>> no. because people would forgive though website but not this. think you for being with us. after the mess up who will pay up? i am charles paid in for a deal cavuto. ups and fedex some of the biggest retailers doing damage control after failing to deliver lots of packages by christmas. but they are not apologizing in amazon gives a $20 gift card with shipping refunds for those who were impacted. but our first guest says her guests were late and damaged and also john is in the

field how businesses will respond. jill, adding insult to injury? late and damaged? >> 25 years i have been shipping packages to rerb free travel at christmas i know to buy early, a shipper may, package and i shipped from north carolina on the 13th the dps said it would be in houston by december >> epf told me they would be in houston by december 18 as well as 19. when i arrived on the 22nd, the packages were not here. we have only kept the routing number onon friday. and then overnight e have said sorry, unexpecd delay, monday after delivery, unexpected delay.

i had e-mailed them and checked it and i have known other people were having problems. and that is when contacted, the boxes showed up, but both boxes were totally destroyed. one hand then taped back together and we lost a few small gifts from them. and at that point i think i was just happy to have the boxes. but they were pretty destroyed once we got them. charles: the loyal customer, this is not how you keep a loyal customer. that at what point have known there was a problem in what could they have done to mitigate damage with us? >> i think if you go back to the biblic debates. they had to know what was going on. research sid they would have to

do an increase of 50% of spending, which comes out to about $70 billion in online buying from consumers. they should watch the trends, they should be prepared. there is no excuse for comes to delivering great customer service. charles: is this part of the cost cutting world that we live in? >> you also have fedex and ups. [laughter] >> the bottttom line is how aman is stepping up and taking charge. at the end of the day, that's what we are going back to. what they have done is far different from what the consumer has another big thing to realize

and i'm sure that amazon is going back and saying that we had guarantees in place and you will be responsible. that is still no excuse. and the other thing is that the american consumer sometimes has a short memory. and if it happens again a second time, that memory will not be so sure. and we have to step up as businesses and deliver what we promised. otherwise, we will create a moment of misery. charles: john, didn't last long for any of the players involved. and if there is no ramificatns from a stock market point of vi, do you think anything will happen from this? >> no, not particularly. they should've been better prepared. they hired a part-time workers, they underestimated the demand and also the problems with the weather.

and this this includes people who have a short-term memory. and so they better be better next year at christmas. and so the stock is up 40% from year a year to date. it's a great company. you are one of these people and they did make a huge mistake when they said a small number of passengers packages were lost. that was a massive publicity faux pas that they had. they will be okay, but they just need to be a lot better next year and that is the big question that they have. charles: amazon said that there was a me a call book. they said it wasn't our fault, but this is what we will do for you. is that by goodwill and the growth of the company? >> that's right, you can't win, people get behind a keyboard and they become really tough and

they're going to send out massive negative things no matter what you say.. you give them some type of refund or coupon and at least ople start to feel made whole and the company reached out to them. also a nice apology would certainly help. charles: people have short-lived memories and what bout you? will make you whole from this fiasco? >> welcome i don't think i would use ups again based on is from customer service, trying to talk to them. it was totally unorganized. charles: what exactly did they do? >> they gave me the runaround. and i kept trying to say save it out for deliveryman out for delivery. and that's not what it means. it means of fitting in houston for them five days on. from a customer service standpoint, not so sure. i will think twice who i use

next year. >> if they were to say right off the gate that we must definitely underestimated this whole thing. and we will touch base one we find out. would that have built more loyalty to the process? >> it is about honesty and being proactive and go back to the retailer and say that i want to order this ite again and ship it overnight. and there are two items that are out there going to the same destination. one of them will get returned. but at least it culminates the problem and it certainly will save a lot of hard feelings on the backend. and we wouldn't be on the show today complaining and saying negati things about ups had that taken place. the one we are glad you got what you got and hopefully it makes your holiday better as the week goes on. thank you all so much. and anyone celebrating christmas

and permute up, they understand. come back again. >> we sure well. happy new year. charles: workers across the country will be seeing bigger paychecks next year. but the states that are making thei way through my be trying to stick it to the white house. we will find out more coming up [ male announcer ] this store knows how to handle a saturday crowd. ♪ [ male announcer ] the parking lot helps by letting us know who's coming. the carts keep everyone on the right track. the power tools iroduce themselves. all the bits and bulbs keep themselves stocked. and the doors even handle the checkou so we can work on that thing that's stuck in the thing.

