Non – Competes are alive and well in Texas!

Read the label before consuming employment in the state of TEXAS! Recent Texas Supreme Court rulings may require new laws requiring hazardous employment to be conspicuously labeled!

Attorney General's Warning: Accepting this job may be hazardous to your career!

And you thought all you needed to work in Texas was a shingle to announce your profession and a shotgun to keep varmints off your land; well think again! In the beautiful and once free nation of Texas courts were hesitant to enforce non-compete agreements against employees and allowed them the constitutional right to the "pursuit of happiness." But what was once a safe haven promoting a free market and safe society has now become just another territory controlled by the Borg!(1)

Texas law has taken a paradigm shift relative to giving employers the edge they need to forcing you out of your chosen field and waiting in the unemployment line; in many cases for years! You were relatively safe in the cowboy nation until 1989 when the Texas legislature passed the "Covenants Not to Compete Act." From 1989 to 1994 the battle ensued. It was in 1994 that employers learned that the letter of the law must be followed to enforce such covenants (2) Texas was a place for families to come and enjoy good employment without the fear of becoming "un-employable" in what would be a communistic landscape.

In Three small sections of the Texas Business and Commerce Code one can find the basis for which your new and excited employer will later come back and haunt you like the plague of death. The 3 sections that deal with the "Covenants Not to Compete" are:

• 
  
  § 15.51 CRITERIA FOR ENFORCEABILITY OF COVENANTS NOT TO COMPETE
• 
  
  § 15.52 PROCEDURES AND REMEDIES IN ACTIONS TO ENFORCE COVENANTS NOT TO COMPETE
• 
  
  § 15.53 PREEMPTION OF OTHER LAW! (3)

These 869 words and a few assorted symbols are what lie between you and good employment in the future!What is important is that there are several components to an enforceable non-compete agreement they are: (4)

• State and Federal Jury Trials
• Be ancillary to or part of otherwise enforceable agreement at the time the agreement is made;
• Protect a legitimate business interest;
• Contain reasonable limitations as to the scope of activity to be restrained;
• Contain reasonable geographical limitations; and
• Contain reasonable durational limitations.

It appears that after the "Covenants Not to Compete Act" was legislated that it remained relatively unchanged. Section 15.52 was added later in 1993 but it has been a "well talked about urban legend" that you have the right to work in Texas and that non-competes didn't hold much H2O, certainly not quality H2O at that. I have had bosses tell me, "Oh don't worry about this it is just part of our protocol." Well Texas courts may not be crazy about enforcing non-competes but there have been some changes that give pretty sharp TEETH to these agreements and a lot has been written and blogged about since these changes.

Major Change #1 – The case of: Alex Sheshunoff Mgt. Servs., LP v. Johnson, 209 S.W.3d 644 (Tex. 2006). The court decided that the original interpretation of Light (5) was not complete. What once required "at the time the agreement was made" to merely requiring that the company performs sometime in the future.

"We now conclude, contrary to Light, that the covenant need only be "ancillary to or part of" the agreement at the time the agreement is made. Accordingly, a unilateral contract formed when the employer performs a promise that was illusory when made can satisfy the requirements of the Act." – Supreme Court of Texas

Major Change #2 – The case of: Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 52 Tex. Sup. J. 616 (Tex. April 17, 2009). The court broadened the use of the non-compete to cover not only a specific promise of consideration (confidential or proprietary information) but also an implied promise of consideration. Making it much easier to enforce a covenant of non-compete in Texas; thereby removing many of the hurdles that once stood in the way of your previous employer from denying you the right to pursue employment in your chosen field. And for many of us that means the career which we have dedicated the majority of our adult lives to.

So in short non-compete covenants must be 1) Ancillary and 2) Reasonable. Well as things have changed it is now becoming necessary for all good pirates of digital printing to have an attorney on retainer! It also appears that you shouldn't leave your career and enjoyable future up to just any attorney.

It seems prudent that only a Board Certified by the Texas Board of Legal specialization in Labor and Employment law will do now that the cat is out of the bag so to speak. Or in pirates terms the "parrot is out of the treasure chest."

I did a good amount of reading on the subject of non-compete covenants and found some notable resources and potential advisors. One blog that I ran into that seemed quite authoritative was: http://blog.texasnoncompetelaw.com/  by Robert Wood (6).

