Folies in the extended family

Extending a family is never easy. But we are always better for it.
Photo by Craig Adderley on Pexels.com

My wife and I wanted to join our extended family together. As my wife’s parents grew older, they needed more help. My mother-in-law, Nana, struggled opening wide mouth pill bottles, of which there were many. Climbing stairs became difficult and soon impossible even with my father-in-law’s help.

The rest of the family included my wife’s and my three children and two large but happy bumbling golden retrievers, Copper and Taffy. Our goldens tried to help, but their support remained limited to the emotional. We needed a home where we could all live with, and get along with, and maybe escape from, each other.

Fortunately, my wife acquired great powers of observation by scouring neighborhoods looking for the right house. She could sense houses that would soon be coming on the market. Fresh paint, or new windows showed that someone intended to sell soon. Like Dorothy from the wizard of oz having to complete an impossible task of collecting that broomstick, my wife focused on minimum standards for the house such as a double driveway for all of the cars and a straight staircase for the wheelchair lift for Nana. And enough square footage that everyone could carve out their own separate space.

We chanced upon a lovely 1912-character home that could accommodate all our needs. The Kelly Brothers constructed the 4600 square foot, red brick, three-story beaux art style home for soon to be senator Benard. The same Kelly Brothers built the Manitoba legislature, defrauded the government, and caused the downfall of the reigning party. So, the house started off with a bit of ‘bad boy’ type of upbringing.

Once we found the home, the love of my life did grab me by the lapels and told me she wanted this house. Since I am lawyer, I immediately did the necessary due diligence and offered cash even though we needed a mortgage. I scoffed at the need for an inspection since with a character home, problems are to be expected and what problem could not be fixed by simply leaving a box of money out on the portico for the endless troop of contractors.

With a character home you retain the exterior and the interior. The wiring, plumbing and the completely random insulation material in between those two walls need replacement. 

Nana and her husband warmed to becoming a hamburger family where they played the bottom bun, the kids took the top bun meaning all of the third floor, while my wife and I essentially formed the meat in the middle. Copper and Taffy became the relish and mustard.

Character homes retain their own nature and personalities, and you ignore them at your peril. The boiler rates its own room along with a moat. Any fixture that comes with a moat deserves extra care and attention.

After joining families and furniture, we joined familiar routines. Grandpa excelled in getting the kids to school and picking them up. My flexible schedule allowed me to do more of the procurement and cooking. Nana’s extensive pill regime required a clocklike 6:15 dinnertime.

My cooking talents aligned with the Swanson’s TV tray style of cooking. I ensured a slot for protein, a slot for carbohydrates, and a slot for vegetables. During one holiday preparation, my father-in-law wheeled Nana backwards through the kitchen to the lift at the back staircase. During that brief 10 second tour, she managed to list 10 different spices and steps to get that perfect turkey. My father-in-law smiled quickly, but he didn’t slow down either and up the lift she went. I picked up my cooking game and incorporated most of her suggestions.

Of course, my wife and mother-in-law had not lived in the same house for the past 22 years, so I quietly observed the power dynamic shift. Except for when I had to step in front of the proverbial unstoppable force meeting the immovable object. I always imagined myself flying through the air, parallel to the ground, arms outstretched, in slow motion while yelling ‘noooooo’! Also, the house provided 4600 square feet of emotional space. Important safety tip for anyone considering this arrangement.  

Copper and Taffy became highly protective of Nana. They would come in and lie down with their heads towards the door and their horse size rears facing Nana. If the dogs had gaseous episodes, her respite involved turning up the fan higher.

Our kids camped on the third floor where the servants used to live. That notion did not rub off on any of the children. But they did regale Nana with all of their latest soccer, football, rugby scores cross country race times. This became the best part of her day.

As kids started to age out of the house, the next one vied to get the largest room and repaint it to claim it as their own. When they boomeranged home, the chagrined returners became relegated to the smaller rooms.