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charles: workers might get horrible news and some businesses. some hiking the minimum wage for workers in 2014. the white house is pushing for a higher minimum wage. and some say that hiking the wages are bad for business. >> it doesn't mean okay but less jobs. so the survey has shown that if you make things more expensive, you will get less of it. and it makes their salaries more and you look at mcdonald's, this is the thing. charles: you have a lot of

people saying from a compassionate point of view we have to pay people livable wages, something tha they can pay their bills on. otherwise it does not make any sense. >> yes, we want these people do have jobs and raise the minimum wage. the heritage foundation has crunched the numbers. i mean, where are these things going to go? i started working and you work your way up. the majority of people then get hikes after the first year. and i have to get experience and start at the bottom. charles: everyone involved, the proponents, they know this and they talk about this and they have done this. so why are we seeing so many states add this to the state

constitution's? minimum wage that is adjusted. >> yes, 70% or more of the american population says let's just raise the minimum wage and nothing will happen. but the truth is not exactly go along with that and the numbers don't add up. unfortunately what you're going to do is eliminating jobs. charles: on the places where this has been done. where the minimum wage has been raised in the two years later there were fewer jobs. >> yes, important policies instuted, they are doing a minimum-wage watch. when it's raised, they are starting to lose jobs. you go back historically when it

was hyped to much and they start to go down and start it stifles and we are in a fragile economy right now. and there's not a lot of jobs out there. >> that it will be reasonable for anyone. >> $15 an hour, the area surroundinghe seattle airport. and if you are under a union contract you are exempt. so the whole $15 per hour, that was to get these non-unionized employers at the bargaining table. charles: in washingtondc you have a big-box retailer thing. and it's like they say they want wal-mart to pay up in

essentially the same thing and maybe force unionization on them in some form. who would you say $78, $9, at least to start to move a little bit? >> a lot of the proponents love it. but they wanted to do was index consumer price index. it's not inflation. minimal wage would actually be a part of this. charles: it's a big push and movement. and sadly, to your point, and so thank you so much. tonight he must be a hard-working guy. you ever take day off? >> number. [applause] >> more than 1 million americans are set to lose money this

weekend. and why it could be the best thing for them. we will have that next.ñ@ç@çpç

charles: more than a million americans will stop getting jobless benefits this weekend. these are people that the government considers long-term unemployed. the program that is not under the new budget deal. my next guest says it's a good thing. >> i do believe that this could be a disincentive for people to get out and findwork. we have seen all of this in a recession. people have to understand that this is preventing people from getting jobs because they do have extended emergency benefit

and if you have been unemployed for a year, less than one in 10. if you get unemployed come your odds are much higher. we have to motivate people. >> i certainly agree with that. >> anytime in history where we have a recession like this, we have always extended unemployment. and it's been just as you need. it just pushes people further into poverty. charles what do you make of the notion that as long as peop have that crux -- i have to be honest that i have to have a body and next are, i'm going tr. this is not necessarily uncommon

>> i'm jamaican, i have 10 jobs. i can't relate to that. [laughter] >> but there is such a rare instance of it. and this is about 20 to 30 years, 40 year worth of this, and i don't buy that. what they are is underemployed. which means the problem is going to persist and it doesn't meet their qualifications, part-time jobs. charles: everyone wants to be selective. if the right job doesn't come along. i man, on one hand i hear that this is a recession and i hear on the other hand it off to be part of the work issues. >> we didn't have emergency benefits until 2008.

