Employment Law Mistake #9 - The Employee Handbook

An Employment Handbook is one of the most common methods used by employers to communicate their personnel policies and benefit programs to their workforce. It is an effective means for informing employees about vital employee-related information. It is safe to say that the advantages of having a handbook far outweigh any potential drawbacks - but their can be drawbacks.

Employer Mistake: We have had a very good handbook for many years, and all we need to do is make sure we follow it.

The Truth:

Unfortunately, while many employers adopted good handbooks twenty or more years ago, they have not reviewed and updated them in many years. Handbooks need to be reviewed regularly to ensure:

• they are consistent with any significant changes or developments in the law, and
• the employer's current practices and policy statements are consistent with the handbook.

A provision of a handbook that is no longer followed or inconsistently followed, can be worse than having no policy at all. Jurors, and other fact finders, expect employers to follow their handbook. Therefore, it needs to be accurate.

There is an outstanding article on Employment Handbooks written by attorney Christina Kotowski that should be read by every employer who does not review his or her handbook on a regular basis.

HR Lawyers Blog's Do You Really Need An Employee Handbook? also is a good article to read. That blog also mentions a great article by Jacqueline McManus that small business owners should read.

The bottom line is this.

1. Have your HR Manager review your Employee Handbook on a regular basis and consult with peers (at his/her association meetings) on changes they may be making.
2. Have your legal counsel inform you of when significant employment law changes occur that could affect you current handbook.
3. Have legal counsel review any significant changes you make to your handbook.
4. Ensure that your employees receive any updates made to your handbook in a timely manner, and that they maintain current copies.

Avoid a common employer mistake. Keep your Employment Handbook up to date.

Comments

[Gary LemonShell]

In the UK, the government is thinking of allowing race and gender to be factored into the employer’s decision on whether to employ the candidate. So the Employer can legally choose a woman from a minority group over a male candidate, who is equally qualified. Is this right? Does this not harm race relations? Does it work both ways? Can I legally choose a white male over a woman from a minority group? It would be interesting what your readers think.
www.lemonshell.com/legal/employmentlaw.aspx