- Happy Independence Day! Be thankful for what you've been given by those who have gone before! #
- Waiting for fireworks with the brats. Excitement is high. #
- @PhilVillarreal Amazing. I'm really Cringer. That makes me feel creepy. in reply to PhilVillarreal #
- Built a public life-maintenance calendar in GCal. https://liverealnow.net/y7ph #
- @ericabiz makes webinars fun! Even if her house didn't collapse in the middle of it. #
- BOFH + idiot = bad combination #
Corporate Bankruptcy Hurts Employee’s Most
This is a guest post from Hunter Montgomery. He writes for Financially Consumed on every-day personal finance issues. He is married to a Navy meteorologist, proud father of 3, a mad cyclist, and recently graduated with a Master’s degree in Family Financial Planning. Read his blog at financiallyconsumed.com.
Bankruptcy has evolved from something that people and businesses were deeply ashamed of a few decades ago, to a seemingly acceptable path to restructuring; towards a more sustainable future. Bankruptcy is so common in corporate America that it is referred to by some as an acceptable and necessary business tool.
This bothers me on a number of levels, but mainly because corporate bankruptcies hurt the humble employee the most. The laws are supposedly designed to help the company stay in business, and continue to provide jobs. But at what cost to those employees?
When a company declares bankruptcy, they are essentially admitting to the world that they failed to compete. Their business model was flawed, they were poorly managed, and they simply did not organize their resources appropriately to meet their consumer needs.
Given this failure, it shocks me, that bankruptcy laws are designed to allow management to get together with their bankers. They essentially protect each other. Management is obsessed with holding on to power. The bankers are obsessed with avoiding a loss.
The bankruptcy produces a document called first-day-orders. This is a blueprint for guiding the organization towards future prosperity. But this is essentially drafted by the existing company management, and their bankers. Do you see any conflict of interest emerging here?
Bankers are given super-priority claims to the money they have loaned the company. Even before employee pension fund obligations. This is absurd. Surely if they loaned money to an enterprise that failed, they deserve to lose their money.
Management generally rewards itself with large bonuses, after declaring failure, paying off their bankers, shafting the employees, and finally re-emerging with a vastly smaller company. This is ridiculous.
The humble employee pays the highest price. Assuming there is even a job to return to after restructuring they have likely given up pay, working conditions, healthcare benefits, and pension benefits.
This is exactly what happened at United Airlines in 2002 after they filed for chapter 11 bankruptcy protections. The CEO received bonuses, and was entitled to the full retirement package. The banker’s enjoyed super-priority claims over company assets to cover their loans. Meanwhile, the employees lost wages, working conditions, healthcare benefits, and a 30% reduction in pension benefits.
An adjustment like this would force a serious re-evaluation of retirement plans. For most people, it would require additional years in the workforce before retirement could even be considered a real possibility.
Employees of General Motors, which recently went through bankruptcy proceedings, also had to give up significant healthcare benefits, and life insurance benefits. Entering bankruptcy, it was the objective to reduce retiree obligations by two-thirds. That’s a massive cut.
The warning to all of us here is that we must do everything possible not to fall victim to corporate restructuring. Save all you can, outside of your expected pension plan, because you never know when poor management, or a terrible economy, will force your employer to file bankruptcy. Always plan for the worst possible outcome.
It’s a competitive world and it’s quite possible that the traditional American system of benefits is uncompetitive, and unsustainable in the global market place. The tragedy of adjusting to a more sustainable system is that the employee suffers the most.
Friends and Acquaintances
“Friends help you move. Good friends help you move bodies.”
-unknown
Some people have dozens of friends. I’m not that guy.
I have 6.
Everybody in the world can be divided into 4 categories.
- Strangers. A xenophobe’s nightmare. These are the people you don’t know, whether they are passing you on the sidewalk, or newborns on the opposite side of the world.