When I went to the Texas Board of Legal Specialization's website (7) I found roughly 576 listings of attorneys that are "Board Certified" in Texas to specialize in Labor and Employment. You can go to their website to see if an attorney you are considering is board certified to get you back to the road of paradise and put your "parrot back in the treasure chest."

So as you look for a "den of thieves" to call your own, please remember to always have a qualified attorney look at your employment documents before executing them! Or it may be you they are executing after the termination of your employment!

"Employees who are presented with a non-competition agreement should carefully consider the impact that the covenant may have upon their future employment in the event that the employment is later terminated.  …  Thus, any employee who is presented with a non-competition agreement would be well advised to have it carefully reviewed by an attorney prior to execution." – Betty Brown attorney at law http://www.brownemploymentlaw.com

I will say one thing; I like to consider myself "a valuable asset" to any organization that is involved with the printing and publishing industry. And I am sure that those that read this blog are as well! I would ask you to carefully consider and always challenge any and all "agreements" that are presented to you in regards to your employment. I never would have guessed that the innocent little stack of paper that precedes your employment could ruin your opportunities after your employment.

If "we" all whom are highly sought out by our competitors refuse to go along with overly broad, unduly long and unfair agreements that the industry will come around and start to quit trying to force those whom they so desire out of the business.

I have spent my life in this industry of printing and I have spent thousands of dollars in my education and tens of thousands of hours keeping up with the technology changes over the last 20 years. When I walk into a company I bring value, when I leave I should be allowed to continue my quest in this industry.

None of the hardware providers that I have worked for: Konica Minolta, Datamax, nor Ikon have so greatly impacted my knowledge or offered (such valuable consideration) with their "top secret, proprietary, confidential and otherwise considered trade secrets" that I should be banned from working in this business. In fact all of the hardware companies that I worked for were greatly impacted by the "knowledge, training and other valuable contributions that I left with them" that they are better because of it.

I was involved with Printing a decade and a half before even running across them, and was involved with Digital Printing almost a decade before any of them got involved with it. I will say that Konica Minolta and Datamax (whom both I signed a non-compete) never gave me any hard time and with the application of a bit of professionalism and integrity I never heard a word from them and still continued to work in the same city selling hardware. Only time will tell if Ikon is as reputable.

In light of this information remember ONE simple thing. Pirate Mike is in fact a PIRATE involved with selling digital printing equipment - NOT an attorney! I am not responsible nor obligated to find you "healthy" employment and in no way should my opinions be construed as a contract to give you advice or encumber me in any way either in this lovely state of TEXAS or anywhere that good quality H2O can be found! Even though I may have certain implications in some countries that do not allow employment I certainly do not have any in countries that do!

So what does all that mean?

No information in this article is intended to constitute legal advice. For specific legal advice, please contact an attorney. Thank you!
This is just the uneducated opinion of a pirate that sells digital printing.

1. CBS Studios, "The Borg – Video Documentary", 2006, http://www.startrek.com/startrek/view/features/documentaries/article/5299.html

2. Light v. Cental Cellular Co. of Texas, 883 S.W.2d 642 (Tex. 1994).

3. Onecle.com, http://law.onecle.com/texas/business/15.50.00.html, http://law.onecle.com/texas/business/15.51.00.html, http://law.onecle.com/texas/business/15.52.00.html

4. Brown, Betty "NON-COMPETITION AGREEMENTS IN TEXAS", 2010, http://www.brownemploymentlaw.com/non_competition.shtml

5. Light v. Centel Cellular Co. of Texas, 883 S.W.2d 642, 644–45 (Tex. 1994).

6. Wood, Robert http://blog.texasnoncompetelaw.com/ 2010, K&L Gates LLP

7. Texas Board of Legal Specialization http://www.tbls.org/

Got Coach? One pirates view on having a life coach…

Now this really could apply to many areas of your life. What is amazing to me is how many people that I talk to that are really dissatisfied with where they are in life. They are not happy with their progress at work, home etc. What is even more amazing to me is how many emails I receive that talk solely of how they are amazed at my hobbies, interests and pursuits.

I admire people that are "living their dream," as I am living mine. But I don't envy, or wonder or get amazed, I just admire that they had the courage to step out and be different. I remember a statement that has stuck with me my whole life. It went something like this, "Why watch dynasty on tv, when you could be out creating your own?" If I remember right it was a slogan that Amway used in pep rallies. But the importance of what it is saying is still true.

