Course 1 - Leadership Principles Sections 102 & 105 Flashcards

1
Q

What are ethical standards?

A

Ethics is the body of rules that govern the way that we behave and the moral standards that we live by. Our ethical standards guide our lives personally, professionally, intellectually and spiritually.

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2
Q

What are some of the core concepts of ethical behavior?

A

Honesty: When it comes to ethics, there is a simple ideal that cannot be disputed: unless we are willing to provide honest service to those that we deal with—whoever it may be, we have no right to even hope for anything better from others, let alone expect it. Honesty is still the best policy. We should practice it ourselves and promote it among others in the work environment.

Integrity: There should be no real distinction between doing what is right in business and doing what is right in other aspects of our lives. Hiding behind phrases such as “That’s just good business” is not a license to compromise our ethics. Demonstrating integrity shows the maturity and stability of your character. The depth of our ethical commitment and adherence to our values and principles should stand firm.

Trust: In order to be considered trustworthy we must instill faith, confidence and reliability. Trust can be hard to earn, and even more difficult to win back once it is lost. In order to be effective in the loss prevention industry, you must instill trust in those that you work with and confidence in the way that you perform your duties.

Responsibility: Ethical people take responsibility for their words, actions and behaviors. We have an obligation to perform and serve. We are accountable, not only to our stores, our team and our customers, but to everyone who we come in contact with. We have a responsibility to be fair and just in everything that we do

Respect: Respect for a position may be an expectation, but respect for the individual still must be earned. Respect is an expression of honor, value, consideration and esteem. It is something that we earn through honesty, integrity, responsibility and trust. It is something that we must demonstrate if we hope to receive it. Respecting the rights of others is fundamental to strong ethics.

Quality: We should strive for excellence in every aspect of our performance. Those that recognize the importance of quality and strive for it on a day-to-day basis will carry a profound sense of self-respect, pride in accomplishment, and attentiveness that will affect everything that they touch. Making every effort to deliver performance that is accurate, complete, relevant, timely and understandable will emulate quality and professionalism.

Dependability: Ethical people can be relied upon. They make themselves available. They are steady, solid and sound in their approach to people, ideas and situations. They are capable of solving problems, answering questions and providing support when entrusted with that responsibility.

Sincerity: Ethical values and behaviors are only respected when they are real. The genuineness of our intentions will be reflected through our words, actions and behaviors.

Humility: This aspect of our ethical character (or lack thereof) is one that often stands in our way. Overblown egos, passing judgment, a general lack of flexibility and other self-inflating behaviors are at the heart of many ethical dilemmas.

Commitment: Being bound emotionally, intellectually and professionally to an ethical course of action defines

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3
Q

What are some of the ways that we can communicate our ethics and lead by example?

A

We should communicate and discuss our company’s shared values and standards with our team, ensuring that they are understood, supported and accepted.

As part of our responsibility, we should ensure that company policies and procedures reflect the organization’s values and ethics at every level.

We should work openly and offer support as part of the overall team efforts, raising questions and concerns when appropriate; addressing issues and taking action when necessary.

We should define acceptable behavior and promote higher standards for the way people are treated and the way that goals are pursued.

Once standards of excellence are defined, we should set the example for others to follow by applying those values and standards when making decisions and performing our duties; and then support our team to do the same.

Good ethics should translate into good behavior. We should pay close attention to the feelings, comments and reactions of our employees, our business partners and our customers, realizing that perceptions will be viewed as reality in terms of ethics, integrity and reputation.

Ethics are not just an important element of our leadership; they are an important element to look for in all company leaders. Our company’s mission, vision and values should be a key factor when making hiring and promotional decisions. Leading with integrity is critical and will reflect on the entire organization.

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4
Q

A company’s image, business practices, vision for the future and role in the community are all validated by the organization’s business ethics. Explain and expand…

A

Growth plans, stability, profits and service must emphasize a commitment to ethical business practices.

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5
Q

What are the U.S. Federal Sentencing Guidelines? What are some of the elements that should be included in an effective compliance program?

A

These guidelines essentially outlined judicial considerations when determining the appropriate sentencing for corporations convicted of federal crimes

Written compliance standards and procedures (Ex: A Code of Ethics)

Oversight of the program by high level management personnel (Ex: An Ethics Officer)

Due care and responsibility when delegating authority

Effective Communication of standards and procedures (Ex: A Training Program)

Monitoring systems and reporting vehicles (Ex: An Employee Hotline)

Enforcement of disciplinary action

Appropriate response to issues once they have been detected

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6
Q

How do we define a conflict of interest? Examples…

A

a conflict of interest exists when a person has a divided loyalty, when an individual is motivated or influenced by personal considerations or relationships, or by placing ourselves in situations where we might potentially be motivated or influenced as a result of conflicting personal considerations or relationships.

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7
Q

What are some considerations that we can reflect on to help us evaluate a potential conflict of interest?

A

Does it interfere with the individual’s job performance or responsibilities?

Does it interfere with the job performance, responsibilities or morale of others within the company?

Does the individual involved have access to confidential information?

Does the issue impact or potentially impact our business?

Does the issue impact or potentially impact our relationships with customers, vendors or other service providers?

Does the issue enhance or support a competitor’s position?

To what extent would it result in financial or other benefit to the involved party?

To what extent would it result in financial or other benefit to our customers, vendors or other service providers?

To what extent would the issue or conduct appear improper to an objective or outside observer?

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8
Q

What are some general guidelines to follow concerning confidential company information?

A

Confidential information should only be disclosed internally on a need-to-know basis, and only then to those authorized to receive such information. Confidential information should only be disclosed outside the company when required by law or when necessary to further the company’s business activities in accordance with approved disclosure guidelines. Under no circumstances should confidential information be provided to any outside party without express consent from the company. Employees should not use confidential information to advance their personal interests in any way.

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9
Q

What is proprietary information?

A

Proprietary information generally refers to any information that is owned by a company. Much, but not all such information is generally considered to be confidential. Such information might include business or marketing plans, earnings and other financial data, personnel information, technical information, information relating to current and future products and services, confidential organizational data, company software and similar information.

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10
Q

Why is it important that our investigative information remains confidential?

A

Disclosure of such information can lead to false or improper conclusions. It can damage reputations, impair investigative processes and progress, impact morale and cause significant exposures for our company.

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11
Q

Generally speaking, what common guidelines should we follow regarding the release of our company’s financial information?

A

As a general rule employees are not to disclose any information that is relative to the financial condition and/or financial results of the company that is not publicly available to any outside party without prior authorization from the corporate offices. Unauthorized release of such information could not only result in significant damage to the company, but could also result in substantial legal ramifications to both the employee and the recipient of such information.

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12
Q

Acquiring & Using Information about Others - What type of information might this refer to? How should this information generally be handled?

A

Companies gather such information from a variety of different legitimate sources in order to compare and evaluate relative goods and services, marketing plans, comparative pricing and other important business strategies. This type of activity is appropriate and necessary in a competitive retail environment. Information about other companies should always be treated with sensitivity and discretion. When working with sensitive information regarding other companies, such information should only be used within the appropriate context and guidelines established by your organization

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13
Q

How can inaccurate and incomplete records impact the company?

A

Credibility and reputation, legal and regulatory obligations, financial stability, making and supporting business decisions and a vast spectrum of other business practices can all be significantly impacted by the way that we report and record information, and all data must accurately reflect transactions, processes, actions and events that occur within the company.

