Company Manuals Protect Employers

By Bruce Loren & Associates

Employers seem to have all kinds of reasons why they don’t have an employee manual: “No one reads it anyway, they just shove it in a drawer; I can download stuff from the Internet whenever I need it; we’re a small company, we don’t need to write down the rules. It would make everyone feel awkward.”

But the truth be known, there are many reasons – legal and practical – why employers need an employee manual. Manuals can prevent issues involving overtime, safety, probation, scheduling, absenteeism, paid time off, company vehicles, computers, cell phones, privacy, harassment, discipline, parental leave and many others.

Here are a few examples:

Cell Phone Policy

If the company provides a cell phone to employees, it is company property. However, the company needs to make clear what the limits are on the employees’ usage of the phone. For example, your policy should clearly state that the employee has no expectation of privacy in the phone records, voicemail, texts, downloads, uploads or e-mail. Also, if you do not intend for your employees to use the phone for personal use, your policy should clearly state that the phone is for business use only (except in an emergency). How will you handle out-of-plan usage? These are just a few issues that arise with company cell phones.

Safety Policy

Your safety policy should be specifically tailored to the type of business you are in. Roofing, electrical contracting, swimming pool contracting, demolition – each type of work has unique requirements, materials, equipment and hazards. Have you provided instructions for employees to report machinery in need of repair? Have you told the roofers that the company requires them to be on the ground before they use cell phones? Creating your policy also helps you to think about safety in general. How often will you train your employees? Will you outsource the training?

Discipline Policy

This is one of the hardest policies to get used to if you have never had one before. Bottom line: If you fire someone for a perfectly good reason – “everyone knows that Smith showed up on the job at least once a week late, drunk and without his tools” – and you don’t have any documentation, you may have problems down the road. Reason, logic and common sense are, unfortunately, not that helpful after Smith claims to the Equal Employment Opportunity Commission that he was fired because you discriminated against him. You will need a paper trail. A discipline policy can be simple: first violation of most company policies is an oral warning, and you should note the personnel file; second violation is a written warning; third violation is termination. Of course, violations of certain company policies (involving safety or theft, for example) may result in immediate termination, but the manual is the only way for employees to know what the company policies are in the first place.

Discrimination and Harassment Reporting Policies

All companies should have and enforce written policies forbidding harassment and discrimination on the basis of race, color, religion, sex, national origin, sexual orientation, age, disability or veteran status. However, the supervisors, owners and HR department cannot address an issue if they do not know that the issue exists. For example, if an employee with a disability feels as though he is being discriminated against, he should be able to look to the policy for instructions on who he can report this to. The company should have a policy for investigating and responding to the complaint.

These examples alone should have you thinking about your current policies, whether they are clear and effective, and whether you need a new or revised employee manual. But let’s discuss these other reasons.

“No one reads it anyway; they just shove it in a drawer.”

The employee manual protects your company. When employees claim that they “didn’t know” that the company could read text messages or “didn’t know” not to wear an iPod on a job site, you can rely on the manual. When you distribute the manual, give employees time on the clock to review it. Distribute an acknowledgment, asking each employee to affirm that he/she has received, read and understands the manual. Keep a signed acknowledgment in each employee’s personnel file. It would be nice if all of your employees really read the manual, but they may not. That should not prevent you from protecting your business.

“I can download stuff from the Internet whenever I need it.”

Sure, and everything you get from the Internet is accurate, up to date, applicable to your company and applicable in the state of Florida. With Internet-based policies, you may accidentally commit your company to something when you don’t need to. For example, employers with less than 50 employees are not required to provide leave under the federal Family Medical Leave Act. But the leave policy that you download may reference this law, and you may end up allowing employees to take time off when you are not required to and subjecting yourself to penalties for non-compliance. A customized manual, crafted with the assistance of counsel, will include details specific to your business.

“We’re a small company; we don’t need to write down the rules. It would make everyone feel awkward.”

