Wednesday, March 11, 2009

Call Centre Maze; Explained and The Proper Way.


Calling for customer support should be business only, but it is not. Getting what you want from a call centre is about people and relationships. Understanding some of the basic rules that call centres operate by certainly helps.

So here we have it. You are looking at your cable bill and say, "hmmm do I need to pay for all of these channels and services? I don't think I do. Lets call the cable company and ask them to adjust my package."

Trying to be savvy You write down what you want, you line up your account number, last bill, your phone number (you know they will ask for it so you want it handy), your mothers maiden name, your credit card number, and your father shoe size. You think that's all they will ask for. You then grab a pen and paper to write down all names, and times of people you talk to.

You go and grab a drink of water. You have to speak clearly into the auto attendant robot on the other end of the phone for the first five minute, hence the water, and then start to dial on you speakerphone ready phone.

After punching a total of 109 keys for different prompts, account number, phone numbers, and entering your father shoe size, an agent answers the phone.

"Thank you for calling Joe's Communications, my name is Michelle, may I have your telephone number please?"

If this adds frustration fuel to your fire, you are not alone. You just entered this information. How stupid can they be?

Well there are a number of reasons why they may ask you for your phone number again. Suffice it to say that the core reason is to try to ensure some form of confidentiality and identity proof when calling. But there are two very important issues that are forgotten.

  1. The call is recorded so the voice is on record in the event there is a problem. That includes you speaking your phone number.
  2. These are the first syllables out of your mouth talking to the agent. He/She will sense your tone, demeanor, and your guard all based on how you say your numbers. If you want the agent on your side, coughing up your number needs to be friendly polite, and crisp. You know the expression about first impressions. The way you say your number is part of the first impression. They are trained to judge you based on your response.


If you say your numbers friendly and welcoming of the agents help, their guard starts to go down. They may follow up with the standard security questions. Mothers Maiden name, year your first cat had kittens, or whatever other questions they ask. Remember the agents are still in complete job compliance administrative mode. There is nothing you can do that will alter their approach. Know that, don't fight it, just accept it. Speak friendly, clear and slow.

There is no point telling the agent you have entered this information before etc. They have heard it all before, and clearly there are some strategic reasons why this policy of double asking is in place. Don't fight it. Don't waste your breathe.

Now that the agent has not heard anything speculative out of you, they will ask, "How can I help".

Notice that? They actually want to help. They are not a psychotherapist. They are not a sounding board for the problems you had when American Idol's recording on your DVR stopped for 10 minutes because of a power outage. They are their to help your problem.

Remember your planning at the beginning. You know what your problem is. Unless you know what your problem is and how it can be solved, you will not have a pleasant experience with a call centre. Too may times people call to complain but they don't know what they want. Know what you want, and be reasonable about it prior to calling. That organization will calm you, and will bring more genuineness to your voice, and therefore more respect in your request.

"How are you today?" you ask (being friendly but not over personalizing it. You are not their neighbour, just a customer. Respect the boundary). Listen to the response. If they say "Oh its one of those days" empathise, show you are listening. "Well hopefully this will be quick and simple." Otherwise if they say "I am fine thank you, how can I help", you know they mean business.

"I am sure you can help me today. I have looked at my cable bill and want to change my package options to save money. Can you help me with this?" You state in a slow, polite, and purposeful manner.

Look at what you did there. You showed confidence they could help, you stated the problem, and what you wanted. You then followed with a question confirming this query was in their department.

"Certainly. Let me just bring up your account".

And there you have it. You are not off to the races of changing your cable package to save money.

Prior to getting off the phone, be polite about confirming what happened, what was changed and what the impact is. Always ask if there are any specials or bundles that you might qualify for. Savings come to those who ask.

The introduction and first few words are the most important. Most call centres have a zero escalation policy, which means under 99% of circumstances an agent is not to redirect the call if it is in their department. That means no team leads, no managers, no senior managers, directors, or VP's. Unless you get the co-operative bond from the person you are dealing with, you have no where to go.....

except.... Call Back.

Trying to escalate is very difficult. So before you go through the trouble of escalating, just call back, and try another agent, using the personal control tips outlined above. Take the 10 minutes and try again.

Does this solve a long term problem? No it does not, but you can get what you need at the time. If you do find you need to escalate, then you feel they are not honouring their obligations, ask to be sent to the Customer Retention Department.