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14
Q

What are some general guidelines that should be followed regarding the documentation of company records?

A

Never alter, conceal, destroy or otherwise tamper with company records or other company documents except as authorized in accordance with established procedures and guidelines.

Never deliberately make a false or misleading entry in a report, record, investigative document, audit or other company documents.

Never sell, transfer or dispose of company assets without proper documentation and authorization.

Ensure that all laws, requirements and related company processes are followed when information is documented and recorded.

Ensure that no unrecorded account, fund, or asset is established or maintained.

Never destroy documents relating to actual, pending or threatened litigation or criminal proceedings where there is reason to believe such litigation or investigation is reasonably likely to resurface in the future.

Never remove or destroy records prior to the specified dates without first obtaining proper authorization.

Never “approve” or “witness” company documents where you did not approve or witness the action in proper accordance with established company procedures. (For example, approving a refund after the fact, falsely verifying bank deposit counts, etc…)

Failing to document certain actions (For example, failing to document when a restricted door is opened or a restricted area is entered) is also prohibited by most company policies and may also be considered as falsification of documents.

Falsification of information on employment applications and/or other employment documents.

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15
Q

LPC 105 A - Effective Working Relationships

What are some of the characteristics that are vital to building strong and healthy working relationships?

A

Trust – The foundation of every good relationship, trust helps forge a powerful bond that helps you work and communicate more effectively.
Mutual Respect – When you respect the people that you work with, you value their input and ideas, and they value yours. Working together, you can develop solutions based on your collective insight, wisdom and creativity.
Sincerity – Being authentic and acting with integrity creates mutual trust and respect.
Mindfulness – Those who are mindful are careful as to what they say and how they say it. This would include taking responsibility for your words and actions.
Open Communication – The better and more effectively you communicate with those around you, the richer your relationships will be. All good relationships depend on open, honest communication.

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16
Q

What is negotiation?

A

Negotiation requires flexibility. Our approach has to be appropriate for the situation and those that we are addressing. We have to be able to put ourselves in other people’s shoes and see things from their perspective, developing our position from a mutually understood platform, speaking clearly and using appropriate communication skills. We have to be able to adjust to changing circumstances, and recognize that showing an open mind can lead others to opening their minds as well. You can put together and offer the very best presentation or argument that you’ve ever made, but if it isn’t properly received by your audience, the effort is wasted. Sometimes we can get too comfortable with our own personal style of communicating, and fail to make necessary adjustments when trying to share a message.

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17
Q

What are some tips that can help us develop our negotiating skills?

A

Make every attempt to develop a positive rapport with those that you’re speaking with. Express yourself clearly, simplify the message, and educate the other party. Be patient, and really listen to what others have to say.

Plan your approach for any important negotiation. Know what you want to say and how you’re going to say it. Give some thought to what you want and why. What’s the best solution? What would be a realistic solution? What would you be willing to accept?

Be open-minded to different ways of thinking. Ask questions. Actively listen. Value those around you to add to what you can create or resolve. Encourage participation to generate approval and enthusiasm. Sometimes in order to be understood, we must first be willing to understand others.

Be creative as you look to reach solutions. Seek positive outcomes and be willing to listen to a different approach or point of view if you believe that point of view presents a better solution. Go into the discussion with an open attitude. Stay focused on success and others will take notice.

Focus on interests rather than positions. Find positive points to build on rather than focusing on points of disagreement. Explore perspectives and needs, and put choices on the table. Describe your purpose. Get to the core of the problem.

Always have your goals at the forefront of your thinking, and stay focused on the big picture. Strive to win the big battles rather than wasting time and energy on trivial points. Keep reminding yourself what you hope to accomplish and stay the course. Take responsibility for achieving results.

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18
Q

What is compromise? What is the value of compromise?

A

Compromise can be simply defined as a settlement of our differences reached when each side of the disagreement makes concessions. Compromise can also be described as blending the qualities of two different things, integrating the parts to create something better.

That perspective leads to greater understanding, and improves our ability to reach valuable compromises - those that can truly make a difference in achieving our objectives, in the success of our program and ultimately the success of the entire company. There are many ways that we could illustrate the value of effective compromise. However, none can provide a better example than when we see how our ability to gain perspective, make concessions and reach mutually beneficial agreements than when it is reflected in the success of our department and our business.

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19
Q

What are some of the primary goals of effective communication?

A

The primary objective of effective communication is to create an atmosphere of continuous understanding, and strengthen the bonds between people. It is a means to close interpersonal gaps and achieve common goals.

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20
Q

What are some of the primary components of effective communication?

A

Our primary goal should be to look for ways to avoid a poor exchange of understanding, and enhance the skills that lead to improved communication.

Keep it Simple. The most powerful messages are often the simplest ones. People are drawn to what’s easy to understand. Keep your message as simple and as clear as possible, and ensure that the core concept of your message is understood before adding more detail.

Keep it in Perspective. Not all people think, feel, interrelate or communicate the same way. Education, intelligence, cultural differences, and/or a wide array of other factors can influence someone’s ability to clearly understand your message.

Consider your Point of Reference. Realize that the person you’re communicating with doesn’t necessarily know what you know. This may seem like a simple point, but it reflects a big problem many people have with their communications. They don’t think about what their audience likely does and doesn’t know, and just assume that person has all the needed background information to interpret the message (For example, “The door is locked” doesn’t necessarily tell us which door is locked). Without the necessary information, the message may not be clearly understood.

Keep it Real. Don’t use bells and whistles to try and make your message seem more important. If what you’re trying to say is genuinely important, you don’t need to dress it up by using big words or fancy packaging. The concept you’re trying to get across should be powerful enough to stand on its own. If something needs to be made to sound important in order to make an impression, it’s a good bet it wasn’t that impressive to begin with.

Avoid Distractions. Reduce noise and/or anything else that might interfere with your ability to communicate your message. Every distraction is a potential deterrent to the conversation, and your message has to be heard before it can be understood.

Eliminate Unnecessary Words. They typically add very little to the point we are trying to make, and may even detract from the message you are trying to convey.

Show Respect. People are much more likely to engage in communication when we show the proper respect. Our communication should be designed for the benefit of our intended audience. We should focus on what they’re going to hear, and the impression that it’s going to make on them.

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21
Q

What are some of the non-verbal cues that we should consider to help us further develop our communication skills?

A

Be aware of gestures. Many people talk with their hands, but it is nonetheless important to be aware of this habit and ensure that you do not send the wrong message or mixed signals as a result.

“Look ‘em in the eye”. You can help ensure that you are being both heard and understood by looking a person in the eye when you speak. This also helps to engage them in what you are saying and makes it easier for the other person to focus on you as you are focused on them.

Stand up straight - don’t slouch. Standing up straight will serve as a display of confidence and control. Avoid leaning when you are having a professional conversation.

Articulate. While this is really more of a verbal skill, we mention it here not to emphasize the selection of words that you use, but rather to focus on the volume, tone and speed of your speech. You will lose meaning, or confuse the impact of your words if you talk too fast, too slow; too loud or too low. Your tone can also have a negative impact on your effectiveness if it is not appropriate to the meaning you are trying to convey.

Avoid Pointing. As a means to show direction, pointing may be appropriate, but in communication it can be considered offensive.