A small company can have a family feeling, and formal rules can distance the owner from the employees. However, a manual does not have to strip away that feeling. Instead, you can make employees feel like they are even more of an important part of the company. Include longtime employees in the process. Ask for input. Remind employees of situations where written policies would have helped, such as the time when someone used a company cell phone to text his American Idol votes 10,000 times (during working hours, while on top of a roof) and, after being fired, claimed that the company fired him for discriminatory reasons. Written cell phone, safety, discipline and discrimination reporting policies could have helped to quickly put an end to that claim and saved the company money. In turn, more money could have been invested back into the company and used for raises, bonuses and benefits.

Your employees will benefit from the clarity that the manual provides. Your company will benefit from the protection that the manual provides.

The West Palm Beach law firm of Bruce Loren & Associates specializes in the representation of businesses and management in the construction industry. Cara F. Barrick, Esq., SPHR, focuses her practice on employment issues that are unique to the construction industry.

Background Checks for New Employees

‘By Bruce E. Loren & Associates

By adding background checks to the screening process for new employees, employers can verify applicant information, reduce the risk of theft and workplace violence and improve the general quality of the candidate pool.

Prior to performing any background screening, the employer should have a written policy in place that describes the details of the screening process. Some of the information that may be included is a description of who will be screened (i.e., applicants only, all employees, managers only), when screening will occur (i.e., pre-employment only, annually), what paperwork is necessary, what type of background check will be performed, who will have access to the information, who will decide how the information will be used, and who will be responsible for adhering to the Fair Credit Reporting Act (FCRA) and state law compliance.

Employers should consult legal counsel regarding how they use potentially adverse information as part of their hiring criteria. For example, many states prohibit the use of an applicant’s arrest record (as opposed to convictions) when making a hiring decision. Also, decisions based on criminal convictions may be subject to the nature/gravity of the offense, the time that has elapsed since conviction or sentence completion and the nature of the job assignment.

In general, employers will find it more cost efficient and accurate to hire a third-party background screening company. Many of these background screening companies are members of the National Association of Professional Background Screeners and will provide information to the employer about the legal requirements of the screening process.

The FCRA defines screening companies as “consumer reporting agencies” and the background reports are defined as “consumer reports.”

Under the FCRA, employers must:

1. Have a written disclosure to the individual that a consumer report will be obtained. This disclosure must occur before the background check is obtained and it must be a separate document from the employment application.

2. Obtain written authorization from the individual prior to requesting the consumer report.

3. If the employer plans on taking any adverse action based on the consumer report, the employer must provide two notices to the individual – one notice before taking adverse action and another when the adverse action occurs.

4. Before taking the adverse action, the employer must provide applicant/employee with a copy of the consumer report and a summary of the applicant’s/employee’s rights under the Act (these rights can be found at http://www.ftc.gov)

5. After providing this information the employer must wait for a period of time (usually 5 days) before taking the adverse action. This waiting period allows the individual to identify any inaccuracies in the consumer report.

6. Upon taking the adverse action, the employer must provide the individual with a Notice of Adverse Action taken, the contact information of the consumer reporting agency, and a notice of the consumer’s right to dispute the accuracy of the report with the reporting agency.

Employers should also make sure background checks have been performed on their temporary workers and independent contractors. If the employer is using a staffing agency, the employer must inform the staffing agency the employer has a background screening policy. All applicants that the staffing company refers should be screened and all FCRA and state laws followed, including getting written authorization from the applicant.

Bruce E. Loren & Associates is an AV-rated business and construction litigation law firm, also specializing in all employment-related issues for our clients. If you have any questions about this article or any employment-related issue, please contact Bruce E. Loren, Esq. or Cara F. Barrick, Esq., SPHR.

Recover From a Bad Conversation With Your Boss

Perhaps this happened to you. You’re enjoying a typical day on the job when suddenly things take a turn for the worst. Tempers flare, words are exchanged and regret sets in. You had a bad conversation, maybe even a fight, with your boss. Thankfully, these regrettable conversations are not always a deal breaker. You may be given the opportunity to redeem yourself, move forward and continue to wow your employer. The trick is how do you begin the recovery process?

Cool down.
During any argument it’s natural to turn on our defenses, however, entering a resolution while feeling defensive is rarely productive. Take time to cool down and collect your emotions and thoughts. For each individual this time is different; whether you need five minutes or an afternoon, take the time you feel is appropriate and necessary.

