One of the annual goals of a good CEO, manager, or supervisor should be to reduce the company’s exposure to employment litigation. The cost of litigation keeps going up, and just one lawsuit can make a sizeable dent in a company’s budget. 
In 2016, I resolve to . . . :
1. Instruct everyone who might interview a prospective employee not to promise “job security,” a “long and successful career,” or “steady,” “lifelong,” or “permanent” employment.
2. If you make an employment offer in writing, leave yourself discretion to terminate employment at will (or with short notice) or for reasons that are acceptable to management.
3. Review and revise, if necessary, all personnel manuals, applications, employee handbooks, and employee notices to ensure that documents cannot be read—in isolation or together—as a contract.
4. Place a conspicuous disclaimer on applications and in your employee handbook. The disclaimer should confirm the at-will status of all employees and state that it is not to be construed as an employment contract.
5. Train employees who recruit and interview applicants on questions or inquiries that are “prohibited” by state or federal agencies.
6. Adopt and maintain a formal progressive discipline system to ensure supervisors treat similarly situated employees alike.
7. Adopt and follow a job-bidding procedure that requires the posting of available positions to handle promotions and transfers to open positions.
8. Adopt and maintain an effective employee complaint or problem-solving procedure to ensure thorough investigations are conducted.
9. Review your harassment policy to ensure that it prohibits all forms of illegal harassment. Make sure that the prohibition on sexual harassment applies to situations that involve employees of the same gender.
10. Provide supervisors training on your harassment policy.
11. Adopt a strongly worded “nonaggression” policy that explains the company’s determination to keep the workplace free of aggressive, abusive, or violent behavior.
12. Draft or revise job descriptions to ensure they list all job functions that are essential to a position.
13. Train supervisors on the company’s duty to accommodate employees with disabilities and what that duty entails.
14. Audit your exempt/nonexempt classifications for wage and hour purposes, and eliminate payroll practices that reduce exempt employees’ weekly salary for absences that are shorter than one day.
15. Adopt procedures that keep all personnel matters confidential, particularly discipline or discharge decisions.
16. Adopt procedures that ensure that only “neutral references” are provided to other employers. That is, verify only an employee’s dates of employment, position, and salary.
17. Review and update policies regarding electronic communications in the workplace, cell phones, and Internet usage.
18. If you are a nonunion employer, use new language in your employee handbook and during employee orientation to clearly communicate the benefits of a nonunion workplace.
19. Create a workplace that fosters communication between employees and encourages their participation in the operation of the company.
20. Survey the wages and benefits provided by other employers in your industry to ensure that your compensation and benefits package allows you to recruit and retain the best employees.
All done!
Finally, after you’ve completed all those resolutions, give yourself time to unwind and relax. Make sure you use any vacation time you have coming to you.
Paul M. Lusky is an attorney in FordHarrison’s Towson, Maryland, office. He may be contacted at plusky@fordharrison.com.
Need to learn more about the updates your employee handbook will need in 2016?
Between the implementation of the Affordable Care Act, labor-friendly victories at the National Labor Relations Board, the legalization of marijuana, increased focused on transgender employees, and the passage of paid sick leave and domestic violence leave laws across the country, 2016 changes will likely necessitate changes to your employee handbook. Tune in January 7 to the BLR webinar Employee Handbooks: Key Updates, Drafting Tips, and Enforcement Advice for 2016 to learn how to update your employee handbook—a living document that must remain current and correct to protect your organization in the event of a dispute with a current or former employee.
A very thought provoking list. I’m a one-person HR department (as well as the executive director of the non-profit) and it helps me breathe a little easier that I’m on the right track.