Facial Expressions. Be aware of what your face is telling people. Remember that the human body has an autonomic response that may cause you to look one way when you are saying another. You may be trying to show contentment when your face is showing concern. You may also respond with a look of confusion or disgust to comments you are listening to from others, when it is more appropriate to remain neutral.

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22
Q

What are three primary steps when preparing a written business message?

A

Determine what your purpose is for writing. Why are we reaching out to the person that we are attempting to communicate with, and what do we hope to convey or accomplish?

Logically organize your message around your main points. Manage the document to ensure that you share the message fully and with due consideration for your intended goals and objectives.

Decide what details you need to support your main points. What information can you provide that will validate your intended message?

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23
Q

What additional tips can help us develop our writing skills in the business environment?

A

Keep it brief and stick to the point. Don’t repeat yourself and don’t write more than is necessary to get your point across.

When writing a letter, a memo or other written communication, end with the suggestion of a follow-up to discuss any questions, comments or suggestions. Include your contact information so that you can be easily reached.

Choose your words carefully. Writing allows you to take your time and carefully select your words to ensure that you make your point and get it right. Take advantage of the opportunity.

Don’t rush it! Whether it is a letter, a memo, a policy or an email, creating a draft is always a good idea. It is also a good idea to save the draft and walk away and let some time pass before you go back and re-read and see if you are still making the point you want to make, the way you want to make it. This is especially true if you are responding in anger or frustration. Always walk away and revisit before you launch a letter that you might later regret.

Proofread and have others review the document when appropriate. It is always valuable to have a second opinion, and it shows others that you respect their point of view. We all have a collection of people to choose from to help us get it right.

Don’t use capital letters unless it is appropriate. USING CAPITAL LETTERS IN WRITTEN COMMUNICATION CAN GIVE THE APPEARANCE OF SHOUTING.

Write the way that you speak. Do not try to become a master wordsmith simply because you are writing a letter or an email. Do, however, make sure that you keep an eye on spelling, grammar and formatting.

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24
Q

What are some of the precautions that we should take when sending email messages in the business environment?

A

Responding too fast: Never read through email too quickly, and be careful how quickly you respond. While most email engines have the ability to retract a message, more often than not, once you hit send, that message should be considered out of your control. Proofread email and think about your response before you send it.

Sleep on it: Email is such an immediate form of communication that it often elicits the feeling that one must respond immediately. However, this is not always the best approach. There may be times when it is best to delay a response and/or to give proper time and consideration as to what to say and how to say it.

Never respond in anger: If an email has left you upset or frustrated it can be a mistake to respond immediately. Avoid jumping to conclusions, step back and get your emotions in check, re-read the document, and wait until you are able to respond appropriately. If you read an email and you still find yourself either confused, frustrated or angry - try using the phone or some other means to talk things through before you jump to the wrong conclusion. Remember, once it is in writing, it is very hard to take it back!

“Reply to All” Function: Think about your response and your audience before you make this choice. It may be inappropriate to include a group on a simple follow up question or a personal comment intended only for the sender. Use the “Reply to All” feature carefully and be considerate of others “need to know” to either include them or not include them as appropriate.

Reread and Send: After you have prepared an email or a response to an email, always give it a quick read before hitting the “Send” button. If in that quick read you do not understand what you wrote, then it is probably pretty fair to assume the recipient or recipients will not understand it either. This also gives you the ability to double check not only content, but grammar as well. Nothing will demonstrate an inability to properly communicate more quickly than poorly structured email.

Spellcheck! Always spellcheck your response before you hit “Send”. An email with improper spelling and grammar may challenge your sense of commitment and follow-up, your attention to detail and even your intelligence. This can take away from the message you are trying to send.

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25
Q

What are some of the considerations that can help guide our texting decisions in a professional setting?

A

Consider where you are text messaging. There are times and situations where it’s clearly not appropriate to be sending text messages. Always consider your surroundings, the circumstances, and the professional impression that your actions will leave with others. For example, it may be fine to text when a live conversation via cell phone would disturb others, but it’s also considered rude to start texting when you are having a face-to-face conversation with someone. There is no excuse for texting while driving.

Consider when you are text messaging. This not only applies to your particular circumstances, but also those you are texting. For example, while it may be warranted in some situations, is it necessary for a text to be forwarded before or after business hours? Is it a legitimate reason to interrupt a business meeting or similar situation? Is the timing appropriate, or can it wait?

Don’t leave them guessing. If the recipient likely doesn’t have your cell phone number stored in their phone, make sure to let them know who you are before composing the rest of your text.

Keep it brief. Texting is an interruption-driven communication, less intrusive than calling, but more than an email. Texts should be used to share a key piece of information or ask a short question. They’re not meant for hashing out complicated situations or providing tons of detail.

Reply promptly. Since texting should be much more brief than an email, it should be easy to respond to more quickly than an email. Put it in the same context as an instant message, and reply accordingly. Again, consider your surroundings and the appropriate timing of the response.

Think about the message you are sending. It is difficult to capture a tone via e-mail or text message, so be straightforward and clear. Ensure that your message will be understood. Stick to simple words and sentences that clearly convey your intent. Always use correct punctuation and grammar.

Use texting appropriately. Texting is still considered a more casual form of communicating, even in a professional setting. There is certain information and messages that are not appropriate to be communicated by text message, and should be handled face-to-face or by telephone.

Keep it in context. Be careful that all your communications with people are not sent via text messages. Text messages should complement our professional communications—not replace them. There should be plenty of direct communication in any effective professional relationship.

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26
Q

What is the difference between hearing and listening?

A

True listening is not only hearing, but properly interpreting those words and sounds. It requires that we understand their meaning or intent. Effective listening enables us to not only hear, but to understand what is being communicated. Understanding occurs on two levels:

Emotionally, the person believes you understand what they are feeling;
Intellectually, the person feels that you understand what they are saying and what they mean.

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27
Q

What is paraphrasing?

A

Paraphrasing is simply repeating back and summarizing in your own words what you believe has been communicated. This is usually most effective when you use expressions such as:

“So, what you are saying is” , or
“In other words”

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28
Q

What is mirroring?

A

Another active listening tool is commonly referred to as Mirroring. By mirroring their body position, maintaining good eye contact, and nodding in appreciation of what is being said, you are acknowledging the other person’s contribution to the communication. You can further emphasize your recognition by summarizing what they have communicated by repeating the last words or main idea of the message.

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29
Q

What is the value of clarification?

A

Enhance our understanding by collecting better-quality information than what may be offered by verbal speech alone

Allow the other person to better explain their position

Show patience and support to demonstrate that you care about what is being said

Use questions that will slow down the communication long enough to see where it is heading and to better plan for your response

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30
Q

What is the goal of a good presentation?

A

Our goal is to convey specific messages to our audience. Most certainly our individual styles and approaches are a factor in our method of delivery; however those methods should also reflect the need for structure and organization in order to effectively communicate the desired message. By properly structuring the flow of information and organizing our discussion in a manner that is easy to follow and understand, we increase the likelihood that our message is both heard and supported.

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31
Q

What are some primary elements of a good public speaking plan?

A

Tell your audience what you are going to say

Say it in a way that they will understand,

Tell them again what you just said.