2008 we had the longest period of slow enomic growth and high unemployment and what happened to barack obama's promise that he would have us down 5.2% at the end of his first term. that is a forgotten promise and honestly this is not working to get the economy rolling. jobs will have less pressure to offer and some of these people will not go back to work. they can offer jobs to build your economy. and we have to recognize that under ronald reagan we had this and so there is no 40 years of research. congress has expanded this benefit 11 times and some people have been on it as long as 99 weeks, which is two years. that's not a great population there. but a few key people unemployed for over a year, their odds of getting a job gets one or. >> but to your point, we are

talking about a small population based on mess. and if you add into that, the food stamps, but states right now don't have high wages. charles: the amount of people that have been put on food stamps, it is still an enormous cut. >> we want people to get out there and look for this. we have reports were the more people that come into the job market, the greater confidence that they have enough and underlying proponent of this successful economy, no matter who's in charge of it. >> if you'r talking about this, what will they have if someone is saying around them that we are going to cut all of your benefits and we are not going to a scale.

>> what would you say to someone who said that you are heartless. but yes, that's a lot, but right now the are no jobs. what would we be doing? >> i find it offensive that people are upt about unemployme benefits versus unemployment. and that should be the bigger outrage. what has this administration done. i am outraged and i'm a veteran. the first is the back and say, let's stay unemployed for two years and enables society. the benefits will be there for the first-time unemployment people. many agencies have said what you have said at the begining. because they get a check. >> sometis people make the

assumption that others are lazy and ican't make that assumption. i can't make that assumption. we sang? that they are not geting off the couch? >> don't put words in my mouth. >that you are saying that they are not going i'm looking for work. >> it's gone on for two years. suzuki was made. >> there have been 40 years of research. >> the recession is over. >> i don't think the recession is over. >> i guess you don't because you want to support this initiative. this is the floor o economic growth since world war ii. it slowed and why do we have the highest employment rate since world war ii? when we connect the dots,e see that we have enabled the population that your if you have been unemployed, your odds of getting job is less than one in 10. charles: one thing we can say is that the longer you don't get a job, the less skills that you

will have and even if it's a lesser job with lesser paid and you guys are both fantastic. we really appreciate it. charles: coming up next, the big red retailer target. is it too late? we will have that next. ♪ [ male announcer ] if we could see energy... what would we see? ♪ the billions of gallons of fuel that get us to work. ♪ we'd see all the electricity flowing through the devices that connect us and teach us. ♪ we'd see thatlmt 100% of medical plastics are made from oil and natural ga ♪

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charles: 40 million reasons not to shop at target. and facing massive returns of gifts, the real return is to save money and.

>> you want to cnvert the returns two -- into purchases. a. charles: is that typical? we had no that the promotional level has filled in very strong and we have seen a lot more promotion starting today. and we've seen a lot of the promotions that are starting as well. and this includes converting them and up selling them as well. >> this day after christmas be part of this? because it feels like a brick and mortar kind of thing. >> week after christmas is one of the most important weeks of the year. this includes holiday season sales in these promotions are very important.

>> the numbers last week were just abysmal. >> yes, over 20%. >> so whatoes that suggest? are they looking up this as well? >> yes, what you don't see is the volume and there may be more items in the basket. and so there has been part of this. i don't figure was up, i do think the traffic is down. and some of the other people have actually indicated this as well. he wants a how does this change?

because we saw a nice boost i spending. i guess this is what the game plan is. the idea isn't to make it so that people spend money and use credit. are we beginning to see that happen? >> yes, people are borrowing to spend a little bit more in the market has been better. and people feel better about the value of their house. so they are comfortable in spending. charles: i guess you're saying that in the cycle maybe it is there and maybe it is taking shape and tapering just a little bit. and maybe we have turned a quarter? >> guesstimate exactly right.

