and reaching these goals
will be covered in the Marketing section of the
Business Plan
you will write.
After
researching your industry,
setting a business objective, choosing a location, and finding out who your
customers and competitors are, you are ready to do some preliminary marketing
analysis. A first step in determining how to market your business is to prepare
a SWOT Analysis. SWOT stands for “Strengths, Weaknesses, Opportunities, and
Threats.” Based on your research, you should be able to list the strengths,
weaknesses, opportunities and threats that apply to your business. Armed with
this list, you will be better equipped to position your product or service in
the marketplace. “Positioning” your product or service means finding the right
way to promote it, package it, price it, and place (where to sell and
distribute) it. A SWOT analysis is similar to making a list of pros and cons
before making a big decision.
|
Sample SWOT Analysis
Jane Taylor is opening a pet-sitting service. After doing her
research, she prepares a SWOT analysis. |
|
|
Strengths
*20-years of experience volunteering with animal rescue groups;
|
Weaknesses
*No experience in accounting, computers or other skills needed to
run a business |
|
Opportunities
*People work long hours & travel & need a reliable person to take
care of their pets while they're away. |
Threats
*The county in which she lives already has two pet-sitting services,
both focused on the care of dogs and cats. |
|
Analysis:
Jane decides to market her pet-sitting service in a county adjacent
to the one in which she lives because the two most popular
pet-sitting services in the region do not operate there. Because
many people in this county commute 45-minutes each way to Richmond
to work, she believes they will need someone to give their dogs a
break while they are working. Jane also decides to expand her
business and offer care for horses, as well as house pets, since
many of the residents in this rural county own horses. Finally, she
decides to hire a part-time bookkeeper to maintain the business’s
records, so that she can focus on what she loves: taking care of
animals. |
|
Conclusion
Analyzing the research data you collected will help you make decisions. If you
wanted to build a house, you would first think about the type of house in which
you would like to live; you would research neighborhoods and land prices; you
would talk to architects and contractors. You would do your homework. If you
didn’t, you would end up like the pig who built the house out of straw. You
would soon be homeless. Do your homework when building a business: finish your
research and analyze your findings. Your business will then have a sound
foundation. On this foundation, you can build the sturdy walls of a sound
financial plan to hold it together and the reliable roof of good marketing to
protect it from the elements. Then the wind and rain of competition, changing
consumer demands, and improper planning will not blow it to pieces.
Step Two: Operating a Business
Business Structure
Starting
a new business requires making many decisions. A business owner is, by default,
a decision-maker. Fortunately, resources at the local, state and federal levels
abound to assist you with decisions related to starting and running your new
business.
Decision: Business Organization
Once
you know the type of business you wish to operate, you will need to decide on
its organization. Will it be a sole proprietorship, a partnership, a
corporation, or a limited liability corporation? Perhaps these choices sound
confusing, but once you understand the pros and cons of each, your decision
should be easy to make.
The Different Types of Business Ownership
Usually there are no special requirements in most states to form a sole
proprietorship. Simply register your trade name and obtain a business license
and you will be in business in most localities.
|
Pros.
The biggest advantages to a sole proprietorship are:
Con.
The biggest disadvantage to a sole proprietorship is: |
A
business partnership is created when two or more persons agree, in person or in
writing, to start a business. To form a partnership in most localities, you will
simply need to register your trade name, and obtain a business license. To find
the specific requirements for forming a partnership in your locality, please
contact your local economic development department.
The
two main types of partnerships are:
General and Limited.
General Partnership
A
general partnership is the easiest type of partnership to form. One additional
step which you may wish to take if forming a general partnership is preparing
and signing a partnership agreement. Partnership forms should be prepared by
your attorney.
The
biggest disadvantage to a General Partnership is that each partner is liable for
the whole business. To explain this, here is an example:
|
|
You
are also responsible for any poor business decisions Joe may have made. Compare
it to a marriage. If your spouse buys a house in an unsafe neighborhood while
you are away on business, you are just as responsible for the house payments as
your spouse is, even though it wasn’t your decision to buy the house.