- Acquaintances. These are the people you’ve met, mostly in passing. They tend not to have much effect on your life. You may pass a friendly bus ride in conversation, but it’s nothing that sticks. A waitress, the clerk at the store, a friend’s latest date; these are the people you interact with for just a moment and rarely think about further.
- Friendlies. Most people call these folks friends. I don’t. I’m friendly with them, hence the name, but it’s not true friendship. Often, they are either my wife’s friends, or my friends’ wives. Sometimes, they are a friend of a friend that I only see at parties, or a coworker that I get along with, but never see outside of work. We’re friendly, but not obliged. I may help with some things, but it’s not necessarily a priority. I’ll go to a funeral, but probably won’t help plan it.
- Friends. To me, calling someone a friend is a big deal. I’m willing to do a lot for my friends. They are able to command large amounts of my time, and ask any number of favors. If needed, I’ll open my home or help demolish their’s. Loyalty, honesty, trust, respect, and companionship are all a part of my definition of a friend. If a friend needs help, I’ll come running. In return, I expect the same.
Family tends to fall into the same analogous categories.
It sounds cold, but I hesitate to let people graduate into the final category. My wife used to try to “set me up” with people that she thought I’d like to be friends with, thinking I was sad to have so few friends. It took years for her to realize that I was happy. It’s a matter of quality over quantity. Most of the friends I have, I’ve had for 10 years or more. I’ve known each of them for at least 5 years, not that time is a requirement.
Moving people into the “friends” category is a lot like dating. You get along, so you invite the potential friends out for a drink, one on one. You feel them out to see if they are compatible. You meet their families, share some food, build some history. If it all works out, eventually, you consider them a true friend, even if you couldn’t mark the date of the transition.
You wouldn’t marry everyone you date, so why would turn everyone you basically get along with into a friend?
Do you have a lot of friends? What marks friendship for you?
Zombie Wheels: How to Own a Car That Just Won’t Die
The average car dies somewhere between 100,000 and 150,000 miles. My car is coming up on the lower end of that range and I’d like to see it last a lot longer than the top end. I paid the thing off in January, and I’ve grown fond of not having a car payment. Extending the useful life of your car–and continuing to use it–means fewer car payments and cheap auto insurance premiums.
Who really wants to keep making car payments month after month, year after year? I want my car to outlast me. Scratch that. If that wish come true, I’ll have a meteor fall on me the day before the transmission explodes.
How can you help your car continue past undeath, past the point when other cars have given up and accepted the True Death?
Keep Your Gas Tank Full
Here in the frozen north(though not as frozen or as north as some of you), it’s conventional wisdom to keep your gas tank full in the winter to prevent your fuel lines from freezing. Did you know you should keep it full the rest of the year, too? An empty tank is more likely to rust. Even before the rust eats a hole through the tank, there are tiny flakes of rust drifting into the gas lines and clogging the fuel system.
Change Your Oil
When you run old oil, you’re leaving contaminants and little flakes of metal flowing through all of the important moving bits of your engine. Changing your oil removes those tiny abrasive bits from the equation. I don’t recommend buying into the propaganda put out by the oil-change stores and changing it every 3000 miles, but do it regularly. I aim for about every 5000 miles, but a better recommendation is to do whatever your owner’s manual says.
In between changes, don’t forget to check your oil level and top it off when it’s needed. All by itself, that will improve your fuel efficiency and keep your car running happy.
Consistently keeping up with just these two small things will keep your car running smoothly for a long time.
How many miles are on your car? How long do you plan to keep it?
How to Cut Costs on Legal Fees
Occasionally, life goes truly pear-shaped and you’re forced to enter the legal system.
Even if you’re not embroiled in a tawdry, tabloid-fodder divorce, there are still legal issues that everyone needs to address, without exception.
The problem? Or rather, one of many, if you’re having legal problems?
Lawyers are expensive.
Before I go any further:
- If you are having criminal court issues, get a lawyer. Get the best possible lawyer. Really. The cost does not compare to a lifetime in jail, or even 10 years. If you’re facing jail, get the best dang attorney you can find.
