Employee Handbooks (CONT’D FROM PAGE 24)
Board Converting NEWS INTERNET DIRECTORY
Holding Back Some well-intentioned handbook statements can come back to bite the unwary employer. Attorneys sug- gest leaving out the following: • Progressive discipline statements Many companies rightly take pride in enlightened pro- gressive discipline policies that correct wayward employ- ee behavior while protecting the business’s labor invest- ment. Even so, companies should avoid getting locked into set procedures. “Rigid progressive discipline policies can backfire be- cause they seem to be guarantees,” said Gregg. “Compa- nies may end up being bound by them.” When egregious misconduct occurs, employers may feel constrained from seeking to terminate employment immediately. “It’s better
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that the handbook state the company has discretion to de- cide the level of discipline at any time and can terminate employment at its discretion.” Gregg added it can be helpful to provide fair warning by listing a few things that can get people fired. “You can't list everything, but you can include major ones such as “It can be important to include attendance policies that describe how to call in sick and what steps to take to au- thorize an absence,” said Gregg. Trouble can arise, though, when an employer defines verification time frames. dishonesty, theft, and harassment.” • Absentee verification policies Suppose a handbook states that the company may require medical verification for any absence longer than, say, three days. That’s exactly the kind of thing that can create an unintentional contract, noted Gregg. Suppose the same company later fires an employee for calling in sick for two days, because the employee was discovered to have actually been out playing golf. The employee has a defense against termination because the company had given up its right to require verification for a three-day pe- riod. • Too much detail in general When in doubt, omit detail. “Employment policies should allow for flexibility where appropriate,” said Cassat. “Otherwise, employers might be accused of failing to fol- low their own directives. That can make it more difficult to CONTINUED ON PAGE 28
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November 11, 2024
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