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Employee
handbooks
The first step in protecting your
business
by J.E. Barry Greve, Jr.,
Board certified labor and employment
attorney; Texas Board of Legal Specialization
As 2007 begins, many security companies are gearing up for the new year with new strategies, new goals, new plans and better organization. If you are not sure where to start the new year, start with your company�s employee handbook. If your company policies are scattered amongst various e-mails, memos, bulletin boards and other documents and there is no one place to find answers to policy questions, then the time has come for you to create an employee handbook. And, if your handbook has not been reviewed in a while (or if you are still thinking when did you have it last reviewed by an employment law attorney) it is time to compile a new or updated handbook.
Why have an employee handbook?
The primary benefit of an employee handbook is that it communicates the employer�s policies, procedures and expectations. While policies and procedures can be communicated in other ways � such as emails, memos or informal conversations and formal training � employee handbooks provide a consistent, carefully crafted message that employees can refer to when they have questions. This helps educate employees and reduces misunderstandings as to what the employer expects, and ultimately reduces the risk of litigation.
An effective employee handbook can also support your company�s quest for excellence, as well as lower your risk in the event of legal action. For example, certain issues such as at-will status of employees, sexual harassment and violence in the workplace policies, conflict resolution process and dismissal procedures if clearly stated in the handbook, discussed during orientation and management training, and enforced, create a favorable, fair and equitable environment, which can reduce your risk of a possible lawsuit.
Handbooks can reduce liability.
Employee handbooks can be drafted to reduce the likelihood of legal claims and increase an employer�s defenses. Generally, when drafting employee handbooks, employers should: (1) include language stating that the employee is employed �at will� and that either party may terminate the employment relationship at any time, for any or no reason, and that nothing in the handbook alters this right; and (2) include a conspicuous disclaimer stating that the employee handbook is not a contract, does not guarantee continued employment and the employer has the right to modify, eliminate or depart from any policy, at any time, except for the at-will policy.
What policies should be in a handbook.
Employee handbooks should contain policies that are important to the safe and smooth operation of the workplace. These typically include discipline, attendance, leaves of absence, safety, work rules, use of weapons, how to prepare both daily logs and incident reports and benefits. There are, however, certain policies that should be in every employee handbook. For example, an anti-harassment and discrimination policy is a critical tool for helping reduce unlawful harassment and discrimination. An effective policy defines and prohibits sexual and other unlawful harassment and discrimination; encourages employees to report complaints; provides multiple complaint avenues; prohibits retaliation for reporting suspected violations; and warns that violations of the policy may result in discipline up to and including termination. In addition, every handbook should include an equal opportunity policy confirming the employer�s commitment to abiding by applicable federal, state, and local laws prohibiting discrimination based on protected class status. Other policies that may be wise to include in the handbook are computer usage and monitoring, confidentiality, non-disclosure, uniform, and the use of arbitration to resolve disputes (thereby effectively avoiding litigation in court). In addition, employees should be required to sign an acknowledgement to prove that they received the handbook.
Finally, no employer should undertake to put a handbook in place without being prepared to make a substantial time, resources and monetary commitment to the drafting and updating a legally defensible, user-friendly employee handbook � the alternative to this detail often costs more. Consequently, employers should have an employment law attorney assist them in the preparation of the employee handbook and to regularly review the handbook to make sure they are not creating a handbook that will betray them.
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