That may be good news for California-based tech employees who want to take their skills to another company, or head a start-up that may directly compete with their former employer. "Noncompete" contracts, in place largely to protect an employer's intellectual property, began being used by companies during the dot-com boom to prevent losing valuable workers in a competitive technology labor market.

The California law has been in existence since 1872, forbidding "noncompete clauses" that restrict management employees' options in their next job or business. But the law has been interpreted differently throughout the state, and the 9th U.S. Circuit Court of Appeals in San Francisco has ruled in favor of allowing a company to limit their employees' future job choices, as long as it doesn't prevent them from working in the same field.

Thursday's ruling was a response to the Edwards vs. Arthur Andersen case, stating clearly that Edwards, a tax manager, signed an invalid noncompete clause. The court said in its final disposition (see PDF) that "Non-competition agreements are invalid...in California even if narrowly drawn."

No application relationship diagram is available – When it is time to upgrade or change and you find that there is no application interface definition nor is there any documentation which tells you how the application interfaces with all of the other applications within the enterprise.

Key employee is actively seeking a new job or looking to retire – Out of 100 IT employees 22 change jobs within each 12 months.  Add to that the fact that between 20 to 30% of "legacy" system experts are going to retire within the next 5 years and you have another issue the CIO needs to address.

Users and the CIO want an application and you cannot document the ROI – Pressure is placed on you to build the business case for a new application or an enhancement to an existing one and you cannot prove that it meets the enterprise’s ROI threshold.

You do not know what the CIO’s vision is – You are in a meeting with users and the CIO and say something that shows that you are not on the same page as the CIO.

• Manager Enterprise Architecture
• Project Manager Enterprise Architecture
• Enterprise Architect
• CIO
• CIO - Small Enterprise
• Chief Compliance Officer - CCO
• Chief Security Officer - CSO
• Manager Database
• Manager SOX Compliance
• Capacity Planning Supervisor
• Change Control Supervisor
• Database Administrator

The Internet and IT Job Description WORD files have also been updated to include these changes.

In a research published recently in the Journal of Research in Personality, the scientists took a look at just e-mail addresses and had the people who created them fill out a brief personality questionnaire. Then, they asked other students to rate these same addresses to find out if the e-mail names seemed to be neurotic, open, agreeable, conscientious, narcissistic or extroverted.

They discovered is that the students tended to judge people based on their addresses. The researchers say it's astonishing that the sliver of information that you pass on in your e-mail address can be enough for people to get a valid read on your personality.

Their advice is simple: Choose an address you like. After all, is it really such a bad thing for others to see you the way you are?

A culture change from decisions being made from a large to a small group of people might force an employee to quickly adjust the way they get things done. A change from a U.S focused IT organization to a global one might put pressure on a worker to adjust their schedule, and their way of communicating with customers to fit the culture.

However, the message is that the onus is on the IT professionals to adapt to the changes being made within their departments. Yet most employees have from time to time felt that the culture of their group was changing and perhaps leaving them behind. Is the only option to quietly focus on getting another job?

As the culture changes the IT professional needs to be aware of the way decisions are made, who makes the decisions, and how that impacts them?  If that is not understood and dealt with frustration and poor performance follows.

• Obtain a university or technical degree – A BA or BS will have value long past that of a certification that will be out of date in a few years.
• Build your network of peers and potential employers - You need others who will vouch for you, whether you are transitioning outside your current company or aiming for an internal promotion, so it is important to build trust and respect with your peers, bosses and associates. As a part of this effort, focus on improving your communication skills.
• Increase Your hardware, software, and application experience -  If you are  going to have to use IT hardware, software, and applications, maintain them for other users or convince customers to include those products in solution, you need to be able to discuss your own experiences with those products.
• Attend training and seminars of the latest IT solutions – Expand your knowledge and experience base by every means possible.  There are many training and seminar programs that are available from vendors – attend them and then quickly apply what you have learned.
• Expand your on-the-job experience  - Whenever opportunity arises, throw your hat in the ring for that new project, whether or not it is outside your areas of expertise.  Pursuing projects outside the normal scope of your job responsibilities not only expands your marketable knowledge and experience, but can put you in the position to meet, network with and impress new people.

The startup rate among unemployed managers and executives fell to 4.3 percent in the second quarter, compared to 7.2 percent in the first quarter. Last year, 6 percent of job seekers abandoned the traditional job market for entrepreneurship in the second quarter, according to the study.  The second quarter figure was the lowest since the fourth quarter of 2000, when only 3.5 percent of job seekers started their own firms.

The CEO of Janco Associates, Victor Janulaitis disagrees.  Mr. Janulaitis said, "We are seeing enterprises of all sizes begin to be more cautious - they are now deferring both hiring and spending."

The IT unemployment rate inched up one-tenth of a percentage point last quarter to 2.3 percent, but still hovers near historic lows. That is in contrast to overall unemployment, which last quarter stood at 4.7 percent, more than double the IT jobless rate. (In June, overall unemployment stood at 5.5 percent for the second consecutive month, after shedding 62,000 jobs that month. Comparable numbers arenÂ’t available for computer-related occupations.)

Why would IT employment remain robust as unemployment rises in most other job categories? IT performs a critical role in business productivity, and the efficiencies it brings are crucial for employers looking to trim costs - including payrolls - as fuel and related expenditures soar and the economy and dollar weakens. In addition, companies today cannot operate without functioning IT systems, so certain business technology skills cannot be eliminated if a company wants to remain competitive.

A year earlier, the IT unemployment rate stood at 2.1 percent, with 3,599,000 workers employed in IT and 77,000 jobless and looking for positions in the field, for an IT workforce size of 3,675,000.