The home’s Tyndall stone front steps finally started to crack, and one smart blow with a sledgehammer collapsed it. We replaced the steps with a comparable pressed concrete. We intended to have our eldest son and daughter-in-law married on the steps that summer. The ceremony started along with the rain, so we pushed everyone inside. We moved two family’s worth of furniture against the oak paneled trim in the living room and squeezed all 60 people somewhere inside. The steps did not have their moment of glory. But we do have two more children.

For the house, there were some firsts, and some lasts. Nana could shuffle slightly to the next room.  I was down the hall when I saw her catch her foot ever so slightly and fall. I held her till the ambulance came. She spent her last days in the hospital then.

My father-in-law still lives with us. He prudently gave up his car a year ago, so now we drive him around. Having a parent give up part of their freedom that they have had for more than 75 years can be tough. Digging through the basement archives, I found a photo of him in his flight suit standing in front of his sabre jet. We keep the photo in the front hall as a reminder that we all came from somewhere.  

After COVID struck, we grounded him to the house. After getting his dual vaccinations, he became the typical teenager with a driver’s license wanting to cruise the world. But until that time comes, he cruises the world on his desktop.

We still have two golden retrievers, Maguire and Seamus now, but all of the children moved out. I took over the third floor for my COVID office. My fortress of solitude.

The character home fulfilled our purpose of joining our families physically and emotionally, but the home needs to re-fulfill its own purpose of being full of life.

No one truly ‘owns’ a character home due to the permanent nature of such a home and the ephemeral nature of owners. Some people and pets have now come and gone, but the character home that brought us together remains for the next generation.

We hope one of our kids kept notes for any new potential family joining.

Gary Goodwin

Living la Covida Loca in the office

Photo by Andrea Piacquadio on Pexels.com

Now that office and home blurred into this wonderous mix of continuous office work and housework, one might wonder about what the future might hold. Here is a helpful list

  1. We have learned how to zoom and Microsoft teams. All those meetings that could have been an email have been revealed for what they truly are. Little black holes where not even the truest wisdom could possibly escape. You will be emboldened with this newfound knowledge.
  2. Housing prices went through roof. The fear of missing out drove so many into purchasing something they may not live long enough to pay off the mortgage and regret. As Thoreau said, it wasn’t so much that they got the house as the house got them. You will have to downsize your home office to make room for your adult children boomeranging back.
  3. All the introverts became ecstatic at being forced to binge watch to their hearts content. They are now dreading having to work socialize once again. I’m just saying this because a friend told me. But with all those shows, now you have something to talk about.
  4. A lot of people went out and got COVID-19 support pets. We already had two golden retrievers before all this happened. I did splurge and got one more koi for the pond out back. The little guy has taken refuge in the pond filter for the last couple of months. Like everyone in their home. He will not be happy come fall when everyone comes back in the aquarium to overwinter. Look into automatic feeders. For the pets, not your children.
  5. Time will tell if we see a lot of COVID-19 children. If anything, there might be a pullback since few people are entering into new relationships. There may be less tension in the air since people have a reason not to keep entering the dating scene. Few people really regret binge watching. It’s more of a humble brag when they do mention it.
  6. Putting in an automatic reply that you are on vacation will change. For the office, go to voice mail and email. For the rest of family, you will have to rely upon sticky notes on your door and auto reply on text, in case that is the only way your children now interact with you.
  7. For the office, divert incoming work to a trained associate. For the home, divert laundry to a trained child and just be prepared to live with the results.
  8. For the smaller office, just ensure automatic payments are going for various repetitive expenses. For the home, arrange for a once-a-week delivery of frozen easily microwavable foodstuffs. And a bottle of chewable vitamins since healthy and microwaveable are rarely in the same sentence on the wrapping.
  9. Now that the pandemic existential crisis is coming to an end, and the climate existential crisis never left and is picking up speed, the next crisis will be what to wear to work. Now that employers might have this expectation you have to return to a place of employment
  10. If you picked up the COVID 20 pounds, then maybe the only things that still fit are shoes and hats. Everything in between became a distant memory.  You will have to remember the fun you used to have going to the mall to shop aimlessly. You have been given a renewed purpose!

Keep living the Covida Loca!

Can you still zoom from Walden’s Pond?

