MOST HR FAILURES COME FROM IGNORING THE BASICS

HR POLICIES AND PROCEDURES

There are dozens of picky technical ways to run afoul of employment laws, but more often than not it is the most fundamental failures that get employers in trouble.

According to attorneys John Skousen and Christopher Boman of Fisher & Phillips LLP in Irvine, here are tips for staying out of the courtroom and creating fair work environments in these basic areas:

Employee Handbooks

Without an employee handbook, it is difficult to prove a policy was in place and understood by the staff.  Some items MUST be included – such as meal and rest periods, to ensure employees are aware of the rules and expectations.

Job Applications

Many companies do not require applications, but that is a mistake say Skousen and Boman.  With a well-drafted application, employers elicit only the “facts” and applications allow employers to obtain approval to conduct various background checks. It is also important that employers obtain a signature and affirmation from the applicant confirming that the information is accurate and complete.  Doing so may provide grounds for termination if applicants misrepresent themselves.

Employers should also ensure that the information submitted by the applicant is verified and consistently conducting background checks for every applicant to ensure discrimination claims are avoided.

Your application must be up-to-date! Asking questions that could trigger liability for employers such as the date of the high school diploma could trigger an age discrimination claim.  You may ask whether the candidate graduated from high school instead of asking when they graduated.

Performance Evaluations

Not conducting performance reviews or conducting them late can create problems. It will be difficult to terminate problem employees when there is a lack of notice regarding issues that need to be improved or if there are inconsistent patterns of providing performance evaluations (which could be perceived as a bias).

Termination

One of the biggest mistakes employers make is waiting to involve HR Advisors or legal counsel until after an employee has already been terminated.  Sometimes it may just be a five-minute phone call that saves the company from a lawsuit.

Employers should document the reasons for the employee’s termination. If the employer simply states “at will employment” employees can state whatever unlawful reason they want to.

WRITING AN EMPLOYEE HANDBOOK – Not for the Faint of Heart

According to SHRM (the Society for Human Resource Management), “What you don’t include in your employee handbook can hurt you – or at least leave you vulnerable to an employee lawsuit.”

Allan Weitzman, a partner at a law firm in Boca Raton, Fla, speaking at the SHRM 62nd Annual Conference & Exposition, urged employers to use their employee handbooks as a shield against slackers and malcontents whose efforts to rip off their employer, in the absence of a carefully crafted policy guide, would otherwise go unfettered.

Weitzman said: “even instances where bottom-line requirements are legislated, use the handbook to spell out the specifics of rules governing such things as:

• Access to personal records
• Attendance, punctuality and dependability
• Performance evaluations
• Payment of Wages
• Employer Property
• In-house investigations
• Electronic monitoring of email

Ensure Compliance with Laws
Many areas of the law can easily trip up even a seasoned human resources person and cost the company time and money when a law is violated. The handbook is documentation that your company is committed to compliance with employment laws and regulations on both the state and federal level.

Failure to comply with acts such as California’s FEHA (Fair Employment and Housing Act), the ADA (American with Disabilities Act), and the FLSA (Fair Labor Standards Act) can lead to costly fines and penalties.  Furthermore, the relationship with your employees is strengthened by acknowledging the company’s intent to adhere to equal opportunity guidelines and other employment laws.

A well-drafted employee handbook that sets forth the company’s policies and those policies are enforced uniformly can limit a company’s liability in a lawsuit.  A good employee handbook prevents misunderstandings about policies, confusion regarding when the policies apply, and reduces complaints by giving all employees the same resource for company policies.  The handbook also reduces the risks for a variety of wrongful termination suits by expressly setting forth the at-will provisions, listing forms of prohibited conduct and stating that a violation of the prohibited conduct may result in termination.

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