Keep the snark to yourself! - Business Management Daily

Sometimes, employees fake or exaggerate injuries in the hopes of getting paid time off. If you suspect that?s going on, don?t get angry and put vindictive roadblocks in the employee?s way.

Instead, treat him the same way you treat everyone else. Process his paperwork, send him off for medical exams and let your insurance carrier determine whether the claim is genuine. This straightforward approach can save you from a jury?s wrath.

Recent case: Ray, a satellite dish installer, earned routine praise for his work ethic and productivity. He was among the highest paid employees in his group.

Even so, when his employer announced a dollar-per-hour raise for those who passed a test, Ray jumped at the chance. However, it turned out he wasn?t eligible for the raise because he already made more than his co-workers. Ray complained.

Shortly after, he claimed he hurt his back on the job. His supervisor sent him to the company?s ?workers? compensation doctor, who diagnosed lumbar strain and said he could return to work with slight ?lifting restrictions.

When Ray returned, he claimed he began hearing snide comments from managers questioning how he hurt himself. He said he heard he was costing the company money and disrupting the workflow because the restrictions kept him in the office instead of in the field installing dishes.

When the workers? compensation carrier requested additional information from the company, someone mentioned they suspected Ray had been angry about the missed pay raise and might have exaggerated his injury. Finally, Ray?s supervisor told him if he didn?t get back to his old job, he?d be terminated.

Ray became upset and begged to keep his job, asking his supervisor to call HR. An HR rep offered Ray FMLA leave, which he took. Then, three weeks after it expired, he was terminated.

Ray sued, alleging retaliation for filing a workers? comp claim.

A jury heard the case and awarded him $750,000 in exemplary or punitive damages, plus another $136,000 in lost wages. The company appealed. It argued that it had a uniform policy that required termination after three days of no-call/no-show.

The appeals court didn?t buy that reason. It noted that Ray wasn?t fired after three days, so clearly the policy wasn?t uniformly applied. Plus, there was no reason to overturn the jury?s conclusions, which were based on the totality of the testimony that arguably showed Ray was treated shabbily. It did, however, eliminate the punitive damages. (Echostar v. Aquilar, No. 08-10-00328, Court of Appeals of Texas, 8th District, 2012)

Final note: Unkind and untrue comments can be the difference ?be??tween a case being tossed outearly or going to a sympathetic jury. When that happens, you will have to spend more time and money on an appeal to reverse the jury?s decision.

Remember, juries are usually made up of people who are or once were employees. They come with their own preconceived notions of employers, especially large corporations. This seldom works to your advantage, especially when the worker who is suing seems vulnerable and genuinely injured.

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nrsmedia.com | Merchant Cash and Capital's Media Financing ...

Merchant Cash and Capital?s Media Financing Division, MediaFactor, Forges Strategic Alliance with Direct Media Sales Specialist, NRS Media
By nrsmedia1

Business cash advance leader, Merchant Cash and Capital, LLC and its advertising and marketing financing division, MediaFactor, announced the creation of a new strategic alliance with direct media services and sales specialist, NRS Media, to provide quick and critical access to financing for advertising to small and mid-sized businesses across the United States and Canada.

The new MediaFactor and NRS Media arrangement will help combine NRS Media?s current and future list of clients with the financing programs that MediaFactor provides. By utilizing MediaFactor, merchants can now afford to advertise and grow their business through local advertising.

?Access to funds for advertising still continues to be a challenge for small and medium sized businesses. By creating our alliance with NRS Media, more businesses will become aware that funding can be secured and that they are more likely to be eligible than they believe,? said Larry Strumwasser, General Manager of MediaFactor. ?Our relationship with NRS Media will be essential in helping us reach these small business merchants with MediaFactor?s financing programs, specifically designed to assist them capture market share in a sluggish economy.?

?NRS Media is a global leader in direct media sales strategy, training and local business acquisition so we?re perfectly positioned to help our clients deliver MediaFactor?s financing options to their customers,? said Steve Olson, President of NRS. ?The MediaFactor financing solution provides a key piece to the puzzle for us so our clients and their customers can have access to capital that they otherwise may not have been exposed to or thought they?d be in a position to qualify for. We expect big things from the alliance for all the parties involved.?