When you’re speaking to an audience, try to make them feel like you are speaking to each one of them individually. Our most successful communication is typically one to one. You want to engage your audience and connect with them. Use stories that your audience can relate to. Make eye contact. When practical and appropriate, try to greet at least some members of the audience as they arrive. Let the person see that you’re speaking directly to them, and your message will come across much more powerfully.

Learn the room, and become more familiar with the place where you will speak. If you are using a podium or standing in front of a group, be conscious of where you are standing. If you are moving around, walk casually. Practice using the microphone if you will be using one, and practice using visual aids if you have them. Get comfortable making use of the space that you have.

Focus on the purpose of your presentation and keep your audience interested. Show your energy and enthusiasm for the subject. Your audience is focused on you, and they will feed off of your energy - or lack thereof. You want them to feel positive and feel good about what you are saying, which will help them to accept your message. You want to show that you care about what you are saying, or no one else will.

Articulate and pronounce your words clearly. Be aware of your speed of delivery, your tone and your inflection. Many people have a tendency to speak too fast when they speak to a group. Your tone should be professional and you should use sufficient inflection in your voice to avoid sounding monotone. Speak clearly and with confidence.

Gestures can bring meaning to the words that you are using - but make sure that you are conveying the intended meaning. Avoid broad or excessive gestures that exaggerate body movement unless it is descriptive of the content you are speaking to. Always stand up straight, but stand comfortably (not too stiff). Find a place for your hands. Use the podium if it is available; otherwise keep them comfortably at your side or in front of you. Avoid pointing, particularly at your audience.

If you want to be taken seriously and accepted as credible, you must first present yourself as serious and credible. Proper dress will help people to take you seriously. The right presentation of you will help you to gain respect from others and it will build confidence in you as a professional and confidence in your message. Dress appropriately and professionally. Your appearance should always be clean and well groomed and your clothes should be clean and pressed. They should fit properly and be of good quality and condition.

Use the available tools to build your ideas and make them more tangible for your audience. In today’s business world, computers and projectors are commonplace in almost every office and conference room. Most presentations include using an electronic presentation. To be effective, these presentations must be well formatted and text must be of sufficient size and font style. Avoid using fancy backgrounds and use appropriate images. Use bullets for text points that should offer a summary to the verbal explanation you will provide in your presentation. You should avoid using paragraphs of text.

Be sure to leave time at the end of your presentation for questions from your audience and be prepared to explain things clearly. If a question is raised that you do not have an answer for, make a point to mention that you will get an answer and then be sure to follow up with an answer to the appropriate person or group.

Have a back-up plan in case of technology failure. If for some reason you cannot show your presentation, people will still expect to hear what you have to say. Always have a hard copy of your presentation with you and available for your reference.

Relax, and concentrate on the message. If you make a mistake, just keep moving - in fact recovering from a mistake can make you appear more human. Your audience will relate. They want you to be interesting, stimulating, informative, and entertaining. Realize that people want you to succeed - they don’t want you to fail. Allow yourself to enjoy your presentation, and watch your confidence grow.

32
Q

What are some of the primary factors to consider when we verbally communicate with others?

A

Voice quality. How well are we articulating our words and our message? What is the tone, pitch, volume, and clarity of our voice?

Intention. The intention of our message can affect the manner, directness and sincerity by which the message is communicated.

Attitude. Our approach to the conversation will directly impact the emotional content, energy and strength of our presentation of the message.

Self-concept. The way that we perceive ourselves and the way that we perceive our ability to appropriately and successfully convey our message will impact our confidence and our presentation.

Concept of Others. Our perceptions of those that we are communicating with - their relative importance to us, how we feel about them, the way that we feel they perceive us, and the respect that we hold for them will influence our verbal presentation.

Setting. The time, place, and timing of the subject will influence the way that the message is perceived and presented.

Importance of the message. Our passion for the subject and the importance that we feel it holds will directly influence the way that we present a message.

Sensitivity. The sensitivity of the subject and how we feel that it will be received by our audience will impact our approach to the verbal message - our choice of words, our tone of voice, etc.

Rhythm and Pacing. The pace and rhythm of a conversation will often dictate the words that we choose and how they are presented. This may imply a sense of urgency of our presentation; or by the same respect, the flow of a conversation may present opportunities to share a message.

Rapport. The rapport that we share with the party or audience may also influence our delivery, our words and our formalities.

Agenda. What is our global or long-term objective? What are our immediate or short-term objectives? Our needs and agendas will influence the words we use, the importance of our message, how it is presented and the energy and passion of our presentation.

33
Q

Why is it important to attempt to focus on the positive when we are communicating? Examples?

A

you make more progress being courteous and kind than you will if you are stern and sour. If you expect cooperation and respect then you must also offer cooperation and respect; and that coupled with a little common courtesy goes a long way. The words that you use can make all the difference. Look at these two phrases:

“You failed to meet the deadline for this project”

“Deadlines are important and need to be met”

34
Q

What are some additional considerations that can help to enhance positive verbal communication?

A

No cursing/bad language. While there may be an acceptance of cursing in some casual communication, it should be avoided in professional communication.

Be careful of what you say and how you say it. When considering words or comments that you should avoid, it is often more important to consider how you say something rather than just what you say. Think before you speak. Any words or comments that are demeaning, degrading, hostile or vulgar or otherwise do not invoke respect and professionalism should be removed from your business vocabulary.

Watch your grammar. Poor grammar can make even the most intelligent person sound far less intelligent.

Use words appropriate to your audience. Using more advanced or technical terms that are clearly beyond the vocabulary of your audience is not appropriate, and will only lead to confusion. Use common terms or “layman’s” terms to better get your message across. Also, avoid using two-dollar words. You may come off pompous or arrogant, or worse - especially if you use the wrong words.

Always be polite. In professional communication, politeness is essential. Consider the impact of a “Good Morning!” vs. “Hey” as the first greeting of the day. Other key polite words and phrases include “Please,” “Yes please,” “Thank You,” “No Thank You,” “Excuse Me,” “My pleasure,” “May I help you?,” “How may I help you?,” “Certainly,” “Good Afternoon,” “It was nice speaking with you,” “I appreciate the opportunity,” “I appreciate your thinking of me,” etc.

Use of professional titles. Using Sir or Ma’am is very important in formal communication, as is Mr. or Mrs. before a person’s last name. Unless you have been given permission to use the person’s first name, these titles should be used. Of course, around the office there may be two different standards, as you may refer to a senior executive by a Mr., Mrs., or Miss, title, whereas with a coworker it may be appropriate to use a person’s first name and it may actually be considered offensive not to. Use your best judgment and when in doubt - ask!

Speak to be Understood. Think about what you want to say before you actually say it. If you do not feel that the other person is identifying with what you are trying to say, clarify your statements with follow up. Remember, it’s not always what you say that’s important - It’s what they walk away thinking that you’ve said that will stay with them.

35
Q

What is the role of loss prevention?

A

Our role complements the business. We have to balance our store sales efforts with effective loss prevention programs. We have to communicate how effective loss prevention can enhance sales efforts and company performance. Limiting access isn’t denying access—it’s an opportunity to actively sell the merchandise. Good customer service is about watching over our customers and providing effective assistance—which both enhances sales and limits opportunity for dishonest activity. Rules provide a foundation for learning, service, access and control—which are fundamental principles of any successful business model.

36
Q

Building relationships with our company partners begins with compromise and perspective…Why?