I think that direction, fear not having someone to use as a soundboard are all reasons for not accomplishing our goals and dreams especially as it pertains to work.

Now what do Professional Athletes, CEO's, actors, have in common? They all have coaches. Tiger Woods has a swing coach, Actors have theatrical coaches, CEO's and powerful business people use life and sales coaches. So why do so few of us have a coach? What is a coach?

Most definitions use some phraseology like this, "one that gives instruction." Now if you're not achieving what you want out of your personal, professional and spiritual life surely you can see the value of having a personal coach?

Now it is much like a counselor, except that you are really going to get somewhere; and you're going to get more than an introspective view of what has happened to you in your life and how you processed it. This is relative to what is going to happen to you in the future and how successful and fulfilled you're going to be. Now granted a psychiatrist and the many related fields are for mental illness, and there is certainly room for that. But a life coach and a counselor have their roots in the same pot, and many times will blur together in a successful individuals life. A good Life/Sales/Executive Coach will have a background in counseling, to help guide you through the tough business and personal challenges that you will face.

A good coach will be a mentor, teacher, counselor, coach, guide, friend, and will often say things to you no one would have the guts to say. (Except some of my friends, they have no shame in telling me what they think I need to hear)

Now I have been in executive level sales for 6 years, during those 6 years I have almost always had a coach. From Zack Jones at Konica Minolta to Larry Poe who was a Sales/Executive Coach that Datamax employed to work with us to Monica Huddleston or Brian Balow at IKON. It is invaluable to have someone to work in this capacity for you. You cannot afford to not have a coach, unless you just don't have any dreams or desire to get ahead. And then it is ok not to have a coach. Family and friends can help, but they typically are poor sources for this type of training. We usually need someone from the outside that can speak into our lives that we have no other feelings for or some other relationship that would interfere with our learning and listening. Sadly enough it is typically our family and friends that become dream stealers as they have no perspective or experience that can help us get to the next level.

I am a firm believer in having a mentor, counselor, trainer and coach. I have benefited greatly from having this type of relationship resource. And more than the personal benefits that come from it that go into every area of your personal life and help to make you the person that you would like to become. It also advances you professionally and directly impacts the type of success you have both financially and in your career mobility.

All I can say is Got Coach?

"Go confidently in the direction of your dreams! Live the life you've imagined. As you simplify your life, the laws of the universe will be simpler." - Henry David Thoreau

Pirate for hire!

Pirate Mike no longer works for the one world leader! Expect more commentary from the rouge one!

Leading Pirate Style...

Leaders are created and not born just like salesman. Some have more of a propensity for greatness than others. Good leaders have many traits that we can admire and adopt for ourselves. I have had some awesome examples of leaders. I feel like I am very fortunate to have had and still have some great mentors at many different levels.

I believe that leadership can come in many forms, and can be very personal. I take leadership very seriously. I have a tendency to exhibit my individuality in my leadership style. I like to let others know that I am unique and enjoy sharing my passion. I like others to see this through my lifestyle and by the way that I act and react.

I like to extend my hand to those around me to identify myself as one that embraces their humanity. I like to celebrate people’s diversity and be a guiding factor to their success in the endeavors we engage in. I like to lead in little ways. I enjoy being the odd duck and am not afraid to be counted when there is a confrontation. I encourage disagreement and discussion. I do not want anyone to give me a pat answer, when I ask for their opinion I want it as honestly as they can deliver it.

I try to play devil’s advocate in most of my thought processes so allow myself to see both sides of an issue. I am very opinionated, but open minded enough to change my opinion when new facts are evident. I try to participate in the lives of those around me; I do not want to be seen lying around and failing to act. I make decisions quickly and react to my environment as thoughtfully as I can.

I lead by doing; when those that see me respect my thoughts and actions they have given me the greatest gift. I thrive on excellence and cannot stand it when I allow myself to settle. I make plans, plot my actions, hold myself accountable, measure my progress and reassess the situation as often as I can when in a project.

I will do what others will not. This is the key to my success. I will do want YOU will not, this is my advice to you. Look around and see what the masses are doing, then turn about face and go the other direction. As a pirate I tend to be a bit aggressive in my actions at times. Sometimes I do not ask permission. There are many days that I would rather draw a sword than a pen. Not that I forsake the pen, as that would be grossly inaccurate as well. But rather I am not shy to embrace the rule of the sword and understand and comfortable with the eventuality of my fate.

