September 7, 2005
On August 2, 2005 the SEC Advisory Committee on Smaller Companies asked for feedback to a number of questions regarding the impact of SOX on Small business.
The committee stated: The SEC Advisory Committee on Smaller Public Companies is soliciting
public input on issues related to the current securities regulatory system for smaller
companies, including the impact of the Sarbanes-Oxley Act of 2002 on the system. The
Advisory Committee is doing this by publishing a series of questions and asking
interested parties to respond to the questions.
As a worker for start-up technology companies over several years I can say with all confidence that I fully understand the issues related to funding for these companies.
However, my comment in this case concerns not the impact of SOX on small business funding. Or do my comments relate to lack of funding and its impact on the viability of the company.
Instead I want to comment on the treatment of employees by the management of these small start up. While working for these companies, I have seen people in all professions treated extremely poorly.
I have seen the ego centric behavior of the founders and senior executives and its impact on employees and customers. Ultimately, this behavior is so disrespectful toward others that I have seen people get fired for not reason, I have seen several prospective customers go to competing companies just because they did not want to work with the senior executives at our company.
This has a severe impact on the success of any company. The venture funders or angel funders have NO IDEA HOW THE SENIOR MANAGEMENT IS TREATING PEOPLE BOTH WITHIN THE COMPANY AND BEYOND. Subsequently when the business fails they tell the investors that it was because of other reasons. I have read more false press releases regarding company closures than I can remember. And I can assure you managements behavior is never mentioned.
These senior executives just move around from one start-up to another telling the sames lies to new Venture capitalist and receiving new funds and positions without regard to truth or warrant. The board has no awareness of of what really takes place and causes the downfall of these organizations; particularly as it relates to the treatment of employee.
I cant tell you how many times I have witnessed termination of workers that were completely unlawful. The courts dont protect these individuals.
The mistreatment of employees leads to the misuse of the public funds without questions. The human ramifications are significant. If there is going to be a government advisory committee responsible for oversight of small business there needs to be some form of review with respect to the companys employment policies and treatment of workers.
The mistreatment of employees leads to the failure of many of these start-ups. It is unnecessary and a waste of investment funds and human capital.
There needs to be coordination between government financial governance and government employment governance . We cant compete with just a hand full of honest companies that are lead by people of integrity. Especially, when the number of those companies gets less and less... This is just common sense.
My comments come under number 29 Miscellaneous.
I hope to hear from Mr. Katz the committee officer with regard to my comments. I would be more than happy to elaborate further Mr. Katz if you wish. I am sorry this request is late.