Many employers cite employees for violations of “unwritten” company policies that are enforced but not clearly set out in an employee handbook or other well-publicized document. This can be a big mistake.
Your supervisors may feel comfortable telling employees that “this is a long-standing unwritten rule” or “just the way things have always been done,” but that probably won’t cut it in court. If you have no document to point to, it is very easy for employees to claim that they’ve been treated in a discriminatory manner because of their race, sex, age, religion, disability, or other protected status.
How To Survive an Employee Lawsuit: 10 Tips for Success
With lawsuits against employers becoming ever more common—and jury verdicts skyrocketing—your risk of getting sued has increased dramatically even if you’ve done all the right things. Learn how to protect yourself with our free White Paper, How To Survive an Employee Lawsuit: 10 Tips for Success.
To be safe, make sure everyone is on the same page—literally—with your policies. Write them down and distribute them in an employee handbook or some other format you can easily point to in the event of a dispute. Employees should sign and return forms acknowledging that they have received and read the handbook, and that they understand the handbook does not constitute a binding contract (except for your at-will policy). If you change any of your policies, make sure the changes are equally well-documented and publicized.
Additional Resources: