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Although there is no law that requires a company to have a personnel or employee handbook, it can be a wonderful tool to communicate your workplace culture, expectations and policies. You may think your business is too small or too informal, but you’ll see that having your policies in writing is a win-win for everyone.
Even though employees won’t always follow the rules, they do like to know them. Employees, both good and bad, like to know what conduct is expected by the company and what punishment they might expect if they fail to follow the rules. Written correctly, the handbook allows a company to address a wide variety of rule violations without limiting the company’s ability to respond on a case-by-case basis as necessary. If your handbook isn’t used or updated consistently, your business may not be running as efficiently as possible and may be at a high risk for costly employee relations issues. You want your employees to behave in a certain way Your company handbook should tell employees what your company expects not only to avoid disciplinary action, but also to tell them how they can succeed. For example, the employee handbook should tell an employee how to: request time off, inform the appropriate manager about possible harassment or discrimination, keep a time record, report possible theft, dress in an appropriate manner, etc., ensuring that the foundation is set for the employee to continue to effectively accomplish their job duties. You want your employees treated in a consistent manner Ideally, various managers will respond to similar rule and performance violations in a similar manner. A well-written handbook tailored to the manner in which your company does business helps to ensure this desired consistency. While a handbook cannot be an “instruction book” on every conceivable problem or issue, it should provide a framework for managers to follow in dealing with various circumstances. Remember, the primary purpose of a handbook is to provide instructions to employees, not serve as a “manager’s guide.” To the extent that your company uses a manager’s guide or believes that such a guide is a good idea, that guide should be a separate document from the employee handbook. Describe the benefits you offer Companies spend a great deal of money on each and every employee in ways that the employee often does not see or appreciate. An employee handbook is an excellent way for a company to take credit for all that it does for the employee. Without a great deal of detail in any policy, an employee handbook should list all the benefits provided by the company at no cost to the employee (for example, workers’ compensation), subsidized by the company (for example, many types of health insurance benefits), or available for purchase at reduced rates due to the company’s group membership (for example, credit unions). Additionally, a handbook should include the various types of paid and unpaid time off given to employees even if such leave is mandated by the government. You want to win unemployment claims In most states, winning an unemployment claim for a terminated employee requires proof that the terminated employee was on notice of a certain rule (or rules) and had been warned that violating the rule would lead to disciplinary action up to and including immediate termination. A well-written employee handbook is the beginning of a successful defense. The page of the handbook containing the applicable policy, as well as the signed acknowledgement page, should be the first step of any unemployment paperwork submission for a rule violation or poor performance termination. You want to win lawsuits Many employment-based lawsuits hinge on consistent treatment of employees and/or ensuring that employees were on notice of important company policies and procedures. A well-written employee handbook that reflects a company’s actual practices serves both of these purposes. The employee handbook and the employee’s signed acknowledgement form are nearly always exhibits in a lawsuit and can help a company win. Imagine a jury looking at your current employee handbook. What does it say about your company? Is it out of date? Does it contain unlawful provisions? Does it look “homemade” or cobbled together from multiple sources and documents? Does it contain inconsistencies? Could it be a better reflection of your company? Important considerations for any employee handbook Your handbook needs to reflect compliance with applicable federal, state and local law. This does not mean that every law needs to be specifically addressed and reiterated in detail in the handbook. Rather, the handbook should not conflict with any applicable law and should contain a clear statement that the company intends to comply with all applicable laws. Your handbook should be tailored to your company and should clearly reflect how your company does business. Copying another company’s handbook or just adopting a handbook you find online, even from a very reputable source, may do more harm than good. Your handbook is a reflection of the company. Handbooks that contain typos, are copied askew, are out-of-date, contain another company’s name, contain policies that don’t apply to your company in whole or in part and/or look sloppy or unprofessional, send a message that the company doesn’t really care about its employees. For a small investment, any company can publish a well-edited, well-written, legally sound, professional looking employee handbook. In the end, even the very best handbook fails to provide a benefit to the company if employees did not have easy access to it, and if the company cannot “prove” the employee received the handbook and understood that he or she was required to abide by it. To have such proof, a company needs a signed acknowledgement form. By creating a custom handbook for your company that complies with the points listed above, both the company and the employee benefit.
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In my business, with social media being an integral part of marketing and business development, I am often questioned on the role it plays when employees have access to social media while working.