Pexels

Employment appears to be headed for the great resignation. A number of potential retirees delayed retirement owing to the uncertainty COVID brought back in 2020 and still continues today. The dust began to settle, and the delta dust began to stir things back up again. But eventually, this cohort of retirees will eventually leave along with the employees planning to retire in 2021 regardless.

There is another even larger cohort of knowledge workers that have seen what a simplified life might be like. Those that zoomed from their own virtual Walden’s pond may be realizing that there is more to life than simply another series of incremental meetings.

Thoreau emphasized simplify, simplify, simplify. Was it worth working that extra acre of farmland (or attending another zoom call) to purchase those blinds or that copper pump?

The new normal might look a lot simpler.

Bit by bitcoin mining

You load sixteen tera-tons, what do you get?
Another day older and deeper in debt.
Saint Peter, don’t you call me ’cause I can’t go
I owe my soul to the electrical store
.

As you already know, Bitcoin is all the rage.  The specter of government regulation has knocked this enthusiasm down somewhat.

Notwithstanding the price volatility, the benefits of mining Bitcoin remains attractive for those that know where to look. And by look, I mean looking for cheap electricity.

Back in the heyday, you could use a simple laptop to attempt to mine Bitcoin. Now for any chance of success, you have to run a server farm. Perhaps we can change the metaphor from mining, which suggests gold, to farming, which suggests easily washable boots.

Countless computers across the globe attempt to mine Bitcoin by solving an algorithm. This proves and validates the correctness of a new transaction. Every 10 mins or so, some lucky miner solves the algorithm and receives a reward of 12.5 Bitcoins. All the other computers verify this and then stop what they are doing and start at the beginning again.

If the entire process sounds wasteful, then you would be correct. The Bitcoin mining process now takes up more electricity than the majority of countries. Current estimated consumption is 61 TWh. Mining requires the equivalent of the yearly electrical requirement of Switzerland, and just a bit more than Columbia. This power could sustain over 5 million households. Just a short while ago, some pundits were claiming that mining Bitcoin would the major user of power by 2020. And like anything, projecting exponential growth from the past into the future never really pans out.

Mining produces revenues of $6.3 billion and costs of $3 billion, providing a substantial margin of 48% plus other costs.  Needless to say the carbon footprint of this type of mining is quite extensive since a number of countries rely on coal. China plans to limit the amount of electricity to miners which are estimated to be using up to 4 gigawatts of electricity, or about three nuclear reactors worth of energy. Plattsburg in the United States placed an 18 month moratorium on crypto mining owing to the extensive electrical use.

There is a lot of debate as to the actual electrical usage, but no one really knows what is happening in the black box. Suffice to say that a lot of energy is being wasted on chasing an algorithm that someone else will likely solve.

There are only a limited number of Bitcoins and more people are chasing them with increasing levels of computing power. The electrical requirements today are quite substantial since everyone has to obtain this ‘proof of work’ standard to qualify their Bitcoins. Think along the lines of will the sun rise tomorrow probability?  A lower standard such a ‘proof of stake’ may qualify but the security standard would be lacking. Think along the lines of will I rise tomorrow probability? Usually pretty good, but I might be wrong someday.

A single Bitcoin transaction takes the energy equivalent of thousands of credit card transactions. So actually the cost of a bitcoin transaction is more akin to ‘priceless’.

The security of Bitcoins do come into question since there has been substantial hacking in some countries. Bitcoin can be like the canary in the crypto-currency mining process. But instead of the canary dying, we are talking about the crypto canary disappearing completely. And instantly.

The disappearance of all remaining Bitcoin to be mined would be the signal that someone successfully created a quantum computer. The first use of such a computer would likely not be to solve the mysteries of the universe, but rather to solve the algorithm to grab the balance of the Bitcoins to be mined.

This may take ten years, or perhaps less. As Yogi Berra opines, it’s tough to make predictions, especially about the future.

Don’t dread eating tomorrow’s frog

If your job is to eat a live frog, then best to do it first thing in the morning. If your job is to eat two frogs, then start with the biggest one. This is the wise collective wisdom of productivity managers and of course Mark Twain.

