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Employee
Handbooks
A Kiss of Death ?
by: Jim Schulist, Shulist Interests
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Many of
you have some form of Employee Handbook or Personnel
Policies Manual. Then again, many of you don't
have a handbook.
For those of you who do not have a handbook,
the question is--WHY NOT???
For those of you that do have a handbook, When
is the last time you updated your handbook?
So, let's take a look at these questions.
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Why
Should You Have an Employee Handbook?
Handbooks
serve many valuable purposes, but they also carry
with them certain risks and obligations. With the
recent dramatic increase in litigation, some employers
have found themselves in court because of ill-advised
employee handbook provisions. Other employers have
found that their handbooks were indispensable in keeping
them out of court.
Most employers are now subject to more than 100 federal
and/or state laws, which affect the content of and
the word choice used in an employee handbook. Mistakes
can have catastrophic consequences because handbooks
are disseminated to virtually all employees.
Drafting an employee handbook is an art. No employer
should undertake to put a handbook in place without
being prepared to make a substantial time and monetary
commitment.
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What
are the Main Goals of the Handbook?
Handbooks
can be valuable, positive communication and employee
relations tools. They can be extremely helpful in
maintaining consistency among supervisors, properly
orienting new employees and avoiding any misunderstandings
about workplace policies.
Handbooks should be clearly written, (no "legalize")
and organized so that they can be understood by the
employees. They should be "user friendly", positive,
and foster a feeling of well being--up to a point.
A certain amount of legal language is indispensable
in the present litigious environment. Disclaimers
and reservations of management rights should not be
watered down or hidden so that they lose their effectiveness.
Any disclaimers should be prominently displayed in
the handbook. What are these disclaimers?
- The handbook does not create a contract, express
or implied.
- The handbook is not all-inclusive, and is only
a set of guidelines.
- The handbook does not alter the "at-will" relationship
between the employer and the employee.
- The handbook does not guarantee employment for
any definite period of time.
- The handbook applies to the following categories
of employees: (Fill in)
- The handbook supersedes any previous handbook
or unwritten policies.
- The handbook can only be changed, in writing,
by the President of the company.
- The handbook can be changed by the organization
unilaterally, at any time.
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How
Do You Know if it is Time to Revise Your Handbook?
Any handbook
that is more than 5 years old has failed to address
literally hundreds of state and federal court cases
dealing with handbook-related issues. State and federal
government agencies have also issued numerous regulations
and interpretive decisions in recent years, which
affect handbook policies. Finally, new technologies
have arisen during the last decade, which should be
addressed by policy manuals. Examples of these issues
are email and computer monitoring, trade secrets,
workplace smoking, personal appearance and employee
dating. In addition, new employee benefits should
be referenced in your handbook.
Handbooks
should be reviewed annually to see if revisions are
necessary.
In conclusion,
handbooks can have explosive effects in the workplace.
Legal and human resource issues have become intertwined,
and nowhere is this more true than in connection with
employee handbooks. If developed and crafted properly,
handbooks can be valuable employee communications
tools, which can help to avoid or reduce litigation
costs.
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About
the author
Jim Schulist
is a Human Resource Advisor and a generalist with
over 30 years of experience, and practices in the
Houston area. Although he is not an attorney, Jim
is well versed in the broad area of Human Resources.
He specializes in the avoidance of, and solutions
to employee relations' issues through the establishment
of sound human resource practices, policies and procedures.
Shulist Interests 12119 Knobcrest Dr. Houston,
Texas 77070-2435 281-379-1706
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