Limited Partnership
A
Limited Partnership is similar to the general partnership, with several major
exceptions. There are two actual classes of partners that make up the
partnership: General Partners and Limited Partners. General Partners have the
same pros and cons as in a general partnership above; however, each Limited
Partner in a limited partnership is only liable to the extent of his or her
individual investment. Limited Partners have no say in the day-to-day operations
of the company; the General Partners actually manage the company. In essence, a
limited partner is an investor. In the case of the Water Works example above, a
limited partner’s loss would only amount to the investment made in the company.
The company might fold due to one of the general partner’s poor decisions, but a
limited partner would not have to bear financial losses above what was initially
invested in the business. However, general partners (those that manage
day-to-day operations) may have the same liabilities as under a general
partnership.
A
limited partnership is a bit more complicated (and expensive) to start than a
general partnership. In addition to registering your trade name to protect it,
you must file a Certificate of Limited Partnership with the State Corporation
Commission.
|
Pro.
The largest advantages of the partnership are that it is relatively
simple to start a business this way, and it allows the business to
benefit from a combination of talents. Another advantage, in the case of
a limited partnership, is that each limited partner is only liable to
the extent of his or her individual investment.
Con.
The largest disadvantage with a general partnership is that you are
personally responsible for more than half of the business’ losses, if it
incurs losses. And you are also responsible for your partner’s business
decisions, even if they are bad decisions. Also, as in the case of the
sole proprietorship, with a partnership, you and your partner are not
protected from liability related to the business. For instance, if an
unhappy customer sued you, you could lose personal belongings, like your
car.
|
A
corporation is a legal entity that is separate from the people who own it.
Shareholders govern the corporation indirectly by electing people to manage it.
Forming a corporation is somewhat complicated, and you may want to enlist the
assistance of an attorney if you choose to organize your business this way. To
form a corporation requires filing Articles of Incorporation with the State
Corporation Commission and paying filing fees and other initial fees.
In
addition, a corporation, once formed, must comply with several formalities, such
as holding regular meetings and maintaining explicit records.
There
are several different types of corporations:
C Corporation
This
is the most common form of incorporation for America’s largest companies. The
letter “C” simply refers to a subchapter of the IRS for corporate tax purposes.
The separate nature of the C Corporation creates advantages and disadvantages.
C:\Program Files\Interactive Educational Concepts Inc\National EntrePlan
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the C Corporation is separate from its owners, also known as shareholders, the
owners may be taxed twice for any profits. That is, the corporation pays taxes
on its profits. Then the corporation distributes the profits to the shareholders
in the form of dividends. The shareholders then pay taxes on these dividends.
This is known as double taxation and is considered a disadvantage of forming a
business this way. Pending legislation, however, may change this form of double
taxation. Be sure to check with your accountant.
An
advantage is that the shareholders are only responsible for the company up to
the amount of their personal investment. They may lose all of their stock in a
corporation if it goes belly-up, but they will not lose their homes or other
personal belongings.
S
Corporation
The
S Corporation shares much in common with the C Corporation. Like the C
Corporation, it is owned by shareholders who do not bear personal liability for
the losses of the corporation. Also, the same filing requirements and formal
rules apply to both types of corporations.
There
are several differences between the two types of corporations, however. A major
difference and an advantage of the S Corporation is that its shareholders will
not be taxed twice for the company’s profits. All profits are passed through to
the shareholders’ individual income tax statements.
Another difference is that the S Corporation cannot have more than 75
shareholders, while the C Corporation can have an unlimited number of
shareholders. For this reason, larger corporations are C Corporations.