A

Learning to see the retail world through a different set of eyes can go a long way in building these relationships, and will also provide experience that will greatly enhance your value and abilities both as a company executive and as a loss prevention professional.

A relationship involves two or more individuals engaging each other and eliciting responses. If you want to see a change in response, then you must be willing to change your own actions as well. As a retail professional, you should ask yourself, “What business am I in?” We sell things by building relationships. We get things done by building relationships. Successful people have the ability to develop relationships that last.

Building relationships requires the building of trust. Good leaders learn to listen more than they speak, and ask questions more than they give orders. Seeing our internal business partners as our customers helps to draw this relationship into its proper perspective.

37
Q

How does the quality of our relationships impact the success of our department?

A

Typically, the number of partners that we have and the quality of those relationships is proportional to the amount of success that our programs deliver. By embracing advocates of the loss prevention program and generating that same passion and excitement in others, we can take significant steps towards building the company-wide commitments that lead to long-term successes.

38
Q

Shrink is much more than lost inventory. In what other ways will shrink impact the business?

A

Shrink is lost sales as well as lost inventory. In fact, those lost sales can represent lost profits much higher than merely the costs associated with lost inventory—significantly higher. Shrink impacts replenishment and additional lost sales. Shrink impacts customer satisfaction. Shrink can skew a store’s sales potential. Additionally, the focus of a well-managed loss prevention program can influence store profits in a variety of different ways. We may provide a unique and complex service to the retail world, but our role is essential to the profitability of the business.

39
Q

What is ROI? How can it impact decision-making?

A

Return on Investment (ROI) is a very popular metric used in retail due to its versatility and simplicity. When we look at the Return on Investment, we are simply comparing the benefits of a given investment with the costs associated with the investment. Although typically applied in terms of dollars and cents, this same concept will also be relevant in terms of efforts and sense.

40
Q

What simple formula can help to illustrate sales required to offset shrink losses?

A

Loss ÷ Net Profit Percentage = Required Sales to Offset the Loss

The $100 loss would translate into needing to make an additional $2500 in sales:
$100(Loss) ÷ .04(Net Profit %) = $2500 in sales

The $30,000 shrink loss would translate to $750,000 in additional sales:
$30,000(Loss) ÷ .04(Net Profit %) = $750,000 in sales

And the $5,000 theft would need $125,000 in sales just to compensate for that loss to the stores P&L!!!
$5,000(Loss) ÷ .04(Net Profit %) = $125,000 in sales

41
Q

What is the objective of Strategic Planning?

A

The planning objective is to make decisions and design strategies that shape and guide

Who we are as an organization

What we do as an organization

What our resources are

What our goals and objectives are as an organization

How we go about accomplishing our goals

How we will continue to respond to the changing environment with a focus on future success

42
Q

What is business forecasting?

A

Forecasting is the process of analyzing current and historical data in order to determine or predict future business or operational trends. Planning for the future is a critical aspect of managing any retail organization, and the long-term success of the business is closely associated with how well company management is able to foresee its future and develop appropriate strategies.

43
Q

What are some of the ways that shrink can impact profits?

A

The reduction in profits that results from an increase in shrink numbers will eventually lead to an operational response. High shrink results can force a retailer to change certain operational strategies in an attempt to compensate for those lost profits and avoid future losses. And while such strategies can lead to increased performance and improved efficiencies, it can also lead to a reduction in promotional opportunities, job elimination, increased responsibilities and higher workloads.

In addition to the potential impact on the employee population through job elimination, other Human Resources impacts may include lost bonuses, elimination of payroll hours, and lost or diminished salary increases. These factors can ultimately lead to a decline in performance, a deterioration of employee job satisfaction and an increase in turnover.

44
Q

Some of the best loss prevention practices are invisible to the average eye. Explain and expand…

A

The best approaches are confident and cooperative. “Fear”, “intimidate”, “insult” and “embarrass” should not be words that are part of our daily vocabulary. Our customers are invited, and welcomed, into our stores. Our employees are entitled to a safe and comfortable working environment. Our products have to be made available to our customers if we hope to sell them.

We exist to help make our companies more profitable. Our role is to serve, support, control and protect. That is a very complex proposition, and difficult for some to fully embrace. Issues ensue when we’re only willing to accept part of that responsibility. “Serve and support” are just as important as “control and protect”. When we walk the selling floor, we are not on patrol. When we conduct an audit, our goal is to evaluate, teach and train; not test or punish. When we conduct a training meeting, we are enhancing awareness; not giving a lecture. The global needs of the business should drive our approach and our agenda, not the narrow constraints of a task. Our frame of mind is just as important as our method of operation.

45
Q

As we look at the messages that we want to send to our business partners, what are some of the factors that we need to consider?

A

Who is My Audience? The better you know your audience, the easier it is to tailor your message to them, and the more likely it is that your message will be heard.

What Do I Want to Say? We want to make sure that we are sending the right message by being clear and specific with our message. We have to consider what behavior that we want to impact, and how to best influence that behavior.

How Do I Get My Point Across? In order to best reach our audience, we want to make sure that we keep in mind the message that we want the audience to hear so that we can find the words that will best communicate our intended message.

How Do I Reach Them? Our method of communication is a vital element towards ensuring that our message is accepted and understood. Whether we choose to hold a meeting, send a memo, display a poster, or use any other method of communication can influence the power of our message.

Consider the Messenger. When deciding who will deliver a message, we must ensure that the messenger is credible to the audience. The messenger must be someone who is trusted, credible and perceived as knowledgeable.

Manage the Message. It’s not simply how well we say things, but how well we are understood. Additionally, we want our message to be accepted by our audience. Know the strengths of your message and consider other points of view when planning your presentation.

Seek Input. Requesting the input of your audience will not only build credibility, it will increase ownership of the message and foster relationships.

46
Q

Why is it important that our loss prevention goals align with our overall company objectives?

A

Aligning with corporate goals is essential to operational efficiency and effectiveness. When we don’t know how our goals align with corporate objectives, we may even undermine high-level strategies. Duplicated efforts, wasted resources, and mixed messages can undermine our collective achievements. However, when the priorities of the department reflect the goals of the organization, we can all capitalize on the shared success.

In an ideal state, all employees understand the company’s strategies and objectives, as well as how their contribution helps the company meet their objectives. However, applying those practices in the real world can be much more complicated and challenging. We must take ownership of the program, and reflect the business model. By focusing our strategies and consistently aligning our activities, resources, approaches and performance metrics with the overall goals of the company, we enhance collaboration and collective success.
Success requires a shared vision supported by every aspect of the business. Loss Prevention is no exception to that way of thinking. Essentially, Loss Prevention exists to support the business of retail, and all that is so implied. We have specific responsibilities, but we must approach those responsibilities with a broad scope. We are tasked with protecting company assets and limiting exposure to losses, but we are obligated to do so within the parameters of good business practices.

47
Q

While visiting one of her stores, a DLPM is told by the store manager that she witnessed one of her cashiers talking to a friend at the register area, and then bagging several items without receiving payment. The DLPM then replied, “So what you’re saying is that you believe that the cashier is stealing merchandise with the help of a friend?” This would be an example of:

A

Paraphrasing

48
Q

While visiting one of her stores, a DLPM is told by the store manager that she witnessed one of her cashiers talking to a friend at the register area, and then bagging several items without receiving payment. The DLPM then replied, “You saw the cashier bagging several items without receiving payment?” This would be an example of:

A

Mirroring

49
Q

While visiting one of her stores, a DLPM is told by the store manager that she witnessed one of her cashiers talking to a friend at the register area, and then bagging several items without receiving payment. The DLPM then replied, “What were the items that you believe that the cashier bagged without receiving payment?” This would be an example of:

A

Clarifying

50
Q

What is “Material” Inside Information?

