Does My Company Need an Employee Handbook?

In general, having an employee handbook or policy manual is a good business practice, but specifically, there are some good reasons, from a legal standpoint, to create an employee handbook:

Consider this: Even one employee can cause you problems.

And the problems multiply exponentially the more employees you have.

Image this scenario: Your one employee is consistently late for work; sometimes he calls to let you know he will be late, and sometimes he doesn’t. You want to fire him for continued absence, but your attorney says you have no handbook that tells the employee what to expect about what happens in the case of chronic absenteeism.

Trust me; If you don’t have something in writing about this situation, the employee can charge that he didn’t know he could be fired for not showing up on time. And this could lead to a lawsuit.

The Purpose of an Employee Handbook

  • Employees like to know what is expected of them and they want to know that they are being treated the same way as other employees. The perception of unfair treatment can lead to disgruntled employees and, ultimately, to lawsuits. For example, if all employees know how many vacation days they receive, they won’t be wondering if other employees are getting more days.
  • Having the same rules for all employees makes running the business easier. There’s no need to think about what to do in a specific situation. Sure, there are times when there’s no written policy on an issue, but having some general guidelines can help deal with specific situations.
  • Written policies show employees that your business wants to be fair. That intent goes a long way towards good morale in general and in dealing with individual employees who are discontented.
  • Finally, written policies and procedures can help you deal with lawsuits. The policy manual can be used as evidence in a discrimination lawsuit; in fact, such a manual might even prevent a lawsuit.

Why an Employee Handbook isn’t Enough

After you have prepared that employee handbook for your business, there are several more things you should do:

Attorney Review
Have an attorney review the handbook for language, for conflicting or confusing language, and for legal issues. For example, your attorney can help you craft language that won’t make employees think they have a job for life.

Communication
Make sure all current employees know about the handbook and that it is available to them. Give each employee a copy (make sure you get a signature so you can show that all employees have received their copy).

Put a copy up on the company website. Remind employees about specific policies. In other words, make sure there’s no way an employee can plead ignorance of the policies and procedures in the manual.

Implement
Follow the handbook. Take action when you need to. Using the handbook to deal quickly with employee issues reinforces your intent to be fair and your intent to follow the handbook.

Revise
Re-visit the handbook periodically. Update policies that have changed (make sure you communicate the changes immediately!) and consider other changes to address issues that have come up. If you change a policy and you don’t change the handbook, you’re inviting legal issues.

No matter how many employees you have, an employee manual or employee handbook is an essential tool for running your business.

So have you created an employee handbook yet?  If not, we can help create one to fit your business needs.

You Can’t Wear That! Dealing With An Employee Who Dresses Inappropriately

If you’re a small business owner with staff, at some point you’re going to have to deal with a sticky, employee-related situation. Whether it’s an employee who’s always out sick, staff who look for sneaky ways to abuse benefit privileges or team members being careless on social media, your people may make choices that don’t suit your business—including what they wear to work.

It’s a situation no business owner wants to face, but you and your employees may not be on the same page when it comes to appropriate work attire. As workplace dress codes continue to get more casual across the country, business owners and their staff may struggle to determine what’s acceptable to wear at work and why.

Use these tips to determine how to communicate with staff when an employee dresses inappropriately.

1. Have an answer for ‘Why Can’t I Wear This?’

It’s important that all members of your staff understand why certain clothing items or styles aren’t acceptable in your workplace, and that sometimes it’s about more than just making a good impression. For instance, if you work in an environment with machinery, tools, heavy equipment or other potential dangers, inappropriate clothing may not adequately protect  your workers. Even worse, some clothing, such as wide, loose sleeves, may interfere with equipment and pose a safety hazard.

2. Send out reminders when necessary.

Sometimes, the best way to deal with a minor “wardrobe infraction” is to post a reminder list on the wall in the break room or send out a simple company-wide email reminding your staff of the expected dress code. This subtle reminder may be all that’s required to get the attention of the specific offender, plus any others who may be tempted to stray toward inappropriate clothing choices for work. If this doesn’t work, though, prepare to talk to the staff member in question.

3. Be really specific about acceptable work clothing.

When communicating to your employee about what is and isn’t acceptable attire, be as specific as possible. Explain that what they’re wearing isn’t safe while working at a lathe, for example. Also prepare to clearly explain what’s included in any terminology you use. Instead of saying that your employee should avoid “casual wear,” specify that they should avoid “weekend casual wear” and list the clothing items that are included in this category.