- I am not only not an attorney, but I’ve never even played one on TV. I have driven past a law school a couple of times, but never stopped in. I do know several attorney, carry the business cards of a couple and have a couple on my speed dial, just in case. If any of them thought I was giving legal advice, I’d be in trouble. To reiterate: I am not an attorney. This is not legal advice.
- Don’t do a prenuptual agreement at home. A prenup will almost always be found unenforceable if both parties don’t have an attorney.
Where was I? Ah, yes. Lawyers are expensive, but there are ways to mitigate that.
There a couple of things you can handle yourself.
Small claims court, also known as conciliation court. Typical cases in conciliation court include cases involving sums under $7500(varies by state) that involve unpaid debts or wages, claims by tenants to get a security deposit, claims by landlords for property damage, or claims about possession or ownership of property. Fees and procedures vary by state, but generally cost less than $100 to file. The procedures for your state can be found by googling “small claims court” and the name of your state.
Small worker’s compensation cases can be handled yourself, if they don’t involve a demotion or termination related to the injury.
Apartment and car leases are usually simple and straightforward. Read them carefully, but you probably won’t need a lawyer.
You can probably handle your own estate planning and will writing with some decent software. I love Quicken Willmaker. It walked me through a detailed will that takes care of my kids, and gave me advice on financing their futures in the horrible event that I am tragically killed before my wonderousness can fully permeate the world. It also contains forms for promissory notes, bills of sale, health care directives and more. If you have extensive property, I’d still seek an attorney’s advice, but I’d bring the Willmaker will with me to save some time and money.
Purchase agreements. A few years ago, I sold a truck to a friend and accepted payments. I made a promissory note and payment schedule. When he quit paying or calling me, that paperwork was enough to get the state to accept the repossession when I took the truck back.
A simple no-fault divorce is actually pretty painless, on the scale of divorce pain. Again, the procedures vary heavily by state.
Other resources for finding legal information free or cheap include www.legalzoom.com and www.nolo.com.
Have you had to do any of your own legal work? How did it work out?
Playing For Blood
Kris at Every Tips and Thoughts wrote a post about games and letting her kids win feeling bad about winning. I disagree. This post is an expansion of my comment there.
When we play games in my house, we play for blood. I’ve never let my kids win and they know it. From the first time the kids attempt Memory, they know they’ve got to earn a win against Mom and Dad. They know if they lose, they must do so gracefully. If they pout or cry, they lose game privileges for a while. I demand good sportsmanship, win or lose.
To be clear, my kids are 3, 4, and 11 and they are all held to the same standards of sportsmanship. Win or lose, they will do so gracefully. There will be no temper tantrums when they are Sorry’d and no pouting when the Queen is captured.
It took my son almost 3 years to beat me at chess. When it finally happened, he was almost as proud as I was and still talks about it 5 years later.
It’s not much fun playing games with his friends. They were coddled and expect to win everything. I have to take away game privileges just like I do for my 3 year old. They hate that because we have the coolest board games. Nobody else has games that involve zombies or disembodied brains.
What has the result been?
My kids love playing games. This week, my oldest has been teaching his sisters how to play Life. When he visits his friends, he’s as likely to bring a board game as an electronic game. He’s got a good mind for strategy, and I can’t remember the last time he pouted when I tromped him.
My 4 year old hasn’t mastered gamesmanship yet, but she will. When I threaten to put the game away, she wipes her eyes, and keeps playing, even if her jaw is chattering. She knows what is expected and works to live up to it.
Both of the older kids are competitive. They’ve never had a win handed to them, and they have each had wins they had to work for, and they know how it feels to win and earn it.
The youngest doesn’t care if she wins, she’s just happy to play. In my experience, the competitive gameplay gene doesn’t activate until 4.
In my mind, the real world won’t hand them any wins, so I might as well start teaching them how to work for it now.
How about you? Do you let your kids win, or do you teach them that all games are bloodsports?