This provides a great example of why people procrastinate and perhaps a way to cope with it. This leads into why people procrastinate at all. You can understand why people might dread eating a cold frog in the morning as opposed to a warmed-up frog in the afternoon.

The New Yorker gave an interesting analysis of time. It’s only during the 3 seconds that you can sing “Hey Jude” that you can really perceive what is happening. Everything after that window is simply the past, and everything before it is simply the future. The New Yorker analyzes some thinkers on the subject that suggest you weigh the past, present and future time equally.

Why dread eating that future frog when you likely no longer dread eating that past frog. Neither are in the moment. So, you are better off living in the moment and perhaps only dreading that next bite of frog in front of you and leaving the dread of tomorrow’s frog in the future instead.

The Necktie is dead.

Long live the necktie

photo by Pexels

Now that the pandemic existential crisis is coming to an end, and the climate existential crisis never left and is picking up speed, the next crisis will be what to wear to work. Now that employers might have this expectation you actually have to return to a place of employment.

If you picked up the COVID 15 pounds, then what is left in your closet that still fits might be thin. Even if you aren’t any more. But the old standard necktie can still fit so long as it eventually reaches the top of your belt buckle. Although some politicians see fit to wear it longer.

If there was a time to cast aside old customs, then it is time to end the necktie. Shoelaces help keep your shoes on. Belts keep your pants up. Suspenders help you imagine you are Michael Douglas in Wall Street. But ties just seem to hide your shirt buttons and make it awkward to undo that top button. Even if loosening your tie makes you look like you are truly working hard.

The next step will be to rid ourselves of shirts that have collars to hold the tie. This is the first in a series of steps to finally get back to the tee-shirts you have been wearing for the past 18 months.

The New Abby Normal

Photo by Olya Prutskova on Pexels.com

We live in interesting times.

Will the times ever become less interesting in the future? Doesn’t seem likely.

  1. We have learned how to zoom and Microsoft teams. All those meetings that could have been an email have been revealed for what they truly are. Little black holes where not even the truest wisdom could possibly escape.
  2. Housing prices went through roof. The fear of missing out drove so many into purchasing something they may not live long enough to pay off the mortgage and regret. As Thoreau said, it wasn’t so much that they got the house as the house got them.
  3. All the introverts became ecstatic at being forced to binge watch to their hearts content. They are now dreading having to socialize once again. I’m just saying this because a friend told me.
  4. A lot of people went out and got Covid support pets. We already had two golden retrievers before all this happened. I did splurge and got one more koi for the pond outback. The little guy has taken refuge in the pond filter for the last couple of months. Also binge watching I suspect. He will not be happy come fall when everyone comes back in the aquarium to overwinter.
  5. Time will tell if we see a lot of Covid children. If anything, there might be a pullback since few people are entering into new relationships. There may be less tension in the air since people have a reason not to keep entering the dating scene. Few people really regret binge watching. It’s more of a humble brag when they do mention it.

Keep living the Covida Loca!

The Dangers of Wine (bottle openers)

This father’s day, let’s talk about safety and the dangers of wine. I actually mean wine bottle opening.

My favorite bottle opener has the traditional worm gear that drives the screw into the cork. The second part is the rack and pinion operated by the levers.

After 45 years of opening wine bottles, I finally managed to catch the tip of my thumb in between the steel rack and the steel and equally unforgiving pinion.

Anyway…

Be careful this father’s day. Let your adult children take care of things tonight. They are far more nimble and heal much faster.

#safety#love#fathersday2021#wine#health

When you ask for a release, apologizing after does not cut it.

“That it’s too late to apologize, it’s too late

I said it’s too late to apologize, it’s too late

Too late,”

OneRepublic

Apologizing fixes many things, except the past. The past remains well crystalized. We see a fine example of apologizing not fixing the repudiation of an employment contract.

Ms. Perretta started work at Rand as a customer advocate on September 29, 2014, pursuant to a written employment agreement dated September 11, 2014. Rand promoted Ms. Perretta to the position of sales representative effective November 1, 2018, pursuant to a new employment contract dated October 23, 2018. The 2018 contract stated Rand could terminate Ms. Perretta’s employment without cause by providing two weeks notice or pay in lieu of notice plus the minimum notice or pay in lieu of notice, benefits and severance pay required by the Ontario Employment Standards Act.