For example, your non-acceptable “weekend” casual wear list could include:

  • Athletic shoes
  • Flip-flops
  • Sweatpants or yoga pants
  • Hats
  • Hoodies and sweatshirts
  • Halter tops
  • Crop-tops (belly-baring shirts)
  • Jeans

And your acceptable “business casual” list could include:

  • Khakis
  • Cotton trousers
  • Skirts
  • Blouses
  • Polo shirts
  • Pullover sweaters
  • Cardigans

The key is to clearly communicate to all your staff what is and isn’t acceptable work attire.

4. Understand the do’s and don’ts for talking about inappropriate clothing.

Before you talk to your employee about his or her clothing choices, review this list of what to do and what to avoid.

Do

  • Make the conversation easier by preparing. Make sure you are well-versed on your company dress code, and more importantly, that your dress code is legally compliant.
  • Choose a private setting to talk to the staff member, so you can address the issue without embarrassing them in front of others.
  • Choose your words carefully. For example, “I’ve noticed your clothing choices, which, though they may be appropriate outside of our office/shop/business, are not in keeping with our dress code. I’d appreciate your cooperation in making some minor changes.”
  • Introduce your meeting as a time clarify your dress code and make sure your employee understands it.
  • Be specific about the problem. For example, “The shoes you’re wearing expose your toes, so they don’t meet the safety requirement of closed-toe shoes in our dress code.”

Don’t

  • Attend alone, especially when speaking with an opposite-sex employee. Bring in another staff member.
  • Make it a personal attack on the  person’s character. This is about the clothing they wear at work, not an attack on their lifestyle, religion or political choices.
  • Use the word “improve.” If you do, it may sound like you’re dealing with a performance issue.

5. Have “The Talk” with your employee.

If an employee wears something inappropriate after you’ve sent out a group email, it’s time to talk specifically to them. Keep in mind the information from tips three and four, and act quickly.

“Don’t delay taking action—even if just verbally and even if you learn of the infraction long after it occurs,” says human resources consultant Linda Michaels. Clearly point out any dress code violations plus how to remedy them.

Discussions about acceptable workplace clothing can be uncomfortable. They require a sensitive and delicate approach. To keep inappropriate clothing at work from becoming an extended issue, the best strategies are to head it off before it even starts and address any wardrobe infractions immediately.

30 employee handbook do’s and don’ts from the NLRB

To help employers craft handbooks that don’t violate the National Labor Relations Act, the National Labor Relations Board has issued a compilation of rules it has found to be illegal — and rewritten them to illustrate how they can comply with the law.

It was issued as a memorandum by NLRB General Counsel Richard F. Griffin, Jr. to “help employers to review their handbooks and other rules, and conform them, if necessary, to ensure they are lawful.”

Specifically, the memorandum points out employer policies found to violate and conform to Section 7 of the NLRA.

The main area of concern

Section 7 mandates that employees be allowed to participate in “concerted activity” to help improve the terms and conditions of their work.

The NLRB has made it abundantly clear recently that it’s on the lookout for rules that:

  • explicitly restrict protected concerted activity, and/or
  • could be construed to restrict protected Section 7 activity.

One thing the memorandum makes very clear: extremely subtle variations in language could be the difference between having a legal policy in the NLRB’s eyes and having one that’s viewed as violating the NLRA.

What to say, what not to say

Here are many of the dos and don’ts highlighted by the memorandum, separated by topic:

Rules regarding confidentiality

  • Illegal: “Do not discuss ‘customer or employee information’ outside of work, including ‘phone numbers [and] addresses.’” The NLRB said, in addition to the overbroad reference to “employee information,” the blanket ban on discussing employee contact info, without regard for how employees obtain that info, is facially illegal.
  • Illegal: “Never publish or disclose [the Employer’s] or another’s confidential or other proprietary information. Never publish or report on conversations that are meant to be private or internal to [the Employer].” The NLRB said a broad reference to “another’s” information, without clarification, would reasonably be interpreted to include other employees’ wages and other terms and conditions of employment.
  • Illegal: Prohibiting employees from “disclosing … details about the [Employer].” The NLRB said this is a broad restriction that failed to clarify that it doesn’t restrict Section 7 activity.
  • Legal: “No unauthorized disclosure of ‘business “secrets” or other confidential information.’”
  • Legal: “Misuse or unauthorized disclosure of confidential information not otherwise available to persons or firms outside [Employer] is cause for disciplinary action, including termination.”
  • Legal: “Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.”