Certain aspects of marketing often overlap with human resources and many policies need to be integrated into an employee handbook, which are essential to the development of the business. Do you really know what your employees are posting on the Internet? The increased use of social media sites can create some questions and concerns within the workplace. The expansion of the Internet and sites where individuals can post information have been a great asset for business, particularly small businesses. Your business might even have a Facebook page and you can use this as a communication tool to reach existing customers and potential customers. However, there are also some challenges that come along with this increased technology, particularly when it comes to employee privacy rights. The key concern that enters the picture is the employees' use of time on social media sites while they are supposed to be working, thus, creating loss of productivity. When can an employee use social media, and what are employees allowed to post? The more challenging aspect of social media sites for employers is the actual information that an employee may post on a site. Is it potentially harassing behavior toward another employee? Is the employee posting information about the company that could violate any nondisclosure policies or agreements? In order for companies to gain a better handle on these situations, it is recommended that organizations have clear Internet usage and social media policies written into their employee handbooks. A good policy should provide the following: • Instructions to employees on what is and is not permissible with regard to using the Internet at work; • Clear information about the employer's right to monitor employee computers within the workplace and require employees to acknowledge in writing that they should not have an expectation of privacy for anything that is sent, received or stored on the company's computer systems; • Restrictions on the use of personal phones and other electronic devices while on company time; • Consequences for employees if they are in violation of the Internet Usage and Social Media policies. An employee handbook lays the groundwork for how a business runs from day to day. If your handbook isn’t used or updated consistently, your business may not be running as efficiently as possible and be at high risk for costly employee relations issues.
Your handbook needs to reflect compliance with applicable federal, state and local laws. This does not mean that every law needs to be specifically addressed and reiterated in detail in the handbook. Rather, the handbook should not conflict with any applicable law and should contain a clear statement that the company intends to comply with all applicable laws. Your handbook should be tailored to your company and should clearly reflect how your company does business. Copying another company’s handbook or just adopting a handbook you find online, even from a very reputable source, may do more harm than good. Benefits of a Good Employee Handbook:
A well-written, lawful employee handbook has no downsides and provides an employer with all the flexibility necessary to address the myriad of possibilities when it comes to employee actions and inactions. Even though employees won’t always follow the rules, they do like to know the rules. Employees like to know what conduct is expected by the company and what punishment they might expect if they fail to follow the rules. An employee handbook is primarily a rule book. Written correctly, the handbook allows a company to address a wide variety of rule violations without limiting the company’s ability to respond on a case-by-case basis as necessary. For this reason, it is suggested that most employers avoid a formal progressive discipline policy wherein a list of rule violations is associated with a particular “punishment.” Most companies are much better off training managers to respond appropriately and timely to employee rule violations and/or poor performance. You want employees to behave in a certain way: Your company handbook should tell employees what your company expects not only to avoid disciplinary action, but also to tell them how they can succeed. For example, the employee handbook should tell an employee how to: request time off, inform the appropriate manager about possible harassment or discrimination, keep a time record, report possible theft, dress in an appropriate manner, refrain from drug and alcohol use, maintain confidential information, interact via social media, use various electronic resources, comply with applicable laws, etc. You want your employees treated in a consistent manner: While a handbook should not be an “instruction book” on how to manage or deal with every conceivable problem or issue, it should provide a framework for managers to follow in dealing with various circumstances. You want to win unemployment claims: In most states, winning an unemployment claim for a terminated employee requires proof that the terminated employee was on notice of a certain rule (or rules) and had been warned that violating the rule would lead to disciplinary action up to and including immediate termination. A well-written employee handbook is the beginning of a successful defense. The page of the handbook containing the applicable policy, as well as the signed acknowledgement page, should be the first step of any unemployment paperwork submission for a rule violation or poor performance termination. Many employment-based lawsuits hinge on consistent treatment of employees and/or ensuring that employees were on notice of important company policies and procedures. A well-written employee handbook that reflects a company’s actual practices serves both of these purposes. The employee handbook and the employee’s signed acknowledgement form are nearly always exhibits in a lawsuit and can help a company win a lawsuit. Imagine a jury looking at your employee handbook: What does your current employee handbook say about your company? Is it out of date? Does it contain unlawful provisions? Does it contain inconsistencies? Could it be a better reflection of your company? If you don’t think a jury would be impressed with the quality of your handbook, consider revising and updating your handbook right away. |
Boost Your BusinessMaria NovakI have over 35 years' experience in Marketing Small Businesses. Categories
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