DeVries Law - April 2021

DeVries Law - April 2021

www.devrieslegal.com (904) 467-1119

April 2021

How to Hire Emotionally Intelligent Employees And Why Your EQ Matters, Too!

How do you hire for a high EQ? According to the U.S. Department of Labor, “the average cost of a bad hire is up to 30% of the employee’s first-year earnings.” So hiring well pays, and making poor hiring decisions will cost you. You probably already have a great repertoire of interview questions, so Justin Bariso of Inc. Magazine suggests keeping those and looking for five things from a prospective employee’s answers . 1. Are they a know-it-all or a ‘learn- it-all’? Bariso notes that you want to have confidence in an employee’s knowledge, but even more importantly, you need to know they are willing and able to learn. As Bariso succinctly says, “A great team can accomplish much more than a single person, no matter how talented.” 2. Are they growth-oriented? Learn-it- alls and those with high EQs are not only willing to learn, but they also value this as part of their overall growth.

It’s not news to anyone that you can’t have a successful business without having a great team, and that starts with hiring the right people. Resumes are useful tools in helping hiring managers evaluate a candidate’s education, skill set, and experience, but as you likely know, that’s only part of what makes for a valuable employee. There’s increasing evidence showing that employees with high emotional intelligence (also known as EQ or emotional quotient) are more productive team members who are better at handling conflict and stress and avoiding burnout. This not only makes for a more pleasant work environment, but it’s also good for your bottom line. Maybe you’re like the 71% of hiring managers who said in a recent study with CareerBuilder that they value EQ more than IQ, or the 75% who said they are more likely to promote candidates with high EQs over those with high IQs. But how do you move from valuing EQ to assessing it? When it comes to hiring, how can you get beyond the bullet points of a resume to really understand a candidate’s emotional intelligence?

and consider their response. As Bariso says, “Most job candidates try to answer every interview question right away. They’re afraid that if they pause before answering, they’ll appear unqualified or stupid. But you know what’s really stupid? Trying to answer a difficult question without thinking it through.” 4. Are they relationship builders? Those who are will mention how others have helped them in their past achievements and are likely to stand out by writing a thank-you letter after the interview. 5. Do they ask you questions? Interviews should not be a one-way street. Look for candidates who are eager to learn

about your company, values, and current team members. By asking questions, they are showing you that they are looking for the right fit and have reflected on what that entails.

If you aren’t already doing so, follow this final tip from Forbes Magazine: “Use open- ended scenario questions to help identify candidates who already demonstrate the four core competencies of emotional intelligence: self-awareness, self-management, social awareness, social management.” Hiring right is a great place to start, but don’t write off your existing staff, either! Remember that emotional intelligence can be learned and cultivated, and much of that starts at the top when you model and value emotional intelligence.

3. Do they think before they speak? Look for candidates who are willing to pause

Until next month, happy hiring!

— Shawn Devries

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Craft the Perfect Follow-Up Email

The (Not So) Secret Recipe

When it comes to securing leads, the follow-up email is hard to beat. One study found that a 12% response rate from two emails increases to 15%–16% with a third email. If you play your cards right, the success of your email marketing could, in large part, depend on your follow-up emails. So, how do you create ones that maximize positive responses from leads?

potential leads annoyed and unwilling to look into your business. According to several studies, the ideal number of follow-up emails is no less than three, but no more than seven. Time your follow-ups right. You don’t want to space your emails so far apart that leads forget about you, but you also don’t want to spam their email box so often that they get annoyed. A good rule of thumb is to wait at least 48 hours before sending a follow-up email after the initial email. After that, wait 2–4 days before sending another. Craft appealing content. This point is worth its own article, but briefly put, your follow- up email content is incredibly important. Create a subject line that will grab readers’ attention. Then, be polite, direct, friendly, and personable in each email. As you send out more follow-ups, become more specific about the deal you’re offering and make it more enticing. Above all, you should constantly tweak your follow-up content and overall strategy as you gain new information. As you continue to create follow-up emails, you’ll learn what works best.