This department has significant power. They can work with you, so you need them to love you more then your Grandmother loves you. This is not an exercise of principles, it is about getting what you want. I am not saying this at a philosophical level is right or wrong. Honestly, I don't care. It is how it is, and if I want to correct an issue I am not getting attention for, I will use the system to my advantage rather then fight it.

If you do get yourself on an escalation list, it is very important to check your anger at the door. The new person you talk to deals with escalations and anger. You need to "Use Charm To Disarm".

If you do find that you are getting no where, put your issue in writing, and ask for a written response. Make sure you claim is crisp, clear, point form, and supported by evidence.

Finally you can always file a complaint with the local BBB, FCC, or telecommunication agency in your state/province.

Remember, the staff are doing their job. So know what you want them to do for you. Plan ahead. Show respect for the position, understand the limited rules the operate under, be patient, polite, and calm. Always know what you want, and give the agent a way to give you that.


If you do have a specific legal question about consumer protection and need to speak to a lawyer, click HERE. Lawyers are online, and can answer your question within minutes for as little as $15.



Copyright © 2009 Peter MacSweeney.
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Monday, March 09, 2009

If Your Company Goes Belly Up, Will You Get Paid?

A friend of mine, Mary, works for the Citigroup. She was talking about the fear that their stock was down to less then $1, and she wondered if the place went belly up what would happen to her unpaid salary, and vacation pay.

This is a very difficult question to answer, as it could get very technical. However there are a few basic rules that I will explain. It is important to state that every situation is different, and this is a general representation. I will explain a very basic Canadian and US perspective.

In Canada bankruptcy's are governed by the Bankruptcy and Insolvency Act. If you go to work and see a note saying company is closed, do you get all your wages?

The answer is it depends.

Wages are protected by the Wage Earner Protection Program Act. This is called WEPP by Service Canada. If you have been terminated as a direct result of bankruptcy then you can make a claim for wages to a maximum of either $3000, or 4 weeks of insurable (EI) earnings, which is about $3250, minus deductions.

There are a few exceptions, such as if you had been an officer, controller, or senior manager that was effectively in control of the company. Additionally if you don't apply withing 56 days of the bankruptcy your claim will be rejected.

The WEPP will NOT cover severance or other contractual agreement. This only covers wages and unpaid vacation to the maximum as shown above.

Effectively the government guarantees payment of up to the maximum. To make a claim I suggest you go to the Service Canada website for WEPP. You can actually make your claim online.

For the U.S. I had a Bankruptcy Lawyer friend of mine explain the US position. His name is Dustin Owens and he is a practicing Lawyer in Northern California. http://www.lawdeo.com/ is his site. He can be contacted via email at dustin[@]lawdeo.com. For his spam safety I added the square brackets in his email address. Just remove them before you email

Paraphrasing Dustin: Companies will either file for Chapter 11 (restructuring to keep the creditors at bay) or Chapter 7 (complete liquidation). When they file for Chapter 11, they have an obligation to pay their ongoing expenses. This includes wages, benefits, commissions, vacation, sick pay, retirement contributions, etc. for work done after the filing. If they don't pay them, they may be found in violation of the bankruptcy laws and be forced into liquidation.
In other words, failing to pay wages when in a Chapter 11 protection could force the company to be wound up and sold.

If there are wages owed prior to the company asking for Bankruptcy protection (this is called filing a petition), employees have priority for those wages up to almost $11,000. Priority means that they will be paid before almost any other creditors. Anything over the $11,000 would not have priority and may or may not be paid. Like the Canadian position, officers, directors, and people who are in charge of the company, and therefor deemed responsible for the financial mess, do not benefit from this.

Bankruptcy is a complex beast, and while employees are not going to walk away risk free, there are some basic protections available. I strongly suggest that you invest in $15 or $30 and talk to a lawyer at the link provided, if your company is going "under". An ounce of protection is worth a pound of cure.

If you do have bankruptcy or employment legal question, and need to speak to a lawyer, click HERE. Lawyers are online, and can answer your question within minutes for as little as $15.



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Thursday, March 05, 2009

Forced to quit your Job? Constructive Dismissal Explained.

In the worst financial meltdown since the Great Depression, people are losing their jobs left and right. Some people are being fired, and others are being laid off. But then there is a group of people that feel as if they are being forced to quit their job.

Every State/Province has their own laws when it comes to employment. The basic principle is that you have the right to leave whenever you want, and your employer is allowed to release you whenever they want. That is the BASIC principle. This is called the At-Will Doctrine.