With 4,050,000 managers, professionals and other staffers holding or seeking computer-related positions last quarter, the IT workforce has grown by 10.2 percent over the past four quarters.

Another sign of a strong IT economy: the number of workers employed by IT services firms rose by 56,100 this past year to 1,414,400, a 4.1 percent increase, according to last monthÂ’s BLS establishment survey of some 160,000 businesses and government agencies covering about 400,000 worksites. The active sample includes about one-third of all nonfarm payroll workers.

The increase in IT services employment reflects the continuing need by companies for outsourcers to manage corporate IT infrastructures as well as provide hard-to-find but needed skills to develop and support new applications and systems.

Not every person employed by IT services firms - officially labeled by the government as computer systems design and related services - is an IT pro, but a majority are. A 2006 government report estimates that 53 percent of IT services firms' workers hold IT jobs such as programmers; software engineers; computer, network systems and data communications analysts; or database, network and systems administrators. Another 3 percent are computer and IS managers. The remaining employees—44 percent of payrolls—encompass non-IT managers and administrative and operational support personnel, including those in finance, human resources and sales.

Besides the establishment survey, the government also queries 60,000 households to determine employment and unemployment in the U.S. For our analysis, we use a BLS quarterly report that aggregates the monthly reports and details employment in hundreds of occupation categories. The government tracks seven major computer-related job categories: computer scientists and systems analysts, computer programmers, computer software engineers, computer support specialists, database administrators, network and computer systems administrators and network systems and data communications specialists plus computer and information systems managers.

CIO Insight analyzes these eight occupation categories to determine current IT employment conditions. Because these IT professions comprises less than 3 percent of the overall workforce, and each occupation categoryÂ’s size on its own would be statistically unreliable, CIO Insight aggregates the last four quarters to determine each quarter's workforce, employment and unemployment levels. For example, we added BLS data from the last two quarters of 2007 and the first two quarters of 2008 then divided by four to determine second-quarter 2008 data. Statisticians and economists say aggregating four quarters worth of data makes them more statically reliable than just using one quarter's worth of data.

• Becomes a player in creation of the business plan and strategy processes
• Improving the Infrastructure of IT and focusing on improved service levels
• Adding value to and improving the business operational process
• Providing accurate and timely data which complies with needs of all users – both internal and external
• Driving innovation with both technological and systemic advancements

• Benefits such as 401k's and extensive health and dental insurance which are employer paid
• Work environment that allows for a personal life
• Organizational structure that lets everyone contribute to the success of the enterprise
• Ability to talk with management freely and openly
• Place where everyone has the ability to be seen by management

If we are all working hard on our careers, plus doing our jobs well, is there time for anything else? There is if you work in Utah because of the number of outdoor activities you can participate in without having to fight crowds. To succeed in our careers means not only doing well in our jobs, but making sure that our jobs support the lifestyle that we desire. Unfortunately, when people complain about balance, often the problem isn't too much work, but too little life. Solving this problem can be as simple as scheduling non-work activities or as complex as seeking flexible work arrangements. But what "life" activities should be scheduled?

Two clear facts: No one but you knows what your perfect balance should be, and no one but you can know which activities hold interest.

In the case of Utah in the winter there is skiing, and the rest of the year there is golf, mountain and road biking, fishing, hiking, and boating. 

Before the Interview and while you are employed

• Keep track of your accomplishments and keep your resume up-to-date
• Focus your resume to the job you want to get
• Leave your existing job on a good note
• Keep your professional network alive and working
• Extend your search beyond the Internet
• Extend your search to every possible job not just the perfect job
• Have a generic cover letter ready to go
• Focus on your accomplishments in your resume and cover letter – use positive statements
• Eliminate all typos and grammatical errors
• Include your personal cell phone number as the best place to contact you

• Show up on time for appointments and respond to phone and email messages promptly
• Dress for the job you want
• Remember that first impressions last
• Asking meaningful questions
• Speak positively about former boss employers
• Focus and listen to interviewers
• Researching the position and the potential employer
• Be polite and do not discuss politics or religion
• Salary should be one of the last things discussed
• After the interview send a thank you note
• Follow-up but do not be over-aggressive
• Learn from each interview – What did you do right and what did you wrong?
• Keep track of where you have applied – add to your
• Assume you will not get a response from an interview – continue your search

In large business the positions in high demand are:

• VP - Information Service
• Director Systems & Programming
• Manager Data Warehouse
• Computer Operations - Shift Manager
• Voice Wireless Communications Manager
• Manager Wireless Communications
• Data Center Facility Administrator

In mid-sized business the positions in high demand are:

• VP - Security (CSO)
• Director Systems & Programming
• Director IT Planning
• Computer Operations - Shift Manager
• Computer Operations - Shift Supervisor
• Change Control Analyst

• Focus on results produced not the way or processes that are used
• Manage by not asking questions not directing them in how to do it
• Be open to new ideas and new approaches
• Know what you know and what you do not know
• Listen more than speak
• Provide opportunities to make your staff go beyond existing limits - make them stretch
• Remember that you are the leader and manager and do not abdicate that role
  Hire people smarter and better than yourself
  

• Users Rule - No matter what the IT professionals thinks the users are always right even if they are wrong.  If the user is not does not see the right path, the IT professionals must be able to lead them there with dictating the solution.
• The Business Rules - The mission of the enterprise should be the focus of solutions provided by the IT professional.  IT professionals should know the business and the processes that drive the business.
• Organization and Goals Rule - The culture and power structure of the enterprise need to be understood and managed to by IT professionals. 
• Relationships Rule - IT professionals who are trusted by management and non-IT peers are the ones who are the most successful.

That places expansion of the H-1B visa program on a path which could ultimately lead to its reduction and or defeat.