I put the war pain on every day and am grateful for my time that I have to sail and fight. I work in an environment where only the strong survive and where many a want a be warrior gets sacrificed. Over the last 4-5 years I have seen many a college graduate fail do to lack of leadership and lack of passion. You must live with passion and let it fill every area of your life.

Struggle as I may, I enjoy the fight and the feeling of victory. I am no stranger to tragedy and can cope with an emergency with the best of them. I am strong when I need to be and soft as I really am. I do not see the benefit to living as a rogue with no emotions. But yet I love to hold a lady bug as she forages along my hand. I like to watch the sun rise and fall into the water. I am not a stranger to the darkness as it shields my progress toward a common goal of overtaking my enemy.

I never let my goals or enemies out of sight or mind. I keep them close to my heart. I love a good battle and encourage competition from a formidable foe. I will take my steps without looking and draw my arm with passion. I love to put a face with my battles and a name to my failures.

I allow passion to carry me like the winds of the ocean as they sweep me off to my destination. I let emotion riddle me with fleeting thoughts. I like to sit on the bank and think great thoughts. I love to discus great mysteries and allow my mind to discover new avenues of contemplation. A great debate is a treasure. To live with passion is to be an addict to the one of the most powerful drugs of all. To let adrenaline set in is to feed the monster like a junkie.

I am quick to draw a sword and just as quick to lay it aside to embrace friend or foe. I do not take advantage but yet do not allow for mistakes from my competitors. I celebrate a victory and morn a great defeat. I allow myself to make mistakes and support others in their endeavors. I believe in the team concept and am not unfamiliar with taking the bull by the horns and wrestling him to the ground.

I have starred a tiger down and out struck a viper. I have out run a lion and rode an ostrich. I have walked and talked with the animals, and have waited quietly for their responses. I commune with nature and love to teach another my secrets. I do not cast my pearls before swine but am not stingy with the truths that have been revealed to me. My mouth carries my voice loudly but my heart quietly waits the responses of others. I listen as intently as my emotions show my intensity.

I like to lead in the small things and let the large things take care of themselves. I like to be first, and charge the door of uncertainty with the vigor of a dea agent. I believe in others and only seek their respect in return. I like to be the first into battle, and will stay until it is over. I go out in the face of a storm and take off the raingear to be one with my fears. I love to lay by the shore and watch the clouds drift by in mindless shapes.

I love to lead pirate style.

Embracing the winds of change… the evolution of a pirate

As we live we have endless opportunities to make choices that vastly impact ourselves and those around us. These ripples that we cause span out and become the waves that change the direction of huge ships and alter the lives of others. And what is exciting is that at different times in our lives we can look back and see the effect we had on other lives and see the course that they charted because of our influence. What is sad is that we may never really fully understand how great of an impact we really had on each other and how interrelated we really are/were.

I have gone through so much in the last decade of my life from my younger brother, my mother and grandmother passing away to the loss of a great marriage that I thought would never end. I had someone comment that I have packed a lot of life experience in the short 39 years of life that I have lived. It appears that I must be related to a cat as I seem to have 9 lives and each one starts off quite differently. I am not sure but I think I am on 4 or 5 now. This newest adventure, the adventure of exploring the sea and racing is quite intriguing to me personally. It seems as others have embraced my adventure of the sea and feel akin to it. I think that deep down most people have a spirit of exploration and adventure. I think that is how we came to America and developed such a great nation. In my other lives people used to look at me like I was an alien and could not related to my dreams. Now don't get me wrong I still get a blank stare and once in a while someone just cannot understand it, but for the most part people can related to the adventure that the world's bodies of water provide. My work has always been a function of furthering the dream at hand. The creative side of me has always enjoyed the printing and publishing industry as it has so many creative outlets in it.

Over the years I look back and see how as a pirate I have evolved. Pirates often looked at as criminals were often times simply the rebels of their time. They had resources, education, and a desire to live on their own terms. They were not afraid of the ramifications of sailing off into the unknown. In fact they embraced it, and went out looking for "new worlds." If you can imagine it was not a simple task to sail the oceans with the technology that existed during those beginning years. Now sailing is very much a well oiled science.