The law then builds on it. No one can be fired for anything in the Constitution or protected at a federal level. Things like Age, Gender, Religion, etc. But the laws are a little more complex.Per this article some locations such as Florida, Georgia, Louisiana, and Rhode Island, have very few exceptions to the standard doctrine. While others such as Alaska, and Idaho respect far more exceptions. California and New York are somewhere in the middle.

To have a case for wrongful dismissal, or being illegally fired, you need to show that your employer broke a protected or accepted rule in your State or Province. In addition you can prove that the employer broke the actual contract of employment you have.

All employment agreements are contracts. It is a contract of service. The terms of your employment contract generally include anything you may have signed (offer letter), and the policies of the company (with limits).

Quiting vs being fired, or laid off has a significant impact on you obtaining benefits, like unemployment insurance, and references for further employment. The company can also save money if you quit, because of various notice periods in the contract, or in the local laws, severance etc. Many of those things don't apply if you quit.

But what if you are forced to quit. You are driven out by threats, abuse, harassment, or fraud.

That is the EXACT same as being fired. It is called CONSTRUCTIVE DISMISSAL. They are acting in a way that forces you to quit, is the same as if they fired you. Now you look at was it wrongful or not.

If a company has driven you out for the purposes of trying to trim head count, and not be liable for severance, or unemployment expenses, then they have broken the law. That is Constructive Dismissal.

If they have driven you out to avoid obligations in your contract, they have broken the law.

If they do NOT correct a problem, such as abuse or harassment from fellow workers, and/or management, then they could be liable for Constructive Dismissal. That's right. If they fail to correct something, that could reasonably cause you to quit, then it is the same as if they fired you directly.

If you feel you are being forced to quit, you need to take proper steps to maintain a claim. It does not matter where in the world you are, the majority of Courts always ask one question. Did the people take the chance to resolve or limit the problem themselves. You have a duty to try to solve the problem, and notify the others of the issue, so they have a chance to resolve it.

Taking these steps will help you maintain your claim.

1. Keep a diary of all the events. Include all names of witnesses, times and steps you have taken to correct the situation.
2. Make sure you follow company policy on filing issues, grievances etc. if you are not sure what those are, as your manager, or the HR/OD group. If possible write a flow chart about the process for filing a complaint, or how the issues are handled.
3. Write down the process if you are to be fired, or if there is a discipline issue against you. You want to make sure they don't fire you because you are kicking up a storm (which normally they cant, but they may try)
4. In all complaints be very specific about the issue, and about what you feel an effective resolution would be.
6. Do not take ANYTHING home that is company property
7. If there is no resolution, then before you quit you should try to bring your notes to a lawyer. A properly worded letter just before you quit can be very effective. The lawyer would advise you on how the letter should be written, so you give them proper notice.

If you are being driven out of a company, then the steps you take before you quite are very important. Take the proper steps, and protect yourself.

If you do need to speak to a lawyer, click HERE. Lawyers are online, and can answer your question within minutes for as little as $15.



Copyright © 2009 Peter MacSweeney.
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Tuesday, March 03, 2009

Shopster Retail Agreement Part 2. -> Follow Up.


Shopster appeared to be very diligent and concerned that representation of their company and procedures is as favourable as possible. I received a followup email from Suzanne Vadori, with respect to my Part 2.

In my original analysis, which I admitted was less then 60 seconds, I did not see anything indicating that notice shall be provided in the event of an amendment.

Suzanne has pointed out that the agreement, which has no revision or date number, and which now appears to read in a darker font, clearly states notice will be provided. The agreement as it reads right now does in fact say

"Shopster will inform you when one of these documents has been amended by providing notice to you."

That entire provision looks substantially different then when I reviewed it on Friday. In addition Suzanne did not highlight this as a correction when she originally responded to my questions. Regardless of if the document has changed, or if I misread it, Shopster indicate that they will notify of changes to the agreement.

The agreement says that changes will be effective when you RECEIVE notification.

Wow, that looks really fair.

STOP

Towards the bottom, in the COMMUNICATION AND NOTICE, it clearly states that notice is provided to your email address used at sign up. In addition it says you have been deemed to RECEIVE notice the minute they send it. A very standard provision, but one i think is unnecessarily aggressive. Courts always hate it when people don't have an opportunity for notice.

So expect an email if the policies change, but don't expect a waiting period unless it is provided for specifically. Shopster would be advised to provide a change and compliance notice whenever possible.

Secondly, it appears that my reference to Doba was received the wrong way by Shopster. Let me re-explain the issue here.