The NLRB said the last three rules above were legal because: “1) they do not reference information regarding employees or employee terms and conditions of employment, 2) although they use the general term “confidential,” they do not define it in an overbroad manner, and 3) they do not otherwise contain language that would reasonably be construed to prohibit Section 7 communications.”

Rules regarding conduct toward the company and supervisors

  • Illegal: “Be respectful to the company, other employees, customers, partners, and competitors.”
  • Illegal: “Do ‘not make fun of, denigrate, or defame your co-workers, customers, franchisees, suppliers, the Company, or our competitors.’”
  • Illegal: “Be respectful of others and the Company.”
  • Illegal: “No defamatory, libelous, slanderous or discriminatory comments about [the Company], its customers and/or competitors, its employees or management.’”

The NLRB said the rules above were unlawfully overbroad because: “employees reasonably would construe them to ban protected criticism or protests regarding their supervisors, management, or the employer in general.”

  • Illegal: “Disrespectful conduct or insubordination, including, but not limited to, refusing to follow orders from a supervisor or a designated representative.”
  • Illegal: “‘Chronic resistance to proper work-related orders or discipline, even though not overt insubordination’ will result in discipline.”

The NLRB said the rules above, while banning “insubordination,” also ban “conduct that does not rise to the level of insubordination, which reasonably would be understood as including protected concerted activity.”

  • Illegal: “Refrain from any action that would harm persons or property or cause damage to the Company’s business or reputation.”
  • Illegal: “It is important that employees practice caution and discretion when posting content [on social media] that could affect [the Employer’s] business operation or reputation.”
  • Illegal: “Do not make ‘statements “that damage the company or the company’s reputation or that disrupt or damage the company’s business relationships.”‘”
  • Illegal: “Never engage in behavior that would undermine the reputation of [the Employer], your peers or yourself.”

The NLRB said the rules above “were unlawfully overbroad because they reasonably would be read to require employees to refrain from criticizing the employer in public.

  • Legal: “No ‘rudeness or unprofessional behavior toward a customer, or anyone in contact with’ the company.”
  • Legal: “Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of [company] business.”

The NLRB said the rules above are legal because they wouldn’t lead an employee to believe they restrict criticism of the company.

  • Legal: “Each employee is expected to work in a cooperative manner with management/supervision, coworkers, customers and vendors.” The NLRB says employees would reasonably understand that this states the employer’s legitimate expectation that employees work together in an atmosphere of civility.
  • Legal: “Each employee is expected to abide by Company policies and to cooperate fully in any investigation that the Company may undertake.” The NLRB said this rule is legal because “employees would reasonably interpret it to apply to employer investigations of workplace misconduct rather than investigations of unfair labor practices or preparations for arbitration.”
  • Legal: “‘Being insubordinate, threatening, intimidating, disrespectful or assaulting a manager/supervisor, coworker, customer or vendor will result in’ discipline.” The NLRB said: “Although a ban on being  disrespectful’ to management, by itself, would ordinarily be found to unlawfully chill Section 7 criticism of the employer, the term here is contained in a larger provision that is clearly focused on serious misconduct, like insubordination, threats, and assault. Viewed in that context, we concluded that employees would not reasonably believe this rule to ban protected criticism.”

Rules regarding conduct between employees

  • Illegal: “‘Don’t pick fights’ online.”
  • Illegal: “Do not make ‘insulting, embarrassing, hurtful or abusive comments about other company employees online,’ and ‘avoid the use of offensive, derogatory, or prejudicial comments.’”
  • Illegal: “Show proper consideration for others’ privacy and for topics that may be considered objectionable or inflammatory, such as politics and religion.”
  • Illegal: “Do not send ‘unwanted, offensive, or inappropriate’ e-mails.”

The NLRB said the rules above were unlawfully overbroad because employees would reasonably construe them to restrict protected discussions with their co-workers.

  • Legal: “[No] ‘Making inappropriate gestures, including visual staring.’”
  • Legal: “Any logos or graphics worn by employees ‘must not reflect any form of violent, discriminatory, abusive, offensive, demeaning, or otherwise unprofessional message.’”
  • Legal: “[No] ‘Threatening, intimidating, coercing, or otherwise interfering with the job performance of fellow employees or visitors.’”
  • Legal: “No ‘harassment of employees, patients or facility visitors.’”
  • Legal: “No ‘use of racial slurs, derogatory comments, or insults.’”

The NLRB said the rules above were legal because: “when an employer’s professionalism rule simply requires employees to be respectful to customers or competitors, or directs employees not to engage in unprofessional conduct, and does not mention the company or its management, employees would not reasonably believe that such a rule prohibits Section 7-protected criticism of the company.

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