Hunter Lott is an HR practitioner dedicated to the “rights of management.” His handbook remarks below came during his “Please Sue Me” session at a recent Society for Human Resource Management Conference and Exposition.
Handbook Review
Lott finds many problems with employee handbooks. He especially recommends that HR managers review the following sections of their handbooks:
- Probationary period. Whatever the name—get rid of it! (He adds that one company he knows calls it “comfort time.”) With a probationary period, he says, you risk negating your at-will status. A typical problem with probationary periods is that the manager comes to HR on day 89 of the 90-day probation period and says, “I need to fire the person.” But, says Lott, invariably, there’s no documentation, and it’s actually day 92. What you really want, he says, is to eliminate the probationary period. Then, he says, “Your employees are on probation forever.”
- Dating. “Don’t try to have a no-dating policy,” Lott says. “It’s unenforceable.” It’s very strange, he finds, that at most companies you can supervise your best friend or your ex-spouse but not someone you are dating. A better approach is to say this: Any relationship, on or off the job, that affects your ability to do your job or our ability to run our business may be a valid reason for discipline.
Get your California employee handbook up to speed with our informative webinar next month—learn more.
- Attitude. You want something in your handbook about behavior, he says, because you may have to discipline on that basis. But don’t use the word “attitude,” he says. Take it to behavior with wording like this: Maintain positive work atmosphere by acting and communicating in a manner so that you get along with customers, clients, coworkers, and management.
- PTO. Lott recommends moving to a Paid Time Off system. “Get out of the babysitting business of counting sick leave, attendance points, and demerits,” he says.
Employee Handbooks in California: Important Updates and Drafting and Enforcement Tips
Live webinar coming Thursday, July 11, 2013
10:30 a.m. to Noon Pacific
Your employee handbook can be your best friend or your worst enemy, depending on what’s in it and how your policies are worded. Many employers have inadvertently created binding contracts with their employees due to carelessness in drafting. Failing to make a timely update following a key change to California or federal law can land you in legal hot water, too.
Whether you like it or not, your handbook is a living document that must remain current and correct to protect you—rather than harm you—in the event of a dispute with a current or former employee.
Don’t get caught short. Join us for an informative webinar on July 11—specifically for employers in California—and learn how to get your handbook in top shape.
You’ll learn:
- Essential handbook components and policies you must include and some you may consider, including paid time off and much more
- How the latest federal legal and regulatory developments impact your duty to update California employee handbooks—and special employee handbook considerations for California employers based on recent legislative developments
- Dress code and grooming policy updates you should make
- What your social media privacy and usage policies should state in light of recent National Labor Relations Board decisions and California legislation banning requests for Facebook and other social media account passwords
- The difference between flexible and absolute language in the employee handbook— and why it’s important to know the difference
- New trends in workplace policy-making, including BYOD (bring your own device to work) policies covering cell phone and tablet usage
- The requirements AB 2674 places on your organization to make personnel records available for inspection, and how to update your employee handbook accordingly
- How long you should keep the old version of your employee handbook
- Tips for communicating handbook changes to your workforce
- And much more!
In just 90 minutes, you’ll learn how to identify—and fix—the weak spots in your handbook that can become legal landmines. Register now for this informative event, especially for California HR professionals.
Download your free copy of How To Survive an Employee Lawsuit: 10 Tips for Success today!