there's a lot of big durables and this includes cars and appliances and home depot and lowe's. and so again, it impacts the biggest spending. charles: are there any areas of retail? and are you worried about the retail space? >> we were just talking about this. >> yes, that kind of thing, things have been cut and that hurts. because people are cutting it at least 5%. you efinitely see that. there are pressures like that. the unemployment is still too high. we would like to see more jobs. the same time, you know, 90% of the population is employed effectively. and we are nervous about what is going to happen next or what

health care and because of obamacare and what that is going to do to spending. but the good thing is that people that have good jobs and high-paying jobs are part of this as well. charles: next, meet a doctor you can change everything and help everyone. he's suing the government over obamacare and it looks like he's winning. ♪ñ@ç@çpçpçpç÷ñoxmhmhyhyhyhyh

charles: you don't have to be the young and the restless know that the health care law is already costly and restless. this man spent a lot of money and time just getting ready for the debut. and last we heard, he was waiting for the government to

respond. and you still han't heard anything from the government, have you? >> the respondent three days late and we allowed it. we did not go for a default. but surprisingly they feel that we don't have standing. an order to file this coming up to show that you have been injured by a law and we have been injured in the sense that wehave spent money to make sure that business was complying with the law and after doing so, the president legally, t only delayed, but canceled or abolish the law through the year 2014. and every month or quarter, we need to have our attorneys look at the log make sure that we a in compliance with the emplyer mandate.

>> you are speaking for most businesses, particularly small businesses who find themselves in the same bind. charles: on the sole plaintiff nging up a very good point. this is not the kind of case that has ross action. there others that could be a part of ths ad i would say that this is very important to prevent the president from waiving portions of the law jus because it's politically convenient. he decided it was politically convenient for him and he didn't want to eat his own cooking, so he doesn't want america to understand the implications of the law does like he did with the most recent change of the hardship exemption, just like he would change this in enrollment and the insurance companies are going to disclose the premiums. they were supposed to disclose at october 15, and they are

going to disclose at that november 15. coincidently after the midterm elections when america is politically paralyzed. charles: there have been a lot of coincidences to your point. the ddline was the 15th and they are saying don't worry about it. we will try to hook you up anyway. and do you see more of these common? because i think that the march 31 deadline, i can't see how they are going to stick to that. so i'm prepared for more of this to happen and that meanshat someone like you needs to be prepared to spend more money. >> i have judicial watch helping me. but it affects me as a business owner because of unsolicited think that every business owner is going to call their lawyers every time the president sends a tweet and makes another illegal change to the law. and so if you take the handcuffs off, i think you'll see the economy thrive.

charles: here's the point. this is rt event part of this as his signature achievement. a lot of patchwork, whatever it is. so how do you see this playing out for him? >> will come i can't say exactly. i can tell you that it will go poorly. my feelings are that in terms of obamacare it will go poorly for the nation. and we feel that we have the government against the ropes. they know that we have the tiger by the tail. and they filed three desperate pleas to say to the court that we don't have standing. so they are saying that they are not claiming that they have a legal predicate by which they would waive the employer mandate. but they are claiming that we don't have the legal right to

question the illegalities of their actions and that response was weak and pathetic and irrelevant and they are claiming that i said that i'm injured as a taxpayer and it doesn't say that anywhere in our complaint. and they claim that i'm spending money on legal fees to make sure i'm compliant and i want to remind you that one of the defendants as the r and the other is the commission of the irs and they are claiming that i don't need to have lawyers effectually give me advice. charles: we appreciate you coming back and updating as we will be looking back for you.

>> healthcare.gov is not the only website having major problems. after suggesting that employees get a second job, the mcdonald's employee website does not seem like a good idea. but now has shut down.

charles: we suggest that the employees now get a second shot. mcdonald's. stay away from our food. a healthy eating tip on their controversial internal website. the last straw for the fast food giant saying that we have

directed the vendors to take down the website between relevant along with outside groups taking this out of content. peter shenkman, welcome. >> it just can't get better. this is like saturday night live almost. >> there's a is a couple of things. i know exactly. they said build an internal website foster team loyalty. and they outsourced it to a company and then that person is probably in europe or somewhere elseand they say, how do rich americans behave. >> so how do you explain the contradictions? in other words, you may need a

second job. so how do you explain those contradictions? >> someone did not edit this well. and it's a slap in the face to anyone that has ever slung prize. and we all have. >> absolutely. >> and as you take it home, you know, you go home and at such a slap in the face. and internally theyyneed to review this before they have put it out there.