I look back and see the rough sketch of a man that embraced his fears. What is funny is that one of my greatest fears was of success. And somehow that fear kept me from my originally ordained destiny. I believe that we have a progressive destiny and that as we make choices and close doors that new destinies now become available. I do not know that there is just "one" destiny and that it is impervious to deviation. I do not believe in predestination. I believe that we have choices and that we make them of our own will. So we can disrupt or even derail our destiny or short circuit it if we want to either by things that we intentionally or unintentionally do or say.

I look at myself now and I have a very open minded approach to learning, living and loving. I am very quick to forgive and forget. I am very slow to anger, and even slower to rage or hate. I rarely even have ill thoughts for someone. I am a seeker of knowledge and love to learn new things. I find myself now being much more introspective of my actions and how they affect others. I desire to leave a mark, and make an impact.

Also I am much more confident and secure about myself as a valuable human being. I believe in myself and want to naturally believe in others. I am trusting, I am loyal. I have progressed my understanding of people and nature and enjoy even the simplest of things. I have overcome many obstacles over the years, most of them self induced. I have endured many tragedies that were personally very taxing to my emotions. The most recent the separation and divorce to a lady that I had invested my heart into over almost a decade of concern.

I am now free in my mind, soul & spirit to take on these new directions. I am learning about the sea, weather, and stars. I am learning about new peoples and new languages. I am getting ready to embark on a great quest for my destiny. I am not sure how long I will be gone or how long it will take to prepare, but I know it will take a lifetime to experience.

I have along the way softened and slowed down. I am not longer as brash and brassy as I was in my 20's. Now I look at people with a kinder heart and have much more understanding and compassion for them. I offer more leniency and do not hold people to unreasonable requests and beliefs. I try to be understanding and compassionate to other people's plights.

All of this has brought me to the place in my personal and professional life that I am at now. Past successes cannot help me, now I must gather up the strength to do it again. Confronted by yet another merger in the second wind of my career selling printing equipment I look around for the answer. It seems much of the solid ground that I once was on has eroded and is no longer very stable. Everyone around me is either clinging on for dear life or just jumping over the rails into the cold blackish water below. I cannot just cling on without reason, and nor can I just jump ship because I am frightened. I have been told many times "it is not fear of the ocean that will kill you, it is the lack thereof." I understand that times are a bit unnerving. I am grateful for a place to claim a watch, but I need more than just existence to be happy. I need to be fruitful and see that my efforts are making a difference. I am not sure that the later is true.

I fear that the unknown holds many more rip currents and great tidal exchanges. So with that I also prepare my rations, and look to the sky for clear direction. With my industry in up evil and no clear direction to go I continue on in the way that I was at the last point when I could see the North Star. Allowing for deviation, current, and tidal exchanges I plot my course as I once knew it. Praying that as I continue on the fog will again lift and land will soon be in sight.

I do not know the future, nor do I speak that I understand my destiny, but what I do know is that I will sail until I can go no farther. I will not leave my watch and in time I hope to know why I sailed this way; and hopefully will get the change to look back and see how I impacted people for the good. I hope that as I sail through life that I leave an ineligible mark on people's souls and paths. As a pirate I hope to maintain the courage to forge forward in the darkness of the sea to my destination.

I pray for soft light, gracious wind, a glass of fine rum and a kind hearted woman. Is that asking for too much?

Pirate Mike…

"Skillful sailors are not created by good weather. For only a storm of great magnitude can teach you how to survive. Without the winds we would all be drunks, fill the sails with wind and the cups all become empty, empty the sails and the cups fill up again with rum. Idle hands become soft; storms strengthen the hands and create calluses. It is through strong hands that we accomplish great things. Soft hands are for the weak, and idle minded. "

Another Personal Thought from Pirate Mike…

The sea of emotions

I have found the emotion of life is what fuels the heart, mind and soul. Without it we would not perceive our accomplishments or failures. Absent of the highest of highs and the lowest of lows we surely would take for granted our consciousness. It is to this end that we strive to feel and decipher the addiction that is our daily emotional fix. I have been “off the wagon” for some time now, and now in a weakened state I feel that it is time to check myself into rehab.

.. ..