Other Types of Corporations
There
are several other types of corporations, including: professional corporations
(operated by licensed professionals, such as doctors and lawyers), nonprofit
corporations, and cooperatives.
|
Pro:
An advantage is that the corporation is a separate legal entity from the
individual(s) owning it. This means that if someone sues the
corporation, shareholders are only liable for the corporation up to the
amount of stock they own.
Con:
A disadvantage is that it may be more complicated and more expensive to
start a business this way. There are ongoing regulations to abide by and
fees to maintain when you run a corporation. |
A
Limited Liability Company (LLC) is not a corporation. It is a distinct form of
business ownership that combines features of the corporation with features of
the partnership or sole proprietorship.
Forming an LLC is similar to forming a corporation. Articles of organization
must be prepared and filed and fees must be paid. You may wish to consult an
attorney if you choose to form an LLC.
An LLC
is like a corporation in that it provides liability protection for its owners.
It is like a sole proprietorship, partnership or S Corporation in that it
protects its owners from double taxation: profits are accounted for on the
individual owner(s)’ income tax returns. The LLC owners may choose to operate
the LLC like a corporation, and elect managers to run it, or they may choose to
operate like a partnership and manage the company themselves. A single person
may also operate an LLC.
|
Pros.
The major advantages include:
Con.
It is somewhat complex and expensive to form an LLC. |
Starting
a business is easier than you might think. In the case of a sole proprietorship
or general partnership, often the only requirement is that you register your
business and its trade name and you will be in business. Some states and
counties do not even require a business license for many businesses.
To
find out if a business license is required in your locality and for information
about licensing your business, please contact the Commissioner of Revenue or tax
agency in your state, city or county government entity. Some areas may require
that you come in person to apply for a license and other areas may allow you to
apply for your license on-line or by mail.
C:\Program Files\Interactive Educational Concepts Inc\National EntrePlan
Interactive Guide\help.htmlAs
your business grows, so will the requirements. As you make money, you pay taxes.
In general, businesses are required to report tangible personal property used in
the transaction of business and to pay taxes on this property. Many businesses
must also collect, report, and remit appropriate fiduciary taxes. Fiduciary
Taxes are collected by businesses on behalf of the city or state.
For
more information about tax requirements in your state, city or county, please
contact your local economic development department and/or your local
Commissioner of Revenue.
If
your business is a corporation, a limited liability company or a limited
partnership, you must research what your state requires for specific types of
businesses. Please visit your particular state government website for more
information on state requirements.
The
U.S. Small Business Administration has many local resources that can help you
start your business.
Click
here
for a map to find the agency closest to you.
Many
Federal business regulations for small businesses relate to taxes and
employment. Your business may be required to obtain an Employer Identification
Number (EIN). This number identifies your business to the Internal Revenue
Service and the Social Security Administration.
Other
Federal requirements for businesses deal with environmental issues. As a small
business owner, you should be aware that, depending on what type of business you
own, you may have to abide by health and safety requirements. In addition,
federal law requires that certain specialized businesses obtain and maintain
licenses. The following types of businesses require a federal license:
Information about federal permits may be found at:
http://business-law.freeadvice.com/permits.htm.
Laws change, so if you are in doubt as to whether a special federal license is
required for your business, consult an expert.
Step Two: Operating a Business > Managing Employees
Unless
you plan to run your business by yourself or with one or more partner(s), you
will have to manage employees. If your business depends on its employees to
thrive, remember these two rules:
1)
Hire smart, capable people; and
2) Retain the smart, capable people you hire.
Hiring Smart, Capable People
Different people are suited for different types of occupations. If you need a
mechanic for your auto repair shop, you will look for someone with different
skills and interests than the CPA who is looking for an accountant to help with
her tax preparation business. Write a complete job description of the position
you want to fill. Thinking about and writing down the specific skills and
attitudes needed to complete the job at hand will help you find the right
person. Once you have your job description, you are better equipped to both find
and hire your new employee.
