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Should I have an employee handbook?
I manage a small business and want to protect myself in enforcing office behavior. Should I have a concrete set of rules, and what should I be sure to include?
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4 Answers
Hello Emily-
There is no legal requirement for you to prepare and distribute an employee handbook or policy manual. However, the absence of a formal handbook or policy manual, or a poorly drafted one, puts you at a disadvantage to defend yourself shoul you face a lawsuite based on your policies, procedures, or accusations of discrimination or sexual harassment. Should you decide to develop an employee handbook or policy manual, be aware that there are numerous federal, state, and even local laws that affect the content of policies and procedures include in such publications.
You should develop a quality employee handbook or policy manual that provides employees and supervisors with a clear understanding of the performance and behaviors you expect of them and what they can expect of the company in return. This common understanding of goals and expectations enhances productivity and reduces the opportunty of conflict.
Emily, I hope I have been some help. It you are in California, we can develop an employee handbook at a reasonable fee. I can be reached at 916-370-7849 or mallen@hrallenconsulting.com
Hello Emily,
Hand books serve to limit an employer’s exposure to claims and minimize potential liability.
For example, by having employee acknowledge receiving the company handbook a sexual harassment policy or other discrimination policy, an employer may have a defense — or even escape liability — if an employee fails to raise concerns regarding harassment to HR as defined by the handbook. The ultimate goal is that the employer is left with a set of policies that are not only in compliance with federal and/or state law, but also are specifically tailored to the employer’s specific needs, goals and objectives and business model.
Both federal and state laws require employer to provide written notice to employees.
By including such disclosures in the handbook, the employer will be able — in most
instances — to satisfy the notification requirements. A handbook that provides a
mechanism for employees to voice complaints or to resolve disputes may also help
the employer avoid litigation. For example, an employer that has created an anti-harassment
policy may be able to raise as an affirmative defense an employee’s failure
to report harassment. Similar defenses may be raised against claims for other types
of harassment, such as violence in the workplace, occupational safety and health, etc.
The existence of policies prohibiting discrimination and providing a reporting of discrimination
may also limit the employer’s potential liability. Most importantly, a concise
and carefully drafted handbook should serve as a reference manual for managers
to ensure that each employee is treated in a consistent fashion, hopefully reducing
any claims for discrimination.
In most states, the prevalent form of employment is “at-will.” As this phrase implies,
employees who are “at-will” can be terminated at the will of their employer — at
any time and for any reason, as long as the reason does not violate the law. A specific
agreement between the employer and the employee, very often in the form of an
employment contract, can modify the at-will relationship. As such, employers who
choose to implement an employee handbook must take care to ensure that the handbook preserves the “at-will” nature of the employment relationship.
Hanbook are great tools to establish guidelines of behaviour and consequences which are admissable in law as demonstration that an aborant employee knew the rules and consquences.
make sure you have employees sign that have receieved the handbook.
Peter McLean FAHRI
Emily, it is in everyone's best interest you have a handbook. Why? It is a process by which the company can give the employee virtually all the information s/he needs to begin his/her career with you. Sometimes it is difficult to remember everything said during onboarding, this is something to refer back to.
It clearly states the employee's rights and the rules to follow.
It is also very fair to the employee, because it gives him/her clear steps to take if needing to use the grievance/reporting processes. Few commit such things to memory. Naturally, the added bonus is that if the company should experience an illegal employment practice charge against them, having such a handbook in place and signed for by the charging employee might be in the employer's favor.
I would suggest you limit what you include. Regardless of how many times and ways we write it is not to be construed as a contract...
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