Rand terminated Ms. Perretta’s employment on March 31st, 2020. However instead of providing her two weeks pay in lieu of notice, Rand provided her with a letter demanding a release prior to payment of the two weeks severance.

Ms. Perretta’s termination letter included an “Enhanced Severance” offer whereby Ms. Perretta would receive the two weeks’ salary only upon within 7 days signing a detailed three page release, returning all company property, continuing to be bound by the Confidentiality and Non-Competition and Non-Solicitation provisions of the 2018 Employment Contract, modifying her LinkedIn profile and repaying Rand in case she breached any of these terms. Her employment contract did not include any such requirements.

Ms. Perretta pointed this out to Rand, but instead Rand reiterated its demand for a full release prior to payment. Rand then proceeded to ask not once, but twice to have the release signed before advancing the severance. Mr. Perretta’s lawyer pointed out the error to Rand that the employment contract did not include such requirements, and it is only after this that Rand proceeded to pay out the severance. Of course, this did not end the matter.

Ms. Perretta’s lawyer (dare I say cleverly) took the position that Rand repudiated the employment contract by acting as if it was no longer bound to the terms of the contract.  Ms. Perretta then became entitled to payment in lieu of notice pursuant to the common law.

Justice Sanfilippo in the Ontario Supreme Court held that Rand attempted to deny the entire bargain of the contract. By refusing to pay the two weeks severance, Rand deprived her of the entire monetary benefit of the termination provision. Even if the oversite was an innocent lack of understanding of the employment agreement that Rand had drafted, this innocence did not override the serious nature of the repudiation.

The court applied the test considering the surrounding circumstances whether one party acted as if the contract would no longer apply looking at the matter objectively. This includes looking at what the impact would be upon the innocent party and whether they would be substantially deprived of the benefit of the contract.

With respect, the termination payment seems a small component of the overall total compensation package of five and a half years of salary and benefits. The termination benefit was only .7% of the entire total compensation package over the term of employment. However, at the end of any employment relationship, the termination provisions do loom large. And this is when the employee is at their most vulnerable.

The court took particular notice that Rand’s lawyer did apologize a few days later after the termination. Sometimes apologies can help, particularly in medical malpractice. A sincere apology is an act of humility. This requires that the person recognizes that they have done something wrong and needs to acknowledge this mistake. But this makes the apologizing person vulnerable, and the last thing lawyers want to do is show weakness since this acts as a drop of blood in the water, not withstanding the sincerity.

This recalls George Burns’ quote of “Sincerity – if you can fake that, you’ve got it made.” This is not recommended since one’s sincerity, or lack thereof will always come to light.

Being sincere of course is not sufficient. You should also express regret and be specific about the harm. And of course, you mitigate the harm you have caused.

However, in drafting releases, employers normally try to squeak in as many provisions to their benefit at the end of any employment relationship. Here Rand attempted to include that Ms. Perretta had no other claims or action, consented to an injunctive relief in case she breached the release and agreed to a nondisparagement clause (which at this point every employer wants) and agreed to keep the terms of her employment termination confidential.

The last clause is particularly ironic since this court decision has been discussed in the media and is free on CANLii. And just so you also know, as Ms. Perretta was 5.5-year employee in a non-mangement role, she received 6 months wages.

This raises the question as to where to put these otherwise nice to have clauses. The only other location would be right into the employment contract right at the beginning of the employment relationship. As the employer and employee attempt to forge a positive initial relationship including these termination terms may seem somewhat hard, but as we should remember words of the great jurist Elton John, who sang that in actual fact “sorry seems the hardest word”.

For employers, it’s too late to apologize.

“That it’s too late to apologize, it’s too late
I said it’s too late to apologize, it’s too late
Too late, oh…”

OneRepublic

Apologizing fixes many things, except the past. The past remains well crystalized. We see a fine example of apologizing not fixing the repudiation of an employment contract.