According to Shopsters Retailer Agreement,

"Unless, you had a relationship with the supplier prior to using the Shopster Marketplace during the term of this Agreement and for a period of 1 year thereafter, you shall not establish or participate in a drop ship relationship outside of the Shopster Marketplace with any supplier that has listed products or services through the Shopster Marketplace."

Lets say you sign up for a trial period, scan the site, and don't buy a thing. You cancel 3 days later.

You are NOT allowed to establish a drop ship relationship with any supplier that has listed products on Shopster. REGARDLESS of if you know who they are, or if they have a relationship with Shopster. I would not be surprised that if you asked a dropshipping company if they work with Shopster they would say, "the list of our partners is confidential". As you have canceled your membership, you now do not have access to the catalogue of over 1 million products. You don't even know the suppliers, and therefore you don't know if you are breaking the agreement.

Suzanne advised me that Doba and Shopster do not use any of the same suppliers. Nevertheless my suggestion is to sign up with Shopster only after you have exhausted all other drop shippers in the market place, as you could be locking yourself out of a significant number of suppliers without knowing.

This is purely based on the agreement. It has nothing to do with anything in their business model, customer service, pricing, or product selection. This is a 100% due diligence issue. Should Shopster change their agreement, I would be happy to provide an update accordingly.


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Shopster Retail Agreement Part 2.

In the first part of this article we looked at the Shopster Retail Agreement. I noticed three issues, that I personally would call significant in an agreement like this. They are.

1. There is no express indication that Shopster will notify its Retailers of changes to the terms and conditions.
2. The agreement prohibits any changes in description or warranty.
3. The agreement, even the trial version, prohibits you from participating with any other drop shipper of the same products within 12 months.

I also was very unhappy with the size of the font, the contrast, and the inability to print the agreement.

I contact Shopster to get an answer, and found it rather difficult. Their phone number as listed on their web page, went to voicemail. So I looked at the Management Team page located in their About Us section.

After looking through the individual positions, I saw that Suzanne Vadori is the Executive Vice President of Operation. She appears to be the best person at the most Senior level to get an answer of my questions from. (The CEO is often not the best person to get a specific answer from. He/She will usually refer the issue to the relevant department Senior manager/VP.)

I sent her an email via the Contact Us form online. I made sure I put at the top of the message that this was to be directed to her. I asked a total of 6 questions and got an answer to three of them. (Tip, if you need a message to go direct to someone, and don't have their email address, send to the support and put ATTENTION: NAME. You can certain that at the very least they will get a copy of it.)

The answer I received was signed Suzy Vadori. So it looks as if my request made it to the EVP I was looking to contact.

She addressed the three main points I made above.

"We do consult with legal counsel when amending this agreement, and our retailer base is notified of each change." Suzy states.

So while the agreement does not expressly state that notification of amendments will be made, she implies there is a company policy to notify members of changes. If you ever get a notification of a change you need to ensure you read those changes.

With respect to the product description and warranties Suzy stated "Shopster provides all end user customer support for the products listed....If modification of
description or product warranties were allowed, Shopster would not be able to provide this service to its retailers."

While I appreciate where she is trying to go, it does not address the core of my original issue. Does this provision exclude the addition of a warranty, such as a SquareTrade? Does this prohibit the addition of a personal review?

Her answer here is incomplete, which is a concern that I will follow up on.

With respect to the terms binding "trial members" and restricting them from using a competitor who sells the same services for a period of 12 months, she confirmed that was the case.

"This agreement was designed to apply to all Retailers, whether during a free
trial or paying for Shopster services."

Where does this put you? Well if you thinking of entering the dropshipping business, as a retailer, a Shopster trial could stop you in your tracks before you get started. If you don't like Shopster, you are prohibited per their agreement from signing up with another provider unless you had a relationship with them before.

One of Shopster's main competitors is Doba. Their Agreement is much fairer on all my issues. If you sign up with Doba FIRST, then you can sign up with Shopster's trial. If you sign up with Shopster's trial, and don't like it, you can NOT then sign up for Doba.

I appreciate Suzanne Vadori's response. While it was a little incomplete, she certainly paid my concerns respect. She was direct in her response, and stated very clearly that this was a conscientious business decision. While I may disagree with some of those from both an operational and legal perspective, I respect their strategy.



If you do have legal question, and need to speak to a lawyer, click HERE. Lawyers are online, and can answer your question within minutes for as little as $15.



Copyright © 2009 Peter MacSweeney.
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