Company policies lay the foundation on which employment expectations are formed, and thus, workplace actions are taken. A missing phrase here, an undefined term there can spell policy disaster.
There's no time like the present to audit your organization's policy handbook. While it's unlikely the handbook needs a total rewrite, you might find that it could use a little fine-tuning.
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Start by checking that your organization's policies don't fall into these four policy writing traps:
Mistake #1: Disclaimers That Are Too Few and Far Between
Some employers mistakenly believe that adding a single disclaimer to an employee policy handbook is all they need to do to give themselves the latitude to bypass, revise or replace existing policy provisions. If, however, employees are left scratching their heads after reading the disclaimer or searching for it within the text of the handbook, chances are good that the disclaimer will carry little legal weight should any of your organization's policies be legally changed.
Jim Collison, president of Employers of America, Inc., who has been writing and critiquing employee handbooks since 1981, stressed the importance of having not one, not two, but five disclaimers and qualifiers in your organization's employee handbook. He recommends:
- Opening disclaimer, which, in no uncertain terms, states that the handbook is not a contract of employment and that the employment relationship is at-will.
- Benefits section qualifier, which explains that benefits or premium contributions may change at the company's discretion and that if there is a conflict between language in the employee handbook and language in an official plan document (such as a group health insurance policy), the official plan document governs.
- At-will reminder. "In any discipline policy or complaint resolution policy, restate the employer's right to discipline or terminate an employee at-will, with or without cause," stated Collison.
- Misconduct qualifier. Collison said: "In any list of misconduct examples, state that the list is not all encompassing or not all inclusive."
- An acknowledgment, upon which an employee's signature means that he/she acknowledges: receiving a copy of the handbook, reading it, understanding it, having had the opportunity to ask questions about it, having had it explained, that the handbook is not a contract of employment, and that the employment relationship is at-will.
Here are some additional phrases you might find useful:
- These rules do not represent every conceivable type of offense, but reflect those most frequently encountered.
- Misconduct not specifically described in these guidelines will be handled as warranted by the circumstances of the situations involved.
- Penalties imposed as a result of infractions of company policy may be modified by the company when extenuating circumstances are found.
- Flagrant infractions of this policy may result in action of greater severity than usual.
Mistake #2: Provisions That Are Too Open to Interpretation
No matter how well-worded you think a policy appears, there's a chance that some employees may be confused by it. Sometimes, that confusion is a result of the language used. Just because you're familiar with certain terms, doesn't mean rank-and-file employees are too. Always read policies with an eye out for HR jargon or legalese.
Other times, confusion is the result of what's not said, and thus, left open to employee interpretation. That's why it's imperative that your organization's policies spell out exactly what they mean and define all terms as necessary.
For example, if an attendance policy states "absent employees are required to present medical documentation upon their return," employees may assume that presenting any kind of medical document will excuse their absence under an attendance policy when, in fact, company rules require that the documentation specifically states an employee is unable to perform his/her essential job functions.
Avoid confusion and mistakes in the workplace that could lead to costly lawsuits. Discover how you can create and communicate clear, consistent, accurate and reliable corporate policies and procedures that any employee and independent contractor can easily understand. Make best practices your practices with The Book of Company Policies. Order your copy today.
Mistake #3: Requirements That Are Too Stringent
Another mistake employers commonly make when drafting policies is including more stringent requirements than called for by federal and state law. In some instances, this is perfectly acceptable, as long as you don't penalize employees for failing to meet these more stringent requirements.
Best bet: Keep policies in step with legal requirements. Before actually writing a policy, consider whether there are any applicable laws no matter what the topic is. Of course you won't forget to incorporate the FMLA or Americans with Disabilities Act into your policies if applicable. But what about a more obscure state law on school visitation leave or lifestyle discrimination? Thinking in terms of federal and state laws every time you sit down to write a policy is a must. And remember, where federal and state requirements conflict, the one that is most beneficial to employees is the one that must be followed.
Mistake #4: Protections That Are Too One-Sided
Still another mistake employers make is forgetting to equally address all potential parties in a policy. For example, a sexual harassment policy should address the rights of the accuser, as well as the accused.
Best bet: Whenever drafting any type of harassment policy or provision, make sure it addresses both sides of the harassment coin. State the company's commitment to protecting each and every employee from harassment of any kind. Then spell out exactly what steps employees should take if they feel harassed. Include examples of prohibited harassment. Don't stop there, though. Address the rights of the accused. Outline the investigatory steps the organization will take to ensure that false accusations or retaliatory motivations aren't the basis for the claim.
Are you in 100% compliance?
If you're not sure or answered no, you could be risking a costly lawsuit. But there's no need to pay an attorney a small fortune to research the best corporate policies. Not when you can turn to this comprehensive, eye-opening and practical guide, The Book of Company Policies, to create best-practice policies that are 100% legal and compliant.
Whether you're starting from scratch or need to 
bring your current policies up to standard, you'll appreciate the clear, concise and easy-to-follow guidance. With this handy book at your fingertips, you'll quickly discover best practices on policies for computer use, dress code, English only, FMLA leave, terminations, non-compete agreements, sexual harassment, telecommuting, drug testing … and so much more.
Each policy is already working and tested in companies across the country. All you have to do is apply these policies to your own company's needs. Order your copy today at no risk! You must be completely satisfied or your money back. Order The Book of Company Policies now.
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