It is now time to rehabilitate my heart, mind and soul from the daily bingeing that comes from a high pressure sales job selling capital goods for a global company. Just as coffee and cigarettes seem to be a prerequisite for a salesperson so to is his or her addiction to a high level of emotions a requirement. These emotions fuel us and drive us to our ultimate end. They are what makes us champions and like a lead weight takes us to our graves at the bottom of the ocean.

.. ..

Months after the initial shock that turned out to be a turning point in my mental career, I am still stunned. I wake up each day hoping the tidal surge will subside so that I can take residence back in my mind where my consciousness calls home. My heart is still heavy with the current that carries me along. Like the tides of the ocean, my soul is heavy from the flow of information that ebbs and floods from my mind to my heart and back. Waiting for a slack tide so that my heart can rest enough to pick back up when the information overload returns.

.. ..

Now a survivor of two corporate mergers I feel the pain of those whom have had to change their way of life over the greed of share holders and corporate executives. After watching first hand the inflation of egos and the supposition of truth for what surely was an advertisement of the worst kind. Mental marketing coming from all directions to sooth the savage salesperson and keep him or her at bay. Restricting the freedom of understanding and knowledge to minimize the impact of the truth was their only goal.

.. ..

Now I stand alone looking at the aftermath of their greed and manipulation wondering where this new direction will take me. I plot my course and compensate for the deviation that can be accounted for. With the hope that my calculations are correct I carefully proceed. With so many unforeseen reefs and barriers, I know that ultimately I am responsible for my destination and safety. With a heavy sigh I look to the North hoping the winds will subside. I too need a break like many of those that crew along side me. With the warmth that only a South wind can bring I look for a sunrise signifying that a new day has begun and again my opportunities are anew.

.. ..

I need to believe that my course is well thought out and that my helmsmanship is sure. We only get one chance to do this right and I do not want to wash up on a lea shore with no one to assist in my rescue. Even as a rudder can turn a massive ship, we as individuals have great influence on those around us and can take the team to new heights or destroy any good that is among the crew. With so many lives and families at stake I hope that those that are in power take into consideration their actions and direction.

.. ..

Bringing new blood onto the ship I see new deck hands daily. Shining their shoes and straightening their uniforms I see them proudly walk around in blissful ignorance. Ahh to be ignorant again and walk hand in hand with the honeymoon that only a newbie can embrace. For those that start up this adventure under the knowledge of the new owners it is a simple task. For those that started under the old captain a new charge could mean a rough trip for everyone.

.. ..

Just as we clean the decks and keep order of the lines we must tend to the corners of our minds. Holding to the truths that we know and leaving room for new understandings that will come from experience and the enlightenments of others. Consistent effort is the key to success and I too must manage the emotions that rule my head and heart. Just as adrenaline keeps us alert in the midst of a storm we must carefully watch ourselves as the storm subsides. Sleep comes to those that take refuge in the lull of action, only to be rudely awakened to dangerous seas as the storm’s anger builds anew.

.. ..

So to in our sales career we must maintain the pressure, even when the storm seems to subside. If we take the pressure off we will find ourselves in a dangerous position as our pipeline comes to an ugly end. We must be diligent and keep alert to the ever increasing dangers that lurk around every point. In this age of technology we are constantly being bombarded with information that can overload our emotions and carry us off like a tidal wave.

.. ..

As the immediate storm system subsides I wait to clearly take inventory during the daylight to reconcile the reports. I am also curious to see the changing of the watch that is to come so that I may know whom I will report to in the coming hours and days. What we do know is we have survived the first wave, but we do not know what is behind it. Only time will tell us what our true fate is to be. I for one am eager to meet my destiny.

.. ..

Pirate Mike

And Then There Was The Interview...

And then there was the interview…

What is funny is that we all look at things through our own filters. That is also one of the big reasons that people fail at their goals, relationships, and careers. I can remember the first time that I went with my sales manager to qualify a company for a copier. We came back and looked at a simple desktop and the total monthly cost was like $200.00 per month. I said, “Zack, you have to be kidding no one is going to pay $200.00 a month for a copier!” Little did I know that almost 5 years later I would be asking for that an hour.

We process everything from our own perspective and not from another’s. When you think from the other person’s view many times things look quite differently. I had a great example of this the other day. I started off working for IKON as a GAR (Graphic Arts Rep) Selling to no one but large commercial printers. This was a special corporate initiative to put together a team of selling professionals to move large amounts of the Canon imagePRESS and the imagerunner 7110, 7125, 7138 and 7150. With very large quotas they gave us our lists and sent us out into the brave beyond. Little did they know in a few short months we would be purchased by Ricoh and the “heavy iron” from Canon would soon disappear.

