Who Needs Them ? You Do s
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2017 Issue 2 | THE SCORE
I am continually amazed at the number of business owners , particularly restaurant operators , who do not have an employee handbook . Even if they have one , it is simply a collection of policies copied from someplace else . While the absence of a tailored handbook may be understandable given the time , money and effort it takes to create one , the fact is that the investment in one pays off in the long run . That is , while you should not believe anyone who tells you there is an immediate payoff equal to , or in excess of , the investment , it is true that the consequences of not having an employee handbook can be quite severe . Thus , if you do not have an up-to-date employee handbook , you should correct that sooner rather than later . Fortunately , as a member of the Buffalo Wild Wings ® franchisee association , you have access to a model handbook that you can easily customize to your restaurants .
What are the benefits of having an employee handbook , particularly one that is updated regularly ? From the point of view