A

“Material” inside information is information that is not available to the general public, but could influence a reasonable investor to buy, sell or hold stock or securities. In the retail world, this might include information regarding financial performance and earnings, mergers and acquisitions, significant business announcements and other principal activities that may impact the value of the company.

51
Q

What is Inside Information?

A

The buying or selling of stock or other securities by someone who has access to material, non-public information is known as insider trading.

52
Q

As a general rule, how should company equipment and systems be used? Are there any exceptions to these rules?

A

As a general rule, all equipment, systems, services, networks and software belonging to your company are for business use only. The increasing reliance placed on internal information, technology and communications in carrying out company business makes it absolutely essential to ensure their integrity. While some companies may make exceptions for incidental personal use (For example: making a personal phone call, checking or sending personal email messages, accessing the web, etc…) the primary use of equipment must be for business purposes. Any incidental use, when allowed, must be legal, ethical and appropriate in the business environment, and cannot interfere with the performance of an employee’s duties. Unauthorized and/or inappropriate use, whether or not for personal gain, may be considered a misappropriation of company assets.

53
Q

What are some of the common elements/characteristics protected under Equal Employment Opportunity Law?

A

the purpose of the EEOC is to promote equality of opportunity in the workplace while enforcing laws prohibiting employment discrimination.

54
Q

What is the Equal Employment Opportunity Commission? What are some of the laws that the commission enforces?

A

The U.S. Equal Employment Opportunity Commission enforces all of the following laws. Title VII of the Civil Rights Act of 1964, which prohibits employment discrimination based on race, sex, color, national origin, religion, age, veteran status, political affiliation, or disability. Although sexual orientation and gender identity are not explicitly protected by Title VII, EEOC interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. These protections apply regardless of any contrary state or local laws.

The Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination.

The Age Discrimination in Employment Act of 1967 (ADEA), which provides employment protection for individuals who are 40 years of age or older;

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.

Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government.

The Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

55
Q

What is workplace harassment?

A

Workplace harassment may be defined as any unwelcome verbal, written or physical conduct that either denigrates or shows hostility or aversion towards a person on the basis of race, sex, color, national origin, religion, sexual orientation, age, veteran status, political affiliation, or disability; when such conduct creates an intimidating or hostile work environment, interferes with an employee’s work performance, and/or affects employment opportunities.

56
Q

What types of circumstances may constitute a hostile work environment?

A

What constitutes a hostile work environment will be determined by looking at all of the mitigating circumstances specific to the individual situation, including the frequency of the allegedly harassing conduct, the severity of such conduct, whether that conduct is considered physically threatening or humiliating, and whether it unreasonably interferes with an employee’s performance. Your company will have specific policies in place that forbid any employee to harass any other employee, customer or vendor, and the law says that your work environment must be free from any form of intimidation or harassment.

57
Q

When conducting covert surveillances, what are some of the legal and ethical boundaries that must be honored?

A

At no time should such equipment be used in or viewing into areas where there are clear expectations of privacy. Additionally, images and information gathered through the use of surveillance materials and equipment is intended for legitimate purposes strictly related to the safety and protection of customers, employees and company resources. Any improper or unauthorized use of equipment or surveillance materials is inappropriate, unethical, often illegal and typically prohibited by company policies. Ensure that you check state and local laws regarding appropriate use.

58
Q

What constitutes a drug-free workplace?

A

It is a standard and ongoing policy of the retail industry to maintain a drug-free workplace. Accordingly, employees may not unlawfully use, possess, distribute, manufacture, or be under the influence of prohibited substances at any time on company premises, while on company business, or while operating vehicles or other equipment owned, rented or leased by their company.

59
Q

Why is it important that all personal relationships with co-workers be maintained with due discretion and respect for the working relationship?

A

Whether romantic or otherwise, loss prevention professionals should always attempt to avoid interpersonal relationships that might potentially influence their judgment, compromise their decision making or otherwise affect their job performance. Full disclosure and open dialogue regarding these interpersonal relationships can help to avoid misunderstandings; as well as our ability to establish clearly defined lines between the interpersonal relationship and the professional affiliation. All questions regarding fraternization policies and practices should be immediately discussed with a supervisor or human resources representative in order to limit confusion, misinterpretation or misunderstanding.

60
Q

What is the Sarbanes-Oxley Act? What are some of the problems that lead to the Sarbanes-Oxley Act?

A

The Sarbanes-Oxley Act of 2002 introduced highly significant legislative changes to financial practices and the way that businesses were corporately governed. Passed in response to a number of major corporate and accounting scandals that resulted in a decline of public trust in accounting and reporting practices, the legislation is wide ranging and establishes new or enhanced standards for all U.S. public company boards, management, and public accounting firms. It introduced stringent new rules intended to protect investors by improving the accuracy and reliability of corporate disclosures, discourage and punish corporate accounting fraud and corruption, and protect the interests of company employees.
Boardroom failures in which Board members charged with overseeing financial reporting either did not fulfill their responsibilities or did not have the expertise to understand the complexities of the business.

Audit Committee members who were not truly independent of company management.

Conflicts of Interest between the auditors serving as the financial overseers for investors and the companies that they audited. Many consulting agreements were far more lucrative than the auditing arrangements, and also including non-audit and consulting work for the companies they were charged with auditing.

Conflicts of Interest by members of the Securities industry. The conflicting roles of securities analysts who make recommendations regarding the selling and purchasing of company stocks and bonds, and investment bankers who provide company loans and manage company mergers, acquisitions and other company business ventures. Making recommendations to others on whether they should buy or sell stock while providing lucrative investment banking services to these companies creates significant potential for conflicts of interest.

Mismanagement of corporate stock option and bonus practices as part of executive compensation packages. Stock options were not being treated as compensation expense by some companies, encouraging this form of compensation, which combined with the volatility in stock prices resulted in pressures to better manage earnings.

Poor and improper banking practices. Providing large loans without understanding the risks of the company lead to significant issues with those banks and bank clients/investors.

Improper and unethical investor trading of securities by brokers, dealers and advisors.

61
Q

What are the purposes for the different titles of the Sarbanes-Oxley Act?

A

Due to the importance, implications and influence that the Sarbanes-Oxley Act has had on the entire business community, it is very important that senior loss prevention professionals have a strong understanding of the Act. The Act contains 11 titles, or sections, ranging from additional Corporate Board responsibilities to criminal penalties, and requires the Securities and Exchange Commission (SEC) to implement rulings on requirements to comply with the new law:

Title I: Public Company Accounting Oversight Board – This title covers the establishment and organization of the PCAOB, which is an independent board designed to oversee the audits of public companies. The board was established to protect the interests of investors and “further the public interest” by ensuring the preparation of informative, accurate and independent audit reports by publicly held companies whose securities are sold to and held by public investors. It further requires public accounting firms to register with the Board, compels the establishment of defined standards, processes and procedures to be used by public accounting firms in the preparation and issuance of audit reports in order to ensure compliance and quality control, and establishes rules and procedures for the investigation and disciplining of registered public accounting firms.