Apologize.
Admitting fault is never fun. If after taking some time to cool down you realize you were in the wrong (yes, you actually did snap at that customer), approach your boss with humility and a resolution. But, apologizing is simply not enough. Be able to tell your boss why what you did was wrong and how you plan on avoiding similar situations in the future. Show initiative in taking steps toward a better you. Admitting fault when you still believe you were in the right is especially difficult, but it is vital in moving forward. When you’re having trouble finding fault in yourself, apologize for the way you reacted. Most of us say or do things we regret in the heat of the moment, so, if nothing else, apologize to your boss for your “momentary lack of professionalism.” Acknowledging that you were wrong, in at least some way, will show your employer you are taking some of the responsibility.

Move forward.
Unfortunately, many of us like to bring up situations that should be left alone. After apologizing, don’t continue bringing up the argument. Making light of the situation may seem like an easy way to get over the awkwardness, but keep in mind, each time the conversation is brought up, your teammates are reminded of your moment of weakness. If coworkers, or even your boss, continuously bring up your meltdown, simply remind them the situation has been addressed and you are taking the necessary steps to move forward. In this case, the less ammunition you give your peers, the better.

Arguing with an employer is undoubtedly awkward and even scary. The true test will be your ability to recover from the situation professionally. Showing the maturity to move forward will prove your ability to conduct business respectfully and graciously.

Not So Great Expectations

If your employees don’t understand your expectations, how can they be expected to achieve them? Make sure you’re not setting up your team to fail with these two common blunders.

Having Unclear Expectations
Without a good understanding of what you need from them, at some time or another, your employees will not meet your expectations, which could mean productivity, profitability and morale issues for you.

When it comes to expectations, good communication is key. Take time to make sure every employee understands their job description, key duties, goals and the role they play in your company. If you have specific expectations for a project, communicate those expectations clearly and up front. Asking for their feedback and questions is a great way to ensure everyone’s on the same page. As a project progresses, your expectations may change, so keep notes of the conversations you’ve had. Taking notes will help you remember what’s been communicated and what hasn’t should a problem arise.

Having Unrealistic Expectations
If the expectations set for employees are unrealistic, your staff could be doomed from the get go. Make sure the goals, projects and deadlines you establish are realistic and achievable. A great place to start is by making sure your individual and company goals meet the SMART goals standard by being specific, measurable, achievable, relevant and timely. It’s also important to ensure your employees have the skills, experience and tools they need to complete the projects you assign.

Most people come to work with the desire to succeed. After all, no one likes to fail. Your employees will stand a better chance of thriving at work if you set clear, realistic expectations from day one.

What to do With Your References After You Get the Job

Now more than ever, having positive references to cite during your job search is invaluable. With job markets becoming more and more competitive, potential employers will look to your contacts as testaments of your work ethic, personality and ability to perform. However, once you achieve employment, it is important to show your gratitude to those who helped you along the way.

Send a thank-you note.
Although you may be tempted to send a thank-you via e-mail, don’t. Take the old-fashioned route and send a handwritten thank you card to those who served as a reference. Spending the extra five minutes to write a note will show your appreciation in a personal and memorable way. Be sure to thank your contact for serving as a reference and assure them you will continue to work hard to reaffirm their praise of you. Your new job will keep you busy, but remember to show your gratitude in a prompt manner.

Exceed expectations.
Perhaps the greatest way to repay a reference is to perform well in your new position. This is especially important if your reference used personal or professional connections to help you secure an interview and job. Excelling in your job will not only make you look good, but will also reinforce your reference’s trust in you. Think of your reference as an endorsement on your behalf. In order to keep a positive, professional relationship, it is important to excel in your new position and prove yourself to both your new employer and your reference.

Keep your contacts updated.
Updating your contact on your success and growth is another thoughtful way to include them in your endeavors. Sending information regarding your job development or a recent promotion every now and then will make your reference feel involved and appreciated. This will also help keep you in contact for any future recommendations you may need.

The reality is most of us get our foot in the door based on who we know. Showing gratitude to your contacts is a great way to maintain a professional relationship that will continue to benefit you throughout your career.

Leadership Risks Worth Taking

Safe, predictable, tried and true – while these words might put your mind at ease, stepping out of your comfort zone and trying something a little risky can pay off in a big way. In business, there are times when you need to make a bold move and times when playing it safe is the right course. The key is learning which risks are worth the gamble.