?I?ve always stated that our job is to find ways to say yes to the financing needs of business owners and the strategic alliance between MediaFactor and NRS Media will put us in position to do exactly that,? said MCC CEO Stephen Sheinbaum.

About Merchant Cash and Capital, LLC
Since 2005, Merchant Cash and Capital, LLC has been one of the nation?s business cash advance funding leaders. MCC has provided nearly $500 million in financing to over 12,000 distinct customers and a total of over 20,000 advances. For more information about Merchant Cash and Capital?s media financing arm, MediaFactor, please call 212-448-8370 or visit www.mediafactor.com.

About NRS Media
With U.S.A, South America, Canada and Mexico operations headquarters in Atlanta, Georgia, NRS Media is a global leader in direct media sales strategy, training, and local business acquisition, having designed and executed professionally structured revenue generating solutions for 22 years in over 30 different countries.

In the past 2 years, NRS Media globally helped produce over $370 million in new local self-funded and performance-based revenue for their media partners, through strategic sales initiatives. NRS Media is expert in identifying and executing sales training and revenue generation opportunities that help media businesses succeed, even in the toughest markets. For additional information, please visit www.nrsmedia.com.

Source: http://nrsmedia.com/2013/02/08/merchant-cash-and-capitals-media-financing-division-mediafactor-forges-strategic-alliance-with-direct-media-sales-specialist-nrs-media/

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Stocks pull off lows but still close down

JeeYeon Park , CNBC ? ? ? 58 min.

Stocks finished well off their earlier lows in volatile trading Thursday, as techs recovered, but brewing worries over Europe kept a damper on gains.

The Dow Jones Industrial Average cut its losses, but still finished in negative territory, dragged by Hewlett-Packard and Caterpillar. American Express led the blue-chip gainers.

The S&P 500 and the Nasdaqalso finished off their lows. The CBOE Volatility Index (VIX), widely considered the best gauge of fear in the market, jumped above 14.

Most key S&P sectors were lower, led by materialsand energy.

Apple released a statement saying they will "thoroughly evaluate" Greenlight Capital's proposal to issue some form of preferred stock. Apple added that its management team and board of directors have been in active discussions about returning additional cash to shareholders. Apple is currently sitting on more than $130 billion of cash, more than a third of its market cap. Shares jumped following the company's statement.

Earlier, widely followed hedge fund manager David Einhorn's Greenlight Capital defended his decision to file suit against Apple, saying the tech company needs to do more to unlock value for shareholders. In addition, Einhorn said he is long the tech giant's shares and added his hedge fund Greenlight Capital has owned it since 2010.

Read More:Why Apple's Holding Onto All That Cash

"We've had a great start to the year and everyone's looking for reasons for a pullback," said Art Hogan, managing director at Lazard Capital Markets. "We also went from a hyperactive news flow week to a news vacuum this week ? so we're now turning out focus on things like ECB, G20 and Washington. And when we shift to thinking about things that may go wrong from what's been going right, the market gets nervous."

The euro tumbled against the U.S. greenback after European Central Bank President Mario Draghi said risks to the bank's outlook for the euro zone were to the downside and that the exchange rate is important for growth and price stability. The ECB earlier decided to maintain its main interest rate at 0.75 percent.

"The exchange rate is not a policy target, but it is important for growth and price stability, and we certainly want to see whether the appreciation is sustained," said Draghi at a press conference.

The Bank of England kept its interest rate at 0.5 percent, voting to reinvest 6.6 billion pounds of bond holdings that mature in March and saying it would provide more stimulus if needed.

In addition, a two-day European Union (EU) summit is scheduled to kick off in Brussels, the first since British Prime Minister David Cameron confirmed the country will hold a referendum on EU membership.

Chicago Fed President Charles Evans told CNBC that the central bank policy will remain accomodative until the economy improves. Evan also said while he's optimistic that the economy is improving, the unemployment rate probably won't hit 6.5 percent until mid-2015. January's unemployment rate reading was 7.9 percent. Evans is a voting member of the Federal Open Markets Committee.

Blackberry rallied after Wells Fargo upgraded the smartphone company to "outperform." In addition, the tech firm announced it added former executive vice president of Verizon Richard Lynch and former CEO of Sony Ericsson Mobile Communications Bert Nordberg as directors to its board.

Among earnings, Sprint edged lower after the telecom company said it continued to lose subscribers in the fourth quarter, though the firm still handed in a smaller-than-expected loss and higher revenue.

Akamai plunged to lead the S&P 500 laggards after the Internet content delivery company handed in a disappointing current-quarter revenue outlook. In addition, at least two brokerages slashed their price target on the firm.

Cigna gained after the insurance company beat earnings forecasts and boosted its outlook for the year, thanks to a solid increase in membership and cost controls.

DeVry surged after the for-profit education company blew past earnings expectations and JPMorgan raised its rating on the firm to "neutral" from "underweight." Other for-profit education companies also gained, includingApollo Group and Corinthian Colleges.

New York Times soared after the newspaper company posted higher sales, thanks to a growth in digital subscribers.

Credit Suisse edged higher even after the financial services company posted results that missed forecasts. Meanwhile, CEO Brady Dougan told CNBC the Swiss bank will continue to cut costs aggressively as it seeks to keep profits stable.

Alcatel-Lucent posted a loss for 2012 and reported that CEO Ben Verwaayen will step down once the telecommunications group has found a successor.

Activision Blizzard, Hasbro, LinkedIn and Coinstar are among notable companies slated to report earnings after the closing bell.

On the economic front, weekly jobless claims fell 5,000 last week to a seasonally adjusted 366,000, according to the Labor Department. Meanwhile, productivity fell 2 percent in the fourth quarter, declining by the most in nearly two years, according to the Labor Department's preliminary reading.

And consumer credit gained $14.59 billion in December in a hopeful sign for the economy, topping expectations for $13.4 billion according to a Reuters poll.

? 2013 CNBC LLC. All Rights Reserved

Source: http://www.nbcnews.com/business/stocks-pull-lows-still-close-down-1B8290981

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Study: Microbes to the rescue as oceans acidify

Martin Langer / Uni Bonn

This image shows star-shaped foraminifera from the Great Barrier Reef in Australia. Researchers from the University of Bonn found out that such tiny foraminifera in the oceans can save islands.

By John Roach, Contributing Writer, NBC News

Ancient single-celled organisms called foraminifera may protect coastlines from stormy weather in the coming era of warmer and more acidic oceans, according to a new study.

That?s because the microscopic shelled creatures, called forams for short, each produce about .4 pounds of calcium carbonate per square foot of ocean floor. Calcium carbonate is the limestone material that forms the bedrock of coral reefs and comprises about 4 percent of the Earth?s crust.

Coral organisms also produce calcium carbonate, but they are more sensitive to the increasing acidity of the oceans due to the absorption of carbon dioxide from the atmosphere.

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"Benthic forams excel where reef building organisms fail," Martin Langer, a researcher at the University of Bonn, told NBC News in an email.

He and colleagues studied the range expansion of the star-shaped foram Amphisteginid foraminifera during ancient bouts of global warming and then used that data to build a model to forecast the microbe?s range as the planet warms.

The researchers found the foram will spread 112 miles closer to the poles by 2050 and nearly 190 miles by 2100, assuming warming of 4.5 degrees Fahrenheit. As it creeps towards the poles, it will continue to build up deposits of calcium carbonate.

These deposits, in turn, will offer the type of coastal protection that coral reefs provide today, according to Langer. If so, is it possible to expedite the spread of forams to build in this coastal resilience?

"Needs to be tested," he said. "Some South Pacific reef islands, where forams are the major producers of (calcium carbonate), are equally resistant to the ongoing climate change as the typical coral reef islands."

The findings were published Wednesday in the journal PLoS One.

John Roach is a contributing writer for NBC News. To learn more about him, check out his website.?

Source: http://science.nbcnews.com/_news/2013/02/07/16888510-study-microbes-to-protect-coasts-as-oceans-acidify?lite

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HP tells Chinese factories to stop raiding schools for cheap labor

We know that HP's Chinese sub-contractors enjoy a spot of opera on the production line. What's always been harder to determine though, is who those workers are and what employment rights they have. In an effort to preempt the sort of headlines that have afflicted other brands, HP has issued new guidelines to its Chinese partners -- including Foxconn -- designed to limit the use of students and temporary personnel and give those people more control over their hours.

Students often seek work during vacations, but high schools close to factories have also been known to pressure their pupils into taking on shifts during bouts of heavy demand -- even if it's to the detriment of their studies. That won't do for a global manufacturer that needs to be seen as education friendly, so from now on "interns" will only be accepted for work that tallies with their course area, and the School Administrator will just have to find his kickbacks elsewhere.

Filed under: Misc, HP

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Source: New York Times

Source: http://feeds.engadget.com/~r/weblogsinc/engadget/~3/DtwNpOh07yg/

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Paraguay presidential hopeful Oviedo dies in crash

ASUNCION, Paraguay (AP) ? Paraguayan presidential candidate Lino Cesar Oviedo has been killed in a helicopter crash, authorities said Sunday, ending a dramatic political career that included coups and repeated attempts to lead this impoverished 6.5 million-person country.

Oviedo was returning with his bodyguard from a political rally in northern Paraguay Saturday night when his pilot encountered bad weather. All three were killed in the crash, said Johnny Villalba, a spokesman for Paraguay's airport authority.

Defense Minister Maria Liz Garcia said she traveled to the scene Sunday with Oviedo's daughter, congresswoman Fabiola Oviedo, and confirmed that the helicopter "disintegrated."

"One resident who lives near the accident scene said they heard a single explosion Saturday night," she added. "The aircraft ended up disintegrated and out of respect to the families of the victims, I won't release details about the cadavers."

The air traffic control tower in the provincial city of Concepcion received the pilot's last communication, Garcia said ? a brief message that they were changing course due to a storm at 9 p.m. local time.

Lino Oviedo, 69, was running in April's elections as leader of Paraguay's third-largest opposition party, the National Union of Ethical Citizens.

A retired general and former army chief, Oviedo had tried for years to take the helm of his nation, and not always through democratic means.

As a colonel in 1989, Oviedo had been tasked with taking prisoner none other than Alfredo Stroessner, the feared dictator who had ruled Paraguay since 1954.

That bloody military coup sent Stroessner into Brazilian exile, but did little to diminish the hold on Paraguayan politics that his Colorado Party had cemented. Oviedo's role in the ouster was rewarded with a meteoric rise through the ranks of the army.

A diminutive cavalry officer, only 5-foot-3 inches (1.62 meters) tall, Oviedo was promoted to brigadier general three months after capturing Stroessner. By 1992, he had become a division general, and then President Juan Carlos Wasmosy named him army chief.

Membership in the Colorado Party had been a requirement for any officer during the dictatorship, but Oviedo's constant involvement in party politics generated frictions with the president.

In April 1996, a short-lived coup in which Oviedo participated and other maneuverings led to his firing and forced retirement. He ran as a candidate to succeed Wasmosy, winning the Colorado Party primary ahead of the May 1998 presidential elections, but was then convicted in a military court for his role in the coup, ending his candidacy.

His would-be vice president, Raul Cubas, instead won the election and immediately ordered the release of Oviedo, despite the judiciary's rulings.

Oviedo had an irrepressible desire to govern, and quickly became known as the power behind Cubas, angering other political leaders.

Cubas' vice president, Luis Maria Argana, was assassinated in 1999, and the slain man's relatives and followers accused Oviedo of being the mastermind. Cubas resigned in the resulting turmoil and Oviedo fled the country and renounced his Colorado Party membership, founding the UNACE party.

Facing Paraguayan arrest orders in the Wasmosy case, Oviedo remained a political refugee in Brazil until 2004, when he returned and was convicted.

The Supreme Court later exonerated Oviedo after military officers denied there had been a coup attempt, freeing him to run for president in 2008. He came in third, splitting the vote that gave former Catholic bishop Fernando Lugo the presidency and ended 60 years of one-party rule by the Colorado Party.

Oviedo was born in the small village of Juan de Mena, outside Asuncion, on Sept. 23, 1943. He graduated from the nation's military academy, and married Raquel Marin, an Argentine, with whom he had three children. Oviedo also had other children with two Paraguayan women before his marriage.

Oviedo's family now maintains his legacy in his UNACE party: His children Fabiola and Ariel are deputies in Congress, and his nephew, Lino Cesar Oviedo Sanchez, is a senator.

Oviedo "had an enormous capacity for work. At 5 a.m. he was in his office, receiving people until midnight, usually the poor, who came to him from their villages seeking help," former Sen. Enrique Gonzalez, a longtime political ally, told The Associated Press.

"He was an individual with great charisma, he spoke (Paraguay's indigenous language of) Guaran? perfectly, and he wove jokes in Guarani into his speeches. He had the spiritual strength to put up with being persecuted. His military preparation enabled him to put up with extreme situations. In December, he even managed to come out of a Brazilian hospital with two stents after a heart operation with more enthusiasm than ever."

U.S. Undersecretary of State Peter Romero had declared after the Wasmosy affair that Oviedo "lacks democratic credentials."

Gonzalez took issue with that label, noting that Oviedo also "founded a political party and participated in elections, building it into Paraguay's third-largest political force."

Source: http://news.yahoo.com/paraguay-presidential-hopeful-oviedo-dies-crash-134245751.html

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Turkish far-left group claims responsibility for US Embassy attack

SITE Intelligence Group via AFP - Getty Images

This image released by the SITE Intelligence Group on Feb. 2, shows a man identified as Ecevit Sanli on the website of the Revolutionary People's Liberation Party-Front, a Turkey-based radical Marxist-Leninist group, that claimed responsibility for the suicide bombing at the U.S. Embassy in Ankara on Feb. 1.

By Becky Bratu, Staff Writer, NBC News

The Turkish far-left group DHKP-C claimed responsibility for a suicide bomb attack on the U.S. Embassy in Ankara, according to a statement on a website linked to the group, news agencies reported.

The statement posted Saturday on "The People's Cry" website said Ecevit Sanli carried out "an act of self-sacrifice on Feb. 1, 2013, by entering the Ankara embassy of the United States, murderer of the peoples of the world," according to Reuters and The Associated Press.

The DHKP-C's statement also called Turkish Prime Minister Tayyip Erdogan a U.S. "puppet," according to Reuters.

"Murderer America! You will not run away from people's rage," the statement read, warning Erdogan that he was also a target.

A picture the website claimed was of the bomber was posted with the statement. A government terror expert confirmed the authenticity of the website, the AP reported.

The Ankara governor's office said DNA tests showed Sanli had indeed been the attacker. Authorities said Sanli had fled Turkey 10 years ago and was wanted by the police, according to Reuters.

Sanli had previously been jailed in 1997 for attacks on a police station and a military staff college in Istanbul, but Reuters said his sentence was postponed because he became sick during a hunger strike. He was never imprisoned again.

After he was sentenced to life in prison in 2002, Sanli fled Turkey, according to Reuters. Interior Minister Muammer Guler said he was able to return to the country using false documents.

The Revolutionary People's Liberation Party-Front, or DHKP-C, is a far-left group designated a terrorist organization by the United States, Turkey and the European Union. Leftist groups such as the DHKP-C strongly oppose the United States' influence over Turkey.

Also on Saturday, Turkish state media said officials detained three people in Istanbul and Ankara in connection with the attack, Reuters reported.

A suicide bomber blew himself up at an entrance to the U.S. Embassy compound in Ankara on Friday. The bomber and a Turkish guard were killed in the attack, which the U.S. described as "an act of terror."

/

The U.S. flag flies at half-staff a day after a suicide bomber struck the U.S. Embassy in Ankara.

The bomber, who was wearing a suicide vest, made it to the first X-ray machine in a screening area leading to the visa section, police sources said, and then detonated the device.

The Turkish security guard standing nearby was killed, but two guards on the other side of the checkpoint, behind bulletproof glass, survived. A Turkish journalist on her way to visit the ambassador was critically wounded.

On Sept. 11 last year, U.S. Ambassador Christopher Stevens and three other Americans were killed in an attack on the U.S. Consulate in Benghazi, Libya, prompting concern about security for diplomats.

State Department spokeswoman Victoria Nuland said on Friday that after Benghazi, every U.S. post in the world reviewed its security. She added that the embassy in Ankara is one of the posts due for a complete compound overhaul. The building housing the embassy was built in the 1950s and needs a full upgrade, Nuland said.

The Associated Press and Reuters contributed to this report.

Related:

US Embassy compound in Turkey hit by 'terrorist' attack

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Source: http://worldnews.nbcnews.com/_news/2013/02/02/16818679-turkish-far-left-group-claims-responsibility-for-us-embassy-attack?lite

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