Title II: Auditor Independence – This title establishes standards for external auditor independence and the scope of an auditor’s services in order to limit potential conflicts of interest. It further addresses non-audit services, auditor approval requirements, auditor rotation requirements, and reporting and disclosure policies.

Title III: Corporate Responsibility – This title directs that senior company executives must take responsibility to ensure that corporate financial reports are accurate and comprehensive. It outlines aspects of the interaction between external auditors and corporate audit committees, specifying the responsibility that corporate officers hold in ensuring that accuracy and validity of financial reports. It prohibits any insider trading during pension fund blackout periods, and further defines rules of professional responsibility for attorneys in relation to the Act.

Title IV: Enhanced Financial Disclosures – This title contains a number of provisions intended to improve financial disclosures. It outlines enhanced reporting requirements for various financial transactions and related information that may reasonably have an effect on financial condition, changes in financial condition and other material influences. It reviews enhanced conflict of interest provisions, disclosure of transactions involving management and principal stockholders, and enhanced reviews by the Securities & Exchange Commission. It further requires the establishment and maintenance of internal controls for financial reports and disclosures. This title also requires that a company disclose whether it has adopted a Code of Ethics for its senior financial officers, and if not, why they have not done so.

Title V: Analyst Conflicts of Interest – This title includes measures designed to help restore investor confidence in dealing with brokers, dealers and other investor analysts. It defines codes of conduct for securities analysts to include provisions that they accurately report/reflect their personal views, disclose whether or not the analyst received compensation in connection with their recommendations, and disclosure of other related conflicts of interest.

Title VI: Commission Resources and Authority – This title further defines practices designed to restore investor confidence in securities analysts. It outlines the SEC’s authority to deny individuals from securities practice and defines conditions (For example: Lacking qualifications, lacking character or integrity, engaging in unethical professional conduct, violation of laws and regulations, etc…) under which an individual can be barred from practicing as a broker, dealer, or advisor.

Title VII: Studies and Reports – This title directs federal regulatory bodies to conduct investigations and research for enforcement of actions against violations of the Act by companies and auditors. This would include studies regarding consolidation of accounting firms, the role of credit rating agencies in the operation of securities markets, violations and enforcement actions involving securities laws, and certain roles of investment banks and financial advisors.

Title VIII: Corporate & Criminal Fraud Accountability – This title defines specific criminal penalties for fraudulently altering, destroying, manipulating, concealing or otherwise falsifying financial records; as well as interfering with investigations. It also offers certain protections for employees of publicly traded companies who report such incidents or evidence of fraud, including a Hotline program and protection of confidentiality which was required by most audit firms. The title further outlines that records relevant to the audit and review of financial statements filed with the SEC must be retained for at least 7 years.

Title IX: White Collar Crime Penalty Enhancement – This title increases the severity of penalties associated with white-collar crimes, conspiracies and attempted conspiracies. In addition to amending sentencing guidelines to invoke stronger penalties, it specifically names failure to certify corporate financial reports as a criminal offense.

Title X: Corporate Tax Returns – While currently not required by law, this title strongly recommends that the Chief Executive Officer sign the corporate tax returns.

Title XI: Corporate Fraud Accountability – This title defines corporate fraud and records tampering or falsification as a criminal offense. It also revises sentencing guidelines, strengthens penalties, and enables the SEC to temporarily freeze the funds of those believed to have violated federal securities laws. The title further provides protection for those who report such offenses by outlining the criminal offense for retaliation or showing the intent to retaliate against those who report such incidents.

62
Q

What is the purpose of the Health Insurance Portability & Accountability Act?

A

The Health Insurance Portability and Accountability Act of 1996, known to most of us as HIPAA, was enacted by Congress to:

Create a national standard for the protection of employee health care (specifically the protection of health insurance coverage for workers and their families when they change or lose jobs),

Streamline electronic healthcare transactions through the development and implementation of national standards, and

Protect the integrity, confidentiality and availability of personal health information.

63
Q

What are some of the standards required for HIPAA compliance?

A

Your company will have a written plan for privacy measures and designate a “privacy officer” who is responsible for development and implementation of required policies and procedures. There must also be a qualified and empowered individual assigned to oversee compliance regarding the necessary controls.

Access to such information must be strictly limited, and procedures should clearly identify those authorized to have access to protected information. Only certain individuals in your company need access to this information, and access should be restricted only to those who need access as necessary to complete assigned tasks, responsibilities and job functions.

Your company may only disclose protected health information in order to facilitate treatment, payment, or health care requirements; or if they have been authorized to do so by the employee. An employee may restrict access as they choose. In any event, the company must make a reasonable effort only to disclose the minimum information necessary to achieve the prescribed purpose.

If and when information is disclosed companies are required to notify employees of the incident and the use of their protected health information. The company must keep track of discloses and document all related incidents.

Your company must allow employees to see this information on request, and make necessary changes when advised of inaccuracies. The company must also take reasonable steps to maintain the confidentiality of all related employee communications.

Safeguards must be established that address access authorization, as well as establishment, modification and termination of records. Access to information should be carefully controlled and monitored, be limited only to properly authorized individuals, and require sufficient access controls that outline security plans, maintenance records and similar security controls.

Information systems housing protected health information must be safeguarded from unauthorized intrusion. Controlling access to computer systems and protecting communications containing protected health information that is transmitted electronically must also be established. The company will be held responsible for ensuring that data within its systems has not been accessed, altered or erased in any unauthorized manner.

Under HIPAA laws, business associates must sign an agreement acknowledging that they will safeguard protected health information and provide the appropriate privacy and security of that information. This may include insurance brokers, Cobra administrators, third party administrators, attorneys, accountants, health care consultants and others authorized to receive this information. HIPAA rules also state that you must terminate your business relationship with any business partner that does not respect or honor these requirements.

64
Q

What was the purpose of the HITECH Act?

A

The Health Information Technology for Economic and Clinical Health (HITECH) Act, passed as part of the American Recovery and Reinvestment Act of 2009, was adopted to promote the meaningful use of health information technology. The HITECH Act addresses the privacy and security concerns associated with the electronic transmission of health information, in part, through several provisions that strengthen the civil and criminal enforcement of HIPAA rules.

Introduced as a result of the rise in the volume of businesses, healthcare practices and other related entities adopting Electronic Health Records (EHRs), the HITECH Act required all healthcare facilities and covered entities to ensure that they are fully compliant with the HIPAA benchmarks or face the risk of civil or criminal liabilities. For those adopting electronic health record methodologies, it elaborated on the critical need to follow these requirements and lays down enforcement, accountability, penalty and persecution-related guidelines for those involved in sharing or accessing personal health information (PHI), to include:

Defining penalties imposed on healthcare professionals found guilty of Privacy Rule violations

Ensuring that access to Electronic Health Records becomes a national standard for storing and accessing patient information

Establishing accountability clauses and defining penalties for violating HIPAA compliance

Introducing strict standards to notify patients when PHI breaches occur and/or patient information is compromised

65
Q

How does the HIPAA Omnibus Final Rule increase protection and control of personal health information?

A

Breach Notification: Any impermissible use or disclosure of protected health information will be presumed to be a reportable breach. While covered entities and business associates can conduct a risk analysis under guidelines detailed by HHS, the new standard clarifies that such use and disclosure will likely be a reportable breach.