Left with the now Kodak product and Konica Minolta product relabeled as IKON gear we went out into the world to find out that people were a bit spooky to buy from us. As everyone let the doom and gloom get to them they found themselves not looking forward to what could happen but what they thought would happen. They allowed their “filters” to get in the way of their possible success and forced a self fulfilling prophecy of doubt and unbelief. The doubt and unbelief led to many deals being lost and with it their self confidence.

Now deep into the merger I have nowhere to turn to but to move forward with our Ricoh gear and make the best of it. I have looked at the alternatives and they are not good.

* Xerox Corporation over the last 12 months

As you can see Xerox is not the place to run to.

* Canon Corporation over the last 12 months

And Canon isn’t the place to run to.

Well there are no GREAT places to go. I decided that it was better to sell Ricoh for IKON than take my chances riding a new horse. Xerox hasn’t changed much in their production gear in about 10 years. Still living in the decade of fuser oil and pushing old technology with updated firmware is not an attractive future. Canon on the other hand has upgraded their technology but lacks the organizational breadth. They also can not move quickly in the field, they do not empower their on the ground people to be able to make business decisions for them, and I cannot even imaging working for an undercapitalized dealer ever again.

One of the things that sets IKON aside is the support for the gear. With a very broad range of products that go way beyond the equipment we have the people in place to design, implement and support long term the solutions that companies need to solve their issues and accomplish their business objectives. Since I sell the "big iron" I would fall victim to failure without this type of indepth support and ability to make quick business decisions in the field. Now with the financial strength of a successful manufacturer that is committed to research and development of new and innovative production products along with the IKON service and support I have a winning team to play on.

With what probably is a stronger portfolio that we have ever had we walk around defeated like a tiger with no roar. Like commercial print is dead or something. I had a sales manager "get stuck" with the “print for pay” rep that would take over half of my old territory. Now an overlay to support more people and help justify my existence I am now working feverishly to handle down the street accounts, major accounts and print for pay and national franchise accounts.

“Michael, this is going to be an impossible position to fill.” He said. “Find me someone that isn’t scared to do cold calls and we will be fine”, I said. Almost a month later I ask him, “Hey where is my guy?” “Well I have 2 I’m looking at but you will have to talk to them.” As he shies away from wanting to half to sell the program to them, he asks if I will talk to them. When there are plenty of positions open why would anyone want that position? Well that is all in the way you position it I was thinking. “Do you think that you have a sellable program?” “Not only is it sellable, but it is a profitable one as well,” I added. “Well then you are going to need to talk to them” he said. I told him, “Fine bring them on.” I mentioned. Now what you have to know is that I am passionate about printing, and I love the silly process of putting marks on paper. So these guys were toast!

I sat down in the driver’s seat (manager’s chair) and he brought them in and introduced them to me. I explained the corporate initiative and how I became the GAR. I talked about the program and its goals. I talked about the transition and how we needed better coverage and penetration into these accounts. I talked about the struggle of all new business development and the excitement of large equipment deals. I talked about the complexity and negotiations needed to secure these high volume accounts. I went over how they would have to be the best of the best or find another position.

After the interview and presentation, I had 2 willing volunteers. The sales manager was amazed, but I was not. Who would not want to work with the pirate? Who would not want to follow someone that is hell bent to succeed and believes in the cause? I too have drunk the Kool-Aid and am ready to move on. I have no more time to look back and wish for different circumstances.

All I know is that I have Kodak and Ricoh products to sell and a lot of people buying stuff all the time and it needs to be my stuff. Eventually everyone will get on board or float away drifting into failure. I am sure that eventually we will see a new generation that never knew IKON selling Canon or never knew IKON selling Konica Minolta. Canon and Konica Minolta is going away but what is left is enough to be wildly successful. So here I stand looking in the mirror. What will I do?

Will I filter everything with my own thoughts and fears, or will I look at things from my customer’s perspective? Will I look at the backing that I have to make things right and the infrastructure that makes me unbeatable? We must wake up each day and look forward to the battle. If not it is time to choose a different war.

With Sword drawn I run to the fight,

Pirate Mike

*Charts came from MSN Money...