You
may already have the perfect person in mind or be able to fill your opening from
a personal reference. If not, there are many ways to advertise for employees,
including trade journals relevant to your field; Internet sites; and, of course,
the help wanted section of your local newspaper. The method you choose will
depend on the position you are filling. For instance, placing a “help wanted”
poster in the window of your coffee shop may be all you need to do to get
qualified applicants for the open counter position, but this method will
probably not work if you are trying to hire a computer programmer.
For
information on hiring:
http://www.businesstown.com/hiring/hiring-top.asp
http://www.businesstown.com/hiring/hiring-advice.asp
After
completing the job description and finding one or more qualified applicants, the
next step is making a job offer and hiring someone. You will probably want to
interview your applicant(s). You may have a good idea of the applicant’s skills
and experience based on his or her application or resume, but the interview will
provide you an opportunity to get to know the person’s personality and level of
enthusiasm. Do you click with your applicant? Personality and attitude are
important factors to consider. You want to hire someone with whom you get along
and who will function well in the position. For instance, someone with a
friendly, outgoing demeanor would probably do well in a customer service
position, whereas, an introverted person may perform well in a position as a
bookkeeper. For sample interview questions,
click
here.
The
following table (from
NOLO.com)
gives information on questions that can and cannot be legally asked during a job
interview. Please note that these questions are not necessarily all-inclusive.
|
Subject |
Lawful Inquiry |
Unlawful Inquiry |
|
Age |
Are you 18 years of age or older? (To determine if the applicant is
legally old enough to perform the job) |
How old are you? |
|
Marital status |
Is your spouse employed by this employer? (If your company has a policy
against nepotism) |
Are you married? |
|
Citizenship |
Are you legally authorized to work in the United States on a full-time
basis? |
Are you a native-born citizen of the United States? Where are you from? |
|
Disability |
These [provide applicant with list] are the essential functions of the
job. How would you perform them?
|
Do you have any physical disabilities that would prevent you from doing
this job? |
|
Drug and alcohol use |
Do you currently use illegal drugs?
|
Have you ever been addicted to drugs? |
For further information on interviewing:
http://www.babyshopmagazine.com/fall00/hourly.htm
After
the interview, always follow through and check references. It is a good practice
to enhance your check of references with a background check. A background check
is especially important for positions in security and law enforcement, health
care, child care, and for positions that involve visits to customers’ homes or
offices or where sensitive information will be handled. Be aware, however, that
there are legal guidelines to follow when conducting background checks.
There
are private companies that can conduct an affordable background check for you.
Conduct an on-line search using the phrase “employee background checks” to find
links to companies which do this type of work. Or look in your local yellow
pages. Remember to check references of the company that you hire to do your
background check!
For
additional information on conducting background checks:
http://www.privacyrights.org/fs/fs16-bck.htm
Keeping the Smart, Capable People you Hire from Quitting
Once
you have a great employee working with your business, treat her or him as you
would a great customer. Everyone is different, of course, and has different
career goals and requirements, but, in general, your employees will want to be
compensated, motivated and rewarded.
Compensation is the combined package of salary and benefits, including health
insurance and time off. Be stingy with a good employee and it may end up costing
you much more than the compensation would, both financially and in terms of the
hassle-factor involved in finding and training a new person when your prized
employee leaves for greener fields.
Motivating your employees will require finding out more about them, since
different people are motivated by different things. Reviews provide a good forum
for discussing issues such as motivation with your employees. They are also
important for accountability and legal backup purposes. Keep records of your
employees’ performance, including documentation of any needed discipline or
reprimanding. Some people may need autonomy and control over a project in order
to feel motivated. Others may require a certain type of work environment or an
opportunity to take classes or receive training. Find out what motivates your
employees and make sure you provide it for them.
Rewards are the good grades of the business world. Provide rewards, such as a
share in profits or even something as simple as verbal recognition, to high
achievers. Let them know they are doing a great job. Rewards help keep morale
high.
