With a handbook, the company identifies, IN ADVANCE, what its policies/practices will be with regard to certain issues and, therefore, pre-determines how it will manager certain issues, situations, or circumstances when they are presented.
The United States Equal Employment Opportunity Commission reported that in, companies paid out more than $378 million in discrimination non- litigated settlements. In 2014, the EEOC received a total of 88,778 discrimination charges filed against private businesses.
Employee Handbook Advantages and Disadvantages
Employers are not required to have a personnel handbook. So, if they are deciding whether to have one, they must consider the advantages and disadvantages before proceeding. With a handbook, the company identifies, IN ADVANCE, what its policies/practices will be with regard to certain issues and, therefore, pre-determines how it will manager certain issues, situations, or circumstances when they are presented. EmployerESouce.com writes Employee Handbook to how the Owner wants to operate their company. You Employee Handbook should be second nature to how you the Owner want to run your business.
- Proof – The number of employment-related lawsuits seems to increase every year. In a article by Littler – from 2013 to 2014 there was a 25% increase in employee lawsuits. The increase was mostly in the area of discrimination and harassment. Wrongful-termination claims and wage and hour lawsuits have also gain popularity. A handbook with clearly stated policies can persuade judges and juries that your company acted appropriately because your employees had notice of what to expect.
- Efficiency – A handbook is a simply an efficient way to communicate necessary information like work rules, terms of employment, and wage and benefits information to employees.
- Protection – A well drafted Employee Handbook can protect you from certain types of legal claims, particularly charges that your company formed an implied contract of continued employment with your employees. A well drafted sexual harassment and work place violence policy in your Employee Handbook can be an effective tool for combating a lawsuit.
- Uniform Defined Policies – The Employee Handbook establishes uniform and defined employment policies. EmployerESource.com helps owners define the standards that they expect in employees. These defined and communicated standards allow owners, however large, to treat employees consistently on a long term basis.
- Proof (For the other side) – If your Employee Handbook isn’t carefully drafted, it can support a claim that your employees are protected by an implied contract of continued employment. To be effective, language disclaiming an implied contractual relationship must be very clear throughout the Employee Handbook. For example – Employee Handbooks that contain a “Just Cause” policy or “Discipline Procedures” policy without including the appropriate disclaimer language can be used by lawyers to argue a presumption of at-will employment.
- Inaccurate Policies – Equally damaging are Employee Handbook policies that unlawful and inaccurate. For example, many companies that do are on the verge of having to offer Family Medical Leave (FMLA), they have almost 50 employees, put the FMLA leave policy in their handbook and say “it only applies if we reach 50 employees”. This is considered illegal and has been found that if you put the policy in your handbook you have to offer it to your employees. EmployerESource.com will make sure you Employee Handbook are lawful for your State, Federal and City Requirements.
- Incomplete – Employee Handbooks that do not contain strong disclaimer language in areas like “just cause” or “discipline procedure” can support a claim of right to employment. Additionally, effective anti-harassment policies have been a company’s defense in a harassment claim.
- Inconsistence – And finally, if you don’t follow your own policies, your handbook can be persuasive evidence in a lawsuit filed against you. That is why EmployerESource.com customized your handbook to your needs and how you as a Owner wants to operate your company.
At EmployerESource.com we firmly believe that if you are going to have a “boilerplate” handbook then you would be better off to not have one. Granted a prewritten employee handbook would be grammatically correct and well organized but 9 out of 10 times they will not be legally correct for your organization. They are fast, easy and cheap. But is fast, easy and cheap the best protection for your business?
EmployerESource.com crafts employee handbooks so that the Owners have the flexibility to deal with situations as needed. Employee handbooks can detail an Owners expectations but since every situations with a employee problem is different the employee handbook should give the Owner flexibility in dealing with problems.
EmployerESources.com customizes our handbooks to how you want to operate your business. Our handbooks are NOT a set of restrictions that you need to follow as an Owner. EmployerESource.com ‘s will work with you to make sure that it does not promise anything you are not prepared to deliver.
EmployerESource.com can take the pain of developing a state law, federal law and industry specific handbook that works for YOUR Company.