Business Associates: Rules now apply directly to business associates and their subcontractors. Business associate agreements are likely to require updates and, in light of breach requirements and increasing compliance reviews, covered entities should enhance their efforts to review compliance and consider appropriate liability protections in their agreements.

Enforcement and Penalties: Penalties can range from $100 to $50,000 per violation, up to an annual maximum of $1.5 million. Business associates and subcontractors are directly liable for their violations, but covered entities also can be penalized for their violations.

Privacy and Patient Rights: Individual rights were expanded in important ways. Patients can ask for a copy of their electronic medical record in an electronic form. When individuals pay by cash they can instruct their provider not to share information about their treatment with their health plan. Rules also set new limits on how information is used and disclosed for marketing and fundraising purposes, prohibit the sale of an individuals’ health information without their permission, and restrict disclosures of student immunization records. Notices of privacy practices, research authorizations, internal policies, and training programs may require updates to address these modifications.

Security Requirements: The Security Rule defines standards, procedures and methods for protecting electronic personal health information with attention to how PHI is stored, accessed, transmitted, and audited. Business associates and subcontractors must fully comply with these requirements.

66
Q

What are some of the questions that we can ask ourselves to help us make the right ethical decisions?

A

How will my actions and decisions be perceived? Would others see my actions as legal and ethical? Would I feel comfortable describing my actions or decisions to a room full of people?

Am I being fair and honest? How did I reach my decision? Was my decision based on what was the right thing to do?

Do I believe in the decision that I’ve made? How will I feel about myself afterwards? Will my words or actions allow me to sleep soundly tonight?

Did I do what is best, or what is best for me? What would I tell my child to do? How would I feel if my family, friends, and neighbors knew what I was doing?

67
Q

What is the DIRECT approach to ethical conduct?

A

Discretion:
I have the ability to reach a conclusion responsibly by exercising good judgment in making practical decisions.

Integrity:

I have the ability to adhere to a strict moral or ethical code, characterized by honesty, reliability and fairness.

Responsible:

I am capable of making moral or rational decisions on my own, and therefore I am answerable for my own behavior.

Empathetic:

I am mindful of and understand the needs, feelings, problems and views of others when making my decisions and taking action.

Common Sense:

I have the ability to make sensible decisions. I can make prudent and sound decisions based on my general knowledge, intelligence, judgments and beliefs.

Trust: I can be relied upon to always do my best to practice good judgment and sound thinking. Others can expect that I will exemplify loyalty, good will and truth in my decision making.

68
Q

When addressing interpersonal behavior in the work environment, what questions might we ask to help make the best ethical decisions?

A

Are the ethical standards clearly defined? Clarifying the concerns should leave little room for creative interpretation. Judgment issues should be grounded in clear principles, and everyone should know what is expected.

Are expectations based on common sense and reality? It’s not necessarily how many rules that we have, but what they mean and how they can be applied in the real world.

Is everyone treated fairly and with respect?

Do the standards apply to everyone?

Are ethical standards grounded in a positive light or as a negative issue? Ethics should be framed as something that makes life better for everyone.

69
Q

What are some common guidelines regarding the acceptance of gifts from vendors, clients or customers?

A

The rules for accepting gifts/gratuities will vary from company to company. Some companies require supervisor notification and approval for any gift offering, even if nominal in value. Some forbid gratuities of any kind. Others allow some exceptions based on certain conditions and circumstances. Every employee should become familiar with the rules regarding their particular company before accepting gifts of any kind. When in doubt, it is always best to err on the side of caution.

70
Q

What are anti-trust (Competition) laws?

A

Most companies make it policy to compete vigorously, aggressively, and successfully in today’s increasingly competitive business climate. And while a healthy competitive spirit is an important asset, we also must always remain in compliance with applicable antitrust and competition laws of the United States, those that apply within individual states and throughout the world.

Anti-trust laws prohibit any agreement among competitors, which would restrict the freedom of a competitor on customer selection, pricing or terms and conditions of sale. These laws, also known globally as Competition Laws, have multiple purposes.

First, these laws prohibit agreements that would serve the purpose to restrict free trading between businesses and their customers. Secondly, they can prohibit abusive behavior by a firm dominating a particular market (For example, price gouging). Finally, these laws serve to supervise the potential mergers and acquisitions of large companies, prohibiting one company from dominating a market and preserving competitive business markets.

71
Q

What are some practices generally prohibited by anti-trust laws?

A

Agreeing with a competitor not to solicit business from the other’s customers;

Agreeing with a competitor not to conduct business in a specific territory;

Agreeing with a competitor not to sell a particular product or to sell only certain types of products;

Agreeing with a competitor not to sell products to a specified customer or supplier;

Agreeing with a competitor to fix or control the prices of products or other terms of sale to our customers;

Misrepresentation, or harassment of competitors.

72
Q

List some common guidelines regarding ethical competition.

A

A company should never misrepresent services or products in any sales or promotional efforts.

We should always communicate clearly so that customers understand the terms of our business relationships, including contracts, performance criteria, schedules, prices and responsibilities.

A business or business representative should only make promises that they believe the company will be able to fulfill.

A business should never make false claims about a competitor’s offering.

Every representative of the business should compete fairly and in accordance with the highest ethical standards in all prospect and customer relationships.

In order to preserve relationships, communicate only the facts and avoid creating misleading impressions.

73
Q

What are some common steps that we can take to help protect business information that relates to our various business partners?

A

You must also take appropriate steps to include securing documents, limiting access to computers and electronic media, or otherwise disclosing proprietary and/or confidential information or access to such information. Investigative data and information, business practices, pricing and marketing data, business strategies and other related information should be safeguarded at all times.

74
Q

What is ethical courage?

A

What would be the right thing to do if you were directed by a higher authority in the organization to commit an unethical or illegal act? Without question, you should refuse to participate and report the incident. Unethical or illegal acts will never be justified by creative reasoning, or by deciding that the actions or conduct benefited the company. We can’t rationalize that clearly unethical conduct is excusable because it was directed by a higher authority in the organization. And not responding is not a feasible option. Ignoring, concealing or otherwise covering up an ethics violation could in and of itself be considered a serious violation of the business ethics. The penalties and other potential repercussions from this behavior can be disastrous for the company and devastating for all parties involved. No employee is authorized or required to carry out any order or request to conceal or ignore an ethics violation and any employee receiving such an order or directive is required to report it.

75
Q

In general terms, what should be our first step when dealing with ethics violations?

A

An effective ethics hot line will protect the identity of anyone who makes a good faith report or inquiry consistent with the company’s legal obligations. Keep in mind that anonymous communications sometimes make it very difficult for the company to report back to the caller, and may unfortunately limit the thoroughness of the investigation. As a result, if you make the decision to place a call, then you may want to consider sharing your name with the ethics hot line representative in order to aid in the investigation and best resolve the issue. If you do make the decision to disclose your name, typically it will only be made available on a “need to know” basis, and only to those who are involved in the investigation. Companies that use these hotlines do not tolerate retaliation against employees who use the resources available to report ethical concerns.

76
Q

QUIZ Question: Competing retail businesses form an agreement that they will not sell certain types of products or build stores in specific markets where the other is operating, or solicit business from the other’s customers. This conduct would represent the violation of what legislation?

A

Anti-Trust or Competition Laws