For
more tips on retaining employees:
http://www.zeromillion.com/business/employee-motivate.html
Employment Termination
If you
take the time to interview your potential employees and check their references,
you will hopefully hire a great and loyal employee and never have to go through
the rough job of firing someone. But what do you do if the person you hire
steals from your business, is rude to your customers, is unreliable, or is not
getting the job done?
For
some offenses, such as stealing, immediate dismissal might be the best solution.
In other cases, you may not need to fire someone, but just provide additional
training or other assistance. For instance, perhaps an employee clearly is
trying to do a good job, but is making mistakes. More training may be all it
takes to turn this employee into a loyal and capable addition to your staff.
In
other cases, you may wish to give a series of warnings to an employee who acts
in an inappropriate way to give her a chance to change before taking the drastic
measure of firing her. For instance, perhaps you have a policy that your
employees always show up on time for work. If someone is perpetually late, you
could start with a verbal warning. If the poor attendance continues, you could
follow the verbal warning with one or two written warnings. Finally, as a last
resort, you may decide to fire the employee.
Sometimes you may have an employee who breaks a rule (such as showing up on
time), but does an exceptional job. In this case, you may wish to overlook a
rule. The product, in this case, the work completed, may be more important to
your business than the process, in this case, the time in which the employee
comes in to work. Remember that people have different personalities and
different requirements for a work environment in which they can perform their
best. Another idea is to discuss with your employee reasons for his or her
misconduct. In the case of the employee who is late, maybe the employee has
another obligation, such as getting a child to day care or school. You may be
able to work out an adjustment in your employee’s schedule. An employee with
less stress and who feels that you are on his or her side will be more likely to
work hard and remain loyal to you.
If all
remedies fail and you do have to fire someone, there is no easy way around it.
One way to fire an employee is to call the employee into your office or another
private work area. Explain the reasons why you are letting him go. Point out the
series of warnings that you offered, and give details on how a final paycheck
will be made. Give the employee a letter of termination which you prepared ahead
of time. Above all, make sure you are abiding by all legal requirements related
to firing someone. If possible, try to end the meeting on a friendly note, with
a handshake and a wish for luck.
Letting Someone Go when They are Doing a Great Job
Sometimes you may have to let a great employee go due to budgetary concerns. In
this case, it will be in your and your employee’s best interest to keep
relations between you as excellent as possible. Providing an employee you must
lay off with advance notice, a severance package and assistance in finding other
work are three ways to help keep your relationship with your employee on
positive footing. These steps will help your employee and they will help you
maintain a positive image in the community. Also, if you need your former
employee’s assistance later, he or she will be more likely to help you. As with
firing someone, if you must lay someone off, be sure to follow all legal
requirements.
Additional information on firing someone:
NOLO:
Questions and Answers about Firing Someone
Government Regulations and Taxes
(return to top)
An
important part of managing your employees*
will take place behind the scene. Make sure you take care of all tax and
regulatory requirements related to your employees to keep the engine of your
business humming. These requirements exist at the federal, state and local
levels. It is very important to follow all laws regarding employees. A form is
included at the end of this section to help you keep track of your decisions
related to employees. Consult with an attorney, as needed.
Federal Requirements
(Note: The forms included in this section are current as of 2006. You may check
for changes to any of the forms on the Internal Revenue Service web site at
http://www.irs.gov.
To exit forms and web sites in this section and return to the CD, please click
the X in the upper right-hand corner of your screen.)
General Federal Regulations
Employer Identification Number (EIN)
The
Employer Identification Number, or EIN, identifies the business to the Internal
Revenue Service and the Social Security Administration. It will appear on all
business tax returns and all tax correspondence related to your business.
Although sole proprietorships with no employees may not need an EIN, many states
encourage all businesses to use one since the EIN is often used by state and
local agencies as a means of cross-referencing businesses.
If you
answer yes to any of the following questions, you will need an EIN:
To
apply for an EIN, fill out
IRS
Form SS-4.
