October 2013 Newsletter
Policy Protection
Many employers have policies that are poorly drafted because they mistakenly believe they need to have all of their policies in writing. When in fact, having a poorly drafted policy can be worse than no policy at all.
While well-written policies can serve as both an effective communication device and help your company stay out of court, poorly executed policies can create unintended contracts and can be used as evidence of noncompliance in court.
Human Resource Solutions can ensure that your company only uses well-written policies. This newsletter will discuss why written policies are important, who needs to have them, and how to make sure your policies do not create a contract that you must follow.
Why Written Policies are Important
Employment policies can guide both managers and employees as to what is expected and can prevent misunderstandings about the employer. Additionally, supervisors and managers are more likely to consistently apply policies that are clearly communicated in writing.
What Policies are Required?
As a general rule, every employer that has at least 15 employees should have written policies. Smaller employers should still consider at least creating an employee handbook so employees are aware of the company's policies regarding sick leave, vacation time, and pay procedures.
Fifteen is the magic number because employers who have 15 or more employees are covered by federal discrimination laws (Title VII, the ADA, and the Civil Rights Act, as well as state discrimination laws).
Written policies are a good starting point to show your organizations commitment to nondiscriminatory employment practices.
So what polices are required?
How to Ensure your Policies do NOT Create an Unintended Contract
Poorly drafted policies often become the main evidence presented when employees allege that the policies were in fact a contract that the employer violated. However, policies that are carefully written so as NOT to be contracts actually should protect against these claims.
Human Resource Solutions, for example, uses phrases such as “generally,” “typically,” usually,” and “may.” We also use the phrase, stated multiple times throughout our policies, that the policy is subject to change and is not intended to form a contract. This type of language will negate any belief that the policy is a contract.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
Many employers have policies that are poorly drafted because they mistakenly believe they need to have all of their policies in writing. When in fact, having a poorly drafted policy can be worse than no policy at all.
While well-written policies can serve as both an effective communication device and help your company stay out of court, poorly executed policies can create unintended contracts and can be used as evidence of noncompliance in court.
Human Resource Solutions can ensure that your company only uses well-written policies. This newsletter will discuss why written policies are important, who needs to have them, and how to make sure your policies do not create a contract that you must follow.
Why Written Policies are Important
Employment policies can guide both managers and employees as to what is expected and can prevent misunderstandings about the employer. Additionally, supervisors and managers are more likely to consistently apply policies that are clearly communicated in writing.
What Policies are Required?
As a general rule, every employer that has at least 15 employees should have written policies. Smaller employers should still consider at least creating an employee handbook so employees are aware of the company's policies regarding sick leave, vacation time, and pay procedures.
Fifteen is the magic number because employers who have 15 or more employees are covered by federal discrimination laws (Title VII, the ADA, and the Civil Rights Act, as well as state discrimination laws).
Written policies are a good starting point to show your organizations commitment to nondiscriminatory employment practices.
So what polices are required?
- The Family and Medical Leave Act requires covered employers to provide written information regarding employee rights and employer obligations under the Act.
- Certain Federal contractors must have written equal employment opportunity policies.
- Sexual, as well as other, harassment policies that include effective complaint procedures can be used to protect employers from liability.
How to Ensure your Policies do NOT Create an Unintended Contract
Poorly drafted policies often become the main evidence presented when employees allege that the policies were in fact a contract that the employer violated. However, policies that are carefully written so as NOT to be contracts actually should protect against these claims.
Human Resource Solutions, for example, uses phrases such as “generally,” “typically,” usually,” and “may.” We also use the phrase, stated multiple times throughout our policies, that the policy is subject to change and is not intended to form a contract. This type of language will negate any belief that the policy is a contract.
Human Resource Solutions will be glad to answer any questions you may have regarding this, or any other, employment issue you are having. Contact Us!
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