>> to me be the best opportunity for them to work with it. charles: this is sad, but it's crazy. they have a picture of a double quarter pounder with cheese. >> the best part was to replace it with a submarine. [laughter] >> again, if they didn't think about who the client was, that's about what happens. you're going to lose this in translation. >> to go to a larger point of those trying to embrace social media? >> yes, because this could be internalized. but the problem is when you have corporate trying buddy up.

one guy is not going to buddy buddy up to another guy. >> but they still suggest that they do a? >> right. it's not a bad idea. so how hard is that. >> i guarantee you had someone from corporate saying what is does this say? it never would've gone live. and someone did not look at this first. charles: so how long did they wait before they try again? >> i think it's pretty much done. i think mcdonald's is waiting for ups to screw up again. [laughter] the one okay that's about it. >> i don't see them doing this anytime soon. charles: but you don't see a problem with them trying to embrace social media as well. >> you have to make sure that whatou're saying is right.

anything, that's easy. but it's not. there are so many failuresand it's good to try it and ask yourself what is the worst that could happen. charles: thank you so much. we really appreciate it. and we all know the stock market has been on fire this year. so if you make money this year, you could even make more next year. it all depends on who you know ♪

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energy lives here. ♪ charles: in our business bli. stocks are on fire, hitting record highs. just about every weekend day. leading the way with the nasdaq up 40% this year alone.

>> these companies are able to monetize, and use either the earnings are growing. and that is the key for stocks growing higher and you see great earnings growth and you also see micron technology and guiding for higher earnings. and as long as they keep owing,hat's a good time for technology companies and the stock market as well see one i have to tell you that this is the thing. see the growth. >> santa claus has been good to us. that is for sure. these names are here tuesday.

and i think that they have gotten ahead of themselves. and i think a lot of this has to do with an inflat rally now that we have some more clarity on what we are going to do there. having said that, i think that this is an asset class that is going to give us this into the future. >> what is that for those o don't know? >> that asset class is going to give investors outside returns. charles: okay, christmas i over. that sales may just be starting. best buy's offering all kinds of massive discounts and that's one of many retailers rolling back prices even more than they did before the holiday season. and this is actually a sign of desperation? >> charles, you are talking to me. and i think that, these retailers, i have never seen a push like this before. this fast and this much in terms

of discounts. and i think that thi has been a push that has been very aggressive in nature. and to me, also a little bit desperate. >> see the internet, brick-and-mortar stores also have problems with fewer shopping days and the concerns. i can see where there will be some sales out there and go out there and get a great deal and it should be a madhouse and how much fun is that. >> absolutely. charles: were you watching tomorrow? >> the money managers have come in and they are going to be talking about what they are delaying now.

charles: so what about those that are cashed out. >> year-end market, there has always been a lot of shenanigans and whose date is. >> i think that there is going to be some movement out of certain sectors. so i am going to look at the volumes in those individual sectors.

>> this has been ignored in the past month or so. charles: when you do something like that, people see the market exploding. and how do you explain that this is a long-term gain? >> it's a long-term thing, keep investing. but realize tha companies that have outside earning, as kyle was talking about come in ain and they do better in the market itself. and youare going to have a trend that is your friend. don't fight it. don't fight the fed. keep investing. go for the long-term. charles: i hope people have been listening and watching. because events have given tremendous advice all your long.

>> back in 2014, that is the nutcap. take your cyanide and gunite. if you wake up we will see you tomorrow. ♪ john: it is the season of giving. so where should you give? should you give this man money? what about this man? >> thank you. john: actually, that's me. don't give money to beggars like me. governments must spend me. >> medicare, medicaid, social security. john: this government really helps the poor. >> everybody in cleveland. >> by any measurement this is not working. john: i am glad more people figure that out. >> commerce, entrepreneurial capitalism takes more people out of povty. john: even some in the mainre