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How To Lose Your Small Business in 10 Days – Day 6 – Wilson McCoy P.A.

Yoshi Hires New Employees

Plumbing & Pizza Delivery employees have been doing a fantastic job and are quickly gaining a great reputation in their community. As a result, Peach and Luigi are approached by Donkey Kong, a very wealthy restaurant owner that is building the largest pizza restaurant in the whole state and needs a large amount of plumbing done to his new building, and wants to use Plumbing & Pizza Delivery’s amazing pizza cooks for his kitchen. If Plumbing & Pizza Delivery win this bid, their revenue will quadruple their first-year expectations. However, Donkey Kong has a long-standing reputation of being very precise and strict on his projects, and any monkeying around is absolutely not tolerated.

Excited by the prospect, Peach gets on the phone immediately with Donkey Kong and tells him all about how Plumbing & Pizza Delivery can help his vision.  After a long chat, Donkey Kong says to Peach, “You sure are a peach, Peach. I’d be honored to work with you and your fantastic company on my new project. I’ll send you over my contract, pay close attention to all the details, and we have a deal.” Peach tells Luigi and Yoshi the good news, and immediately signs the contract and faxes it back to Donkey Kong.  Now that they have secured this new contract, Plumbing & Pizza Delivery needs to hire 50 new plumbers and pizza cooks to meet the demand of the new project with Donkey Kong.

Tasked with the job of finding these new 50 employees, Yoshi starts interviewing any and all applicants in hopes of finding ready to work employees that are healthy, young, and meet the image that Plumbing & Pizza Delivery is trying to portray with their new contract.  Knowing Plumbing & Pizza Delivery will be facing a large amount of work in the next couple years, Yoshi openly tells the applicants that “Plumbing & Pizza Delivery is looking for young, fresh faces right out of college, because they have more drive and fewer commitments to distract them.” During interviews Yoshi also asks female applicants if they are or plan to become pregnant any time soon and asks all applicants if they have a disability that will slow down their ability to work long hours and at a quick pace because Plumbing & Pizza Delivery will only be hiring healthy and agile workers.

Yoshi has never been properly trained on how to be a manager, how to hire employees, or what employment laws apply to Plumbing & Pizza Delivery.  As a result, he has made a critical error and opened the company up to multiple lawsuits by openly discussing an employee’s gender, disability, and age as a requirement for the job position.

Also, by blindly signing the contract without the revisions of an attorney, Peach has placed Plumbing & Pizza Delivery at risk of losing the contract by potentially missing a vital term; or may have agreed to terms that are not economically advantageous to Plumbing & Pizza Delivery.

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