Know your goals. You should have a clear idea of what you want to accomplish with your email campaign. Which metrics are most important to you? The number of times recipients open your follow-up email? That they click a link in the text? That they reply? Maybe tracking total conversions resulting from follow- up emails is important to you. Whatever the case, knowing your goals is a good first step.

Find the ideal number of follow-ups. Obviously, not following up at all is a recipe for abandoning several potential leads. However, sending too many follow-ups can leave

This Prank Went Up in Smoke

Most April Fools’ Day jokes are harmless. Making caramel onions (instead of apples) for your family or setting a spider next to your coworkers’ mouse is sure to elicit a few laughs from everyone watching, and only egos are hurt. It’s when the jokes end in ambulance rides, hospital visits, and lawsuits that the situation is no longer a laughing matter.

fact, the court found that the company cannot be held liable for “frolicsome but reckless conduct” that occurs between employees during employment. In other words, an employer is not responsible for your injuries if one employee sets you on fire during the course of a prank that isn’t related to your work. However, that doesn’t eliminate the employer’s responsibility should a coworker injure you. Every situation and interpretation of that moment is different. So, if a coworker injures you while doing work-related tasks, your employer is likely going to be liable. They may also be the responsible party if, during the course of your employment, they tolerated

Furthermore, it can complicate who’s liable.

Take the case of Graham vs. Commercial Bodyworks Ltd . In 2015, two employees of Commercial Bodyworks were having some fun when their joke went up in flames — literally. One of the employees set their coworker

on fire using a cigarette lighter and a flammable liquid. The person set on fire sustained serious injuries as a result and rightfully sought compensation for their medical bills and pain. However, who was at fault wasn’t clear. The plaintiff sued their employer, Commercial Bodyworks Ltd., for workers’ compensation, claiming that since their injuries occurred on the company’s property, the business was liable. However, the court of appeals didn’t agree. In

or encouraged reckless behavior that could have resulted in an injury. Your employer cannot condone dangerous behavior in one instance and shrug off responsibility later. The interpretation by the courts can be vague, but the lesson here is simple: You have a right to compensation when you’re injured, but perhaps it’s best if you keep your workplace pranks to a minimum

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and stay away from fire.

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TAKE A BREAK

HOW TO GET FROM ‘ZERO TO ONE’ Create and Nurture Original Business Ideas

“What important truth do very few people agree with you on?”

That’s entrepreneur and author Peter Thiel’s favorite interview question. To Thiel, a person’s answer to that question provides insight into whether they’ll be able to find success as an entrepreneur. Ideally, if you can answer with something like “Most people believe in X, but the truth is the opposite of X,” then you’re well on your way from zero to one and creating an original business idea. That’s what Thiel explores in his book “Zero to One: Notes on Startups, or How to Build the Future.” “Zero to One” is all about coming up with and nurturing unique ideas, which are the foundation of game-changing businesses. As a co-founder and investor in a number of companies that have changed the business landscape, Thiel has some authority on this subject. He co-founded Cofinity (which later became PayPal) and invested in startups like Facebook, SpaceX, Lyft, and Airbnb whose ideas were so novel at the start that they were perceived as risky by many. Throughout the book, Thiel shares his wealth of knowledge garnered from a long, successful career of recognizing and acting on original ideas. According to him, and anyone else who has ever tried creating something wholly unique, developing an original idea is no easy task. The difficulty of originality even led Mark Twain to once say “There is no such thing as a new idea. We simply take a lot of old ideas and put them into a sort of mental kaleidoscope.” But in “Zero to One,” Thiel proves that coming up with original ideas is possible, and he provides readers with helpful tips and lessons for how to get there. One such lesson: Stop trying to be the next Bill Gates or Mark Zuckerberg because “if you’re copying these guys, you aren’t learning from them.”

