Company policies lay the foundation on which employment expectations are formed. There's no time like the present to audit your organization's policy handbook. Start by checking that your organization's policies don't fall into these four policy writing traps.
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Disclaimers Too Few and Far Between
Some employers mistakenly believe that adding a single disclaimer to an employee policy handbook is all they need to do to give themselves the latitude to bypass, revise, or replace existing policy provisions. If, however, employees are left scratching their heads after reading the disclaimer or searching for it within the text of the handbook, chances are good that the disclaimer will carry little legal weight should any of your organization's policies be legally challenged.
Here are 5 disclaimers and qualifiers you organization's manual needs:
- Opening disclaimer, which, in no uncertain terms, states that the handbook is not a contract of employment and that the employment relationship is at-will.
- Benefits section qualifier, which explains that benefits or premium contributions may change at the company's discretion and that if there is a conflict between language in the employee handbook and language in an official plan document (such as a group health insurance policy), the official plan document governs.
- At-will reminder. In any discipline policy or complaint resolution policy, restate the employer's right to discipline or terminate an employee at-will, with or without cause.
- Misconduct qualifier. In any list of misconduct examples, state that the list is not all encompassing or not all inclusive.
- An acknowledgment, upon which an employee's signature means that he/she acknowledges: receiving a copy of the handbook, reading it, understanding it, having had the opportunity to ask questions about it, having had it explained, that the handbook is not a contract of employment, and that the employment relationship is at-will.
The Do-It-Yourself Employee Manual includes a binder and a CD that allows you to customize and print out your very own company employee manual! Give your personalized manual to every employee, and you’ll have the ammunition you need to defend yourself in court – or even better, to send the message that it’s not worth suing you.
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Provisions that are too open to interpretation
No matter how well-worded you think a policy appears, there's a chance that some employees may be confused by it. Sometimes, that confusion is a result of the language used. Just because you're familiar with certain terms, doesn't mean rank-and-file employees are, too. Always read policies with an eye out for HR jargon or legalese.
Requirements that are too stringent
Another mistake employers commonly make when drafting policies is including more stringent requirements than called for by federal and state law. In some instances, this is perfectly acceptable, as long as you don't penalize employees for failing to meet these more stringent requirements.
Best bet: Keep policies in step with legal requirements. Before actually writing a policy, consider whether there are any applicable laws no matter what the topic is.
Protections that are too one-sided
Don't forget to equally address all potential parties in a policy.
Case in point: One company's policy on union harassment stated: "This is a non-union organization. It always has been and it is certainly our desire that it will always be that way....You have a right to join and belong to a union and you have an equal right NOT to join and belong to a union. If any other employee should interfere or try to coerce you into signing an authorization card, please report it to your supervisor and we will see that the harassment is stopped immediately."
While the policy might have been intended to protect union supporters and detractors alike, the 7th Circuit deemed it unlawful. Reason: The policy lacked an "equal protection guarantee" for union sympathizers
The Do-It-Yourself Employee Manualis a complete customizable manual that includes:
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- Company Information
- The Work Environment
- Code of Conduct
- Workday Rules & Procedures
- Time Off
- Employment & Hiring Policies
- Safety & Health
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Lead your organization toward globalization: 6 steps
- Make sure two representatives are present during termination meetings
- 7 steps for conducting effective workplace investigations
- Consider uniform, ADEA-compliant severance and rights-waiver releases--even if age isn't factor