Yesterday, we looked at 5 potential employment policy perils you want to be sure to avoid. Today, the rest of the dastardly top 10 — plus a California-specific handbooks resource that practically does the work for you.
Here’s the rest of the top 10, courtesy of Mark Schickman and Cathleen Yonahara of Freeland Cooper & Foreman, LLP, in San Francisco:
No. 6: How ‘progressive’ should you be?
No, we’re not talking about political candidates. Many employers get caught in very rigid progressive discipline policies. What is a progressive discipline policy? Simply put, it’s a method of performance improvement in which the discipline meted out to employees for rule violations becomes successively harsher depending on the severity of the offense or number of infractions.
Often the discipline begins with a verbal warning and proceeds through several steps to eventual termination. Progressive discipline is, in and of itself, an admirable policy. It should, however, reserve flexibility for you to apply any step of discipline, including termination, at any time without having applied earlier steps or given previous warnings.
One hapless handbook author failed to reserve that flexibility and wrote the following in an employee discipline policy: “No employee shall be discharged for misconduct except where the conduct is continuous and irremediable.”
Misconduct that is “continuous” and “irremediable”? (For those of you who need to look it up like we did, “irremediable” means “incurable” or “can’t be remedied.”) Most of our kids don’t even manage misconduct that is “continuous” and “irremediable” — at least not very often.
The moral of the story? Leave yourself flexibility when drafting disciplinary policies.
All the California employee handbook policies you need — already written and fully updated. Now available in Spanish, too!
No. 7: Use permissive language
No, this isn’t a political or social statement along the lines of being a strict or permissive parent. Using permissive words allows your company maximum flexibility. Words such as “may,” “typically,” and “generally” are less restrictive than words such as “will” or “must.” Permissive language is simply another tool to allow you to choose how to apply and interpret your employee handbook. While consistency in interpretation is important, you want to reserve the flexibility to make exceptions and interpret policies when appropriate.
No. 8: 10 important policies to consider
There are many policies that are important to have in your handbook. Here are a few that sometimes get overlooked:
- at-will employer/disclaimer
- injury reporting
- equal employment opportunity
- harassment/discrimination
- hours of work/meal breaks
- FMLA (if you have 50 or more employees)
- Internet/e-mail
- reasonable accommodation
- attendance and tardiness
- rules of conduct/discipline
No. 9: four things you can’t (or shouldn’t) say in an employee handbook
Some things can get you into trouble when drafting your handbook. Here are some topics to avoid:
- Just cause. You don’t need cause to terminate or discipline an employee in an at-will state. Why create confusion?
- Permanent position. Never, ever refer to “regular” employment positions as “permanent.” It tends to create an expectation that employment is guaranteed. It’s not; it’s at will.
- Due process. Never promise “due process” or anything similar for disciplinary actions or grievances.
- Probationary period. Use the term “orientation” or “introductory” period instead. “Probationary” creates an expectation that the employee’s status will change after he completes the period. It doesn’t. The employee is still employed at will.
No. 10: mistakes employers make with handbooks
There are many things employers do with handbooks that you can avoid by simply reading this list and not following in their footsteps:
101 California-specific employee handbook policies— ready to customize and instantly available!
- “Oops, I forgot.” You put all your work into a great handbook and then fail to distribute it to your employees. Unfortunate? Yes, but it happens.
- “I need your John Hancock.” Distributing a handbook is no good if you don’t have a record of who received it. Make sure you have a signed acknowledgment from every employee that he received and reviewed the handbook and all updates.
- Winging it. The first thing your lawyer will ask you when you call to ask how to handle a particularly sticky situation is, “What does your handbook say?” Yet amazingly, many employers write handbooks, distribute them, and then fail to read and follow them when making important employment decisions. Read your handbook and follow it.
- Putting it on the shelf. Handbooks don’t get better with age. While they don’t have an expiration date on them, they should. Handbooks should be reviewed and updated at least annually for legal compliance and to ensure that you’re following your own policies.
- I don’t need any help with that, thanks. Many employers have concluded that they are experts in all things, including handbooks. Better yet, they buy the do-it-yourself software package at the local Office Wiz store and produce a handbook. Unfortunately, those one-size- fits-all packages don’t adequately reflect state law and are often poorly drafted. Having your handbook reviewed by an employment law attorney is important to having a handbook that will be a benefit and not a detriment to your overall employment-law risk management. Good luck!
Bottom Line
A handbook can be a valuable tool for your business, or it can be a source of confusion (and even litigation). Treat your handbook with the respect that it deserves as a vital communication link to your employees. Spend time developing it, update it periodically, and have it reviewed by experts. If you do, you’re much more likely to have the type of handbook that reduces your risk instead of increasing it!
Even better, let us take the drafting and updating work off your plate for you. Our California Employee Handbook Template includes 101 vital policies — written specifically for employers in California — including:
- At-Will Employment
- Employee Classifications
- Social Media Code of Conduct
- Right to Observe Employees
- Voice Mail, Email, Electronic and Computer Files, and Usage
- Appearance and Courtesy; Uniforms
- Equal Employment Opportunity
- Harassment Prohibited
- Retaliation Prohibited
- Bullying Prohibited
- Accommodation of Disabilities
- Zero Tolerance for Drugs or Alcohol in the Workplace
- Terminations
- Final Pay
- Progressive Discipline
- Rest Periods
- Meal Periods
- Overtime Pay, Authorization, and Mandatory Overtime
- Payroll Deductions
- Travel Time Pay
- Bereavement Leave
- COBRA Coverage for Health Insurance
- And 79 more!
Click here for a full Table of Contents.
All of the policies are fully editable and customizable — when you order, you’ll get a link to editable Word versions of all 101 policies. You can start building your handbook right away!
All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:
- Which employers the policy applies to
- Which employees the policy applies to
- Whether the policy is required or optional
- Special considerations
It’s like having a California employment lawyer on call, working on your handbook 24/7, at a fraction of the cost!
BRAND-NEW: Policies now available in Spanish and English!
Best of all, we’ll send you a brand-new edition each year so that you always have the most up-to-date policies available. Don’t delay — order today and get your handbook up to date once and for all.
Download your free copy of 20 Must-Have Employee Handbook Policies today!