You may access instructions for this
form
here.
Application may be made by phone, fax, mail or on-line. For more information on
applying for the EIN, visit the IRS web site:
http://www.irs.gov/businesses/small/article/0,,id=97860,00.html.
Or you may reach them by phone at (800) 829-1040.
Employee Eligibility Verification
The
U.S. Department of Justice, Immigration and Naturalization Service requires all
employers to complete an
Employee Eligibility Verification Form (Form I-9)
for each employee hired. This form provides proof that the employee is eligible
to work in the United States. With increased fears about terrorism, this form
has become more important in recent months.
To
access a copy of the Form I-9 in pdf format,
click
here.
Information on Employee Eligibility Requirements and the form I-9 is available
on the
Bureau
of Citizenship and Immigration Services web site.
If you do not have access to the Internet, you may call 1 (800) 870-3676 to have
the form mailed to you. A complete guide is located on this CD by clicking
here.
Required Posters
Federal
regulations require that companies with employees must post certain posters in a
conspicuous place so that their employees may read them. Four required posters
are listed below. For additional information about these posters or to obtain
information about other posters that certain employers may be required to
display, you may view the Department of Labor web site at:
www.dol.gov/osbp/sbrefa/poster/matrix.htm.
Fair Labor Standards Act (FLSA) Minimum Wage Poster
Employers subject to the Fair Labor Standards Act's minimum wage provisions must
display, and keep displayed, in a conspicuous place a notice related to minimum
wage. An approved copy of this poster is included on this CD, and may be
accessed by
clicking here.
Family and Medical Leave Act (FMLA) Poster
Employers must post, and keep posted, a poster summarizing the major provisions
of The Family and Medical Leave Act (FMLA) and telling employees how to file a
complaint. An approved copy of this poster is included on this CD, and may be
accessed by
clicking here.
Equal Employment Opportunity (EEO) Poster
Employers covered by the non-discrimation and EEO laws are required to display
the poster "Equal Employment Opportunity is the Law" in a prominent place. This
poster gives information about laws and procedures for filing complaints of
violations of the laws with the Office of Federal Contract Compliance Programs
(OFCCP). An approved copy of this poster is included on this CD, and may be
accessed by
clicking here.
Occupational Safety and Health Administration (OSHA) Poster
Employers must display the OSHA poster in a prominent place where all employees
may read it. This poster gives information about the rights of employees to a
safe and healthy workplace. An approved copy of this poster is included on this
CD, and may be accessed by
clicking here.
Federal Tax Requirements (Note: The forms
included in this section are current as of 2006. You may check for changes to
any of the forms on the Internal Revenue Service web site at
http://www.irs.gov.)
There
are three different federal tax requirements for employers:
Income Tax
Social Security and Medicare (FICA)
Federal Unemployment Tax (FUTA)
Income Tax
Employers
must withhold income tax from each employee’s paycheck throughout the year. The
amount withheld will vary based on pay rate, marital status, and exemptions.
Each employee must fill out an
IRS
W-4
form before they begin employment. In return, employers must send an
IRS
W-2
form to each employee showing payments and withholdings no later than January 31
of each following year. By February 28, employers must furnish the Social
Security Administration with copies of all of their employees’
W-2
forms,
as well as the
IRS
Form W-3
(Summary and Transmittal Form). The Social Security Administration submits the
data to the IRS. The table you use to compute how much tax to withhold is on
page 35 of
IRS
Publication 15, Circular E, Employer’s Tax Guide (Revised January 2007).
Employers deposit the withheld tax either monthly, or semiweekly according to
the total payroll amount, and submit it using
Form
941.
“Form
941 Deposit Due Date. If you are a new employer and have never filed 941 forms,
you are a Monthly Schedule Depositor for the first calendar year of your
business unless you are a special exception to the rule. Monthly Schedule
Depositors should deposit taxes from all of their paydays in a month by the 15th
of the next month, even if they pay wages every week.
“Employers with prior payrolls and taxes of $1,000 or more per quarter must
determine if they make either Monthly Schedule Deposits, or Semiweekly Schedule
Deposits. This determination is based on your Form 941 taxes during a four
quarter Lookback Period.” (Source: IRS web site.)
IRS
Publication 15, Circular E, Employer’s Tax Guide
(Rev. January 2007) provides the following information to help employers
determine if they must make monthly or semiweekly deposits.
“Your
deposit schedule for a calendar year is determined from the total taxes (not
reduced by any advance EIC payments) reported on line 11 of your Forms 941 in a
four-quarter lookback period. The lookback period begins July 1 and ends June 30
as shown in Table 1 below. If you reported $50,000 or less of taxes for the
lookback period, you are a monthly schedule depositor; if you reported more than
$50,000, you are a semiweekly schedule depositor.”
|
2006 Lookback Period |
||||
|
2004 |
2005 |
2006 |
||
|
July 1 to September 30 |
October 1 to December 31 |
January 1 to March 31 |
April 1 to June 30 |
Calendar Year January to December |
More
information about this process is available on the IRS web site at:
http://www.irs.gov/businesses/small/article/0,,id=98818,00.html.
Federal Forms Relevant to Income Taxes
For
more tax information related to businesses, consult the IRS web site at:
http://www.irs.gov/.
Keep
in mind that tax laws change frequently, and you may wish to consult an
accountant, attorney or tax expert.
Social
Security and Medicare (FICA)
The
employer and employee share the Social Security and Medicare (FICA) tax. The
employer withholds the employee’s share from each paycheck; the employer must
then match this amount. For information on Social Security and Medicare Taxes,
please refer to page 15 of the
IRS
Publication 15, Circular E, Employer’s Tax Guide.
Small
businesses (reporting $50,000 or less in payroll taxes the prior year) must pay
federal income and FICA taxes monthly; large businesses pay these taxes twice
weekly. The payments are made with Coupon 8109-B directly to a bank. In
addition, these taxes are filed four times a year on
Form
941.
Federal Unemployment Tax (FUTA)
Funds
from the FUTA and the state unemployment tax provide temporary financial relief
to those who become unemployed through no fault of their own. Contrary to
popular belief, employees do not contribute to the FUTA: employers are
responsible for paying 100% of all unemployment taxes. The FUTA amount is based
on an employee’s wages. Employers get credit towards the FUTA based on what they
pay to their state for state unemployment taxes.
Employers file the FUTA annually on
Form
940.
It must be paid at least by January 31 of the following year or quarterly on
Coupon 8109 if a higher payroll requires it.
Click
here for a copy of the IRS Form 940.
Upon
starting a business, state requirements vary. Contact your state's department of
economic development for more information on the following:
Income Tax
Unemployment Tax
Retail Sales Tax
Workers' Compensation Insurance
Miscellaneous Taxes
Local Requirements
Local
requirements related to employment will vary. Please check with your local
economic development department for the latest information on local requirements
related to employment in your area.
* Employers should be aware of the difference between
independent contractors and employees. Classifying an individual as an
independent contractor can make a big difference in terms of federal, state and
local requirements; and federal, state and local taxes. According to the IRS,
the following factors indicate someone is an independent contractor:
1. The
worker hires, supervises and pays her assistants;
2. The worker is free to work when and for whom she wants;
3. The work is done on the worker’s premises;
4. The worker is paid by the job or on straight commission;
5. The worker has the risk of profit or loss;
6. The worker does work for several businesses at one time;
7. The worker’s services are available to the general public; and
8. The worker can’t be fired except for breach of contract.
(Source: IRS)
Conclusion:
Managing Your Employees
To
help keep track of your decisions about employees and requirements related to
employees, you may
click
here
to access an "Employee
Management Form."