Trust Your Employees.
Some leaders fear giving employees too much freedom. Instead, they micromanage every task to prevent employees from ever making mistakes. For perfectionist managers, letting go of control is scary. If you struggle with delegating, step back and evaluate how that affects your team. According to the American Management Association, micromanaging discourages employees and kills creativity. Show some faith, and give your team a longer leash. If they fail, that’s okay. Resist the urge to reclaim control. Instead, let them grow in their roles. Taking chances on your team will lighten your load and empower your employees.

Give Credit
No manager is an island. Some leaders, however, seem to forget this notion whenever the boss or a top client is within earshot. They worry acknowledging others’ contributions will damage their reputation. But in reality, people value humble, team-oriented leaders over those who claim to do it all on their own. While it’s great to compliment employees one-on-one, private remarks can’t replace public recognition. When team members play a significant role in making a project succeed, make sure you openly acknowledge their efforts.

Say No
Savvy leaders understand that sometimes no is the best answer – even when the pressure’s on to give the green light. Whether that means turning down a project or passing up a promotion, the ability to say no at the right times is just as important as knowing when to say yes. Accepting every request that comes your way doesn’t do anyone a service – least of all you. Knowing your limits and understanding what’s right for you will prevent distractions from bogging you down. Take a risk, and say no when the time’s right – others will appreciate your honesty and your ability to take a stand.

Try Something New
“That’s the way we’ve always done things.” Who hasn’t heard this mantra repeated in the boardrooms and cubicles of their organization? Just because the same old, same old is what people are comfortable with doesn’t mean it’s the most effective way to get things done. In a new book called, Buy-In: Saving Your Good Idea from Getting Shot Down, the authors discuss how naysayers can keep great ideas from ever launching. Imagine what the world would be like if leaders and inventors like Alexander Graham Bell or Henry Ford hadn’t pushed to see their visions become realities. We might still be relying on telegraphs and riding in horse-drawn carriages.

Successful managers know when to take chances and when to play it safe. Taking risks to courageously lead the pack is exactly the sort of thing top leaders are renowned for. So step out of your comfort zone and challenge the status quo.

Staffing Stats

Staffing agencies have really stepped into the limelight during this troubled economic climate, and for very good reason. Check out the following nationwide statistics according to the American Staffing Association.

Jobs
Staffing agencies are responsible for contributing a major percentage of the nation’s employment.

– 2.01 million people are employed by staffing companies every business day.
– 8.6 million temporary and contract employees are hired by U.S. staffing firms over the course of a year.
– 79% of staffing employees work full time, virtually the same as the rest of the work force.

Flexibility
The staffing industry offers flexibility to both employees and companies. People can choose when, where and how they want to work. Companies can get the skills they need to keep fully staffed during busy times.

– 66% of staffing employees say flexible work time is important to them.
– 64% of staffing employees report that their work gives them the scheduling flexibility and the time for family that they desire.
– 90% of client businesses say staffing companies give them flexibility to keep fully staffed during busy times.

Bridge
Temporary and contract work provides a bridge to permanent employment. People can try out a prospective employer and showcase their skills for a permanent job.

– 88% of staffing employees say that temporary or contract work made their job more employable.
– 77% of staffing employees say it’s a good way to obtain a permanent job.
– 80% of staffing clients say staffing firms offer a good way to find people who can become permanent employees.

Choice
Many people choose temporary and contract work as an employment option. They can select their work schedules and choose among a variety of diverse and challenging assignments.

– 67% of staffing employees say choice of assignments was an important factor in their job decision.
– 23% of staffing employees have little or no interest in a permanent job—they prefer the alternative arrangement over traditional employment.
– 33% of staffing employees say they work for a staffing company because they like the diversity and challenge of different jobs.

Training
The staffing industry provides free training for millions of temporary and contract employees to help meet today’s demand for skilled workers.

– 90% of staffing companies provide free training to their temporary and contract employees.
– 65% of staffing employees say they developed new or improved work skills through their assignments.
– 40% of staffing employees say they choose temporary or contract work as a way to obtain employment experience or job training.