Ms. Perretta started work at Rand as a customer advocate on September 29, 2014, pursuant to a written employment agreement dated September 11, 2014. Rand promoted Ms. Perretta to the position of sales representative effective November 1, 2018, pursuant to a new employment contract dated October 23, 2018. The 2018 contract stated Rand could terminate Ms. Perretta’s employment without cause by providing two weeks notice or pay in lieu of notice plus the minimum notice or pay in lieu of notice, benefits and severance pay required by the Ontario Employment Standards Act.

Rand terminated Ms. Perretta’s employment on March 31st, 2020. However instead of providing her two weeks pay in lieu of notice, Rand provided her with a letter demanding a release prior to payment of the two weeks severance.

Ms. Perretta’s termination letter included an “Enhanced Severance” offer whereby Ms. Perretta would receive the two weeks’ salary only upon within 7 days signing a detailed three page release, returning all company property, continuing to be bound by the Confidentiality and Non-Competition and Non-Solicitation provisions of the 2018 Employment Contract, modifying her LinkedIn profile and repaying Rand in case she breached any of these terms. Her employment contract did not include any such requirements.

Ms. Perretta pointed this out to Rand, but instead Rand reiterated its demand for a full release prior to payment. Rand then proceeded to ask not once, but twice to have the release signed before advancing the severance. Mr. Perretta’s lawyer pointed out the error to Rand that the employment contract did not include such requirements, and it is only after this that Rand proceeded to pay out the severance. Of course, this did not end the matter.

Ms. Perretta’s lawyer (dare I say cleverly) took the position that Rand repudiated the employment contract by acting as if it was no longer bound to the terms of the contract.  Ms. Perretta then became entitled to payment in lieu of notice pursuant to the common law.

Justice Sanfilippo in the Ontario Supreme Court held that Rand attempted to deny the entire bargain of the contract. By refusing to pay the two weeks severance, Rand deprived her of the entire monetary benefit of the termination provision. Even if the oversite was an innocent lack of understanding of the employment agreement that Rand had drafted, this innocence did not override the serious nature of the repudiation.

The court applied the test considering the surrounding circumstances whether one party acted as if the contract would no longer apply looking at the matter objectively. This includes looking at what the impact would be upon the innocent party and whether they would be substantially deprived of the benefit of the contract.

With respect, the termination payment seems a small component of the overall total compensation package of five and a half years of salary and benefits. The termination benefit was only .7% of the entire total compensation package over the term of employment. However, at the end of any employment relationship, the termination provisions do loom large. And this is when the employee is at their most vulnerable.

The court took particular notice that Rand’s lawyer did apologize a few days later after the termination. Sometimes apologies can help, particularly in medical malpractice. A sincere apology is an act of humility. This requires that the person recognizes that they have done something wrong and needs to acknowledge this mistake. But this makes the apologizing person vulnerable, and the last thing lawyers want to do is show weakness since this acts as a drop of blood in the water, not withstanding the sincerity.

This recalls George Burns’ quote of “Sincerity – if you can fake that, you’ve got it made.” This is not recommended since one’s sincerity, or lack thereof will always come to light.

Being sincere of course is not sufficient. You should also express regret and be specific about the harm. And of course, you mitigate the harm you have caused.

However, in drafting releases, employers normally try to squeak in as many provisions to their benefit at the end of any employment relationship. Here Rand attempted to include that Ms. Perretta had no other claims or action, consented to an injunctive relief in case she breached the release and agreed to a nondisparagement clause (which at this point every employer wants) and agreed to keep the terms of her employment termination confidential.

The last clause is particularly ironic since this court decision has been discussed in the media and is free on CANLii. And just so you also know, as Ms. Perretta was 5.5-year employee in a non-mangement role, she received 6 months wages.

This raises the question as to where to put these otherwise nice to have clauses. The only other location would be right into the employment contract right at the beginning of the employment relationship. As the employer and employee attempt to forge a positive initial relationship including these termination terms may seem somewhat hard, but as we should remember words of the great jurist Elton John, who sang that in actual fact “sorry seems the hardest word”.