SPRING VEGETABLE AND CHICKEN PASTA BAKE

Inspired by TheSeasonedMom.com

• 1 cup cooked chicken, diced • 1 14-oz can artichokes, drained and quartered • 1 cup fresh asparagus pieces • 1/2 cup carrots, grated • 1 1/2 cups uncooked penne pasta • 1 3/4 cups chicken broth

• 1/2 cup fresh chives, chopped and divided • 1/4 cup fresh parsley, chopped and divided • 2 tsp minced garlic • 1/4 tsp salt • 1/4 cup grated Parmesan cheese, divided

Directions

1. Preheat oven to 425 F and grease an 8-inch square baking dish with cooking spray. 2. In the prepared dish, stir together cooked chicken, artichokes, asparagus, carrots, uncooked pasta, chicken broth, half the chives, half the parsley, garlic, salt, and 2 tbsp Parmesan. 3. Cover the dish tightly with foil and bake for 35 minutes. 4. Uncover and stir. At this point, check the pasta to make sure it is al dente. If it’s undercooked, cover the dish and return to the oven until pasta is tender. 5. Remove from oven and garnish with remaining Parmesan, chives, and parsley.

Thiel uses his favorite interview question to try to identify original thinkers. These are the people who take their businesses from zero to one because they looked at past successes and thought, “I can do it differently, and I can do it better.” If you want to be in that group, then reading Thiel’s advice in “Zero to One” is a great place to start.

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644 Cesery Blvd #250 Jacksonville, Florida 32211 (904) 467-1119 www.devrieslegal.com INSIDE THIS ISSUE

How to Hire Emotionally Intelligent Employees

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How to Craft the Perfect Follow-Up Email Avoid Costly April Fools’ Day Jokes Like This One

Spring Vegetable and Chicken Pasta Bake ‘Zero to One’: A Book Review

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The Fyre Festival’s Legal Fallout for Influencers

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UP IN FLAMES The Fyre Festival’s Legal Fallout for Influencers

Influencer marketing has long been a legal gray area, but recently settled celebrity lawsuits related to the Fyre Festival — a failed luxury musical festival — have definitely added some color to the debate. The idea for the Fyre Festival came from rapper Ja Rule and his business partner Billy McFarland, a 25-year-old CEO of a luxury concierge service. The duo created the event together and touted it as the world’s most expensive music festival. They’d also launched an attractive marketing campaign which included celebrity promotions by Kendall Jenner, Bella Hadid, and other influencers. All the while, the organizers knew the Fyre Festival was doomed from the start. In lieu of a multiday, luxury experience, thousands of people were scammed and left stranded in the Bahamas instead.

“[The organizers] had six to eight weeks to pull off something that should have taken close to a year,” says Chris Smith, who directed a Netflix documentary on the festival. “But what was most surprising to me was going to the Bahamas and seeing the aftermath of what was left behind and the effect on the people there.” The local economy was devastated. “They had engaged with so much of the local community to try and pull this off. There were hundreds of day laborers working,” says Smith. “Fyre had such a high profile that I don’t think anyone could have assumed that it wouldn’t work out.” As the Fyre Festival fell apart, Gregory Messer — the trustee in charge of overseeing the bankruptcy for Fyre Media — looked into the finances. He began to suspect that there had been “fraudulent

transfers” between the founders and many of the event’s promoters, and he began to sue the celebrities and influencers that drove the hype behind the festival. For example, McFarland and Ja Rule reportedly paid Kendall Jenner over $275,000 to publish an Instagram post promoting the festival. Although Jenner denied liability, she did not disclose on the post that it was paid and sponsored. Messer’s attorney further argued that Jenner had not told her Instagram followers that she’d pulled out of the festival after learning of its disastrous problems. Although more legal parameters will likely spring up in the future to further define the limits of influencer marketing, this will certainly make any celebrity think twice about accepting money to promote events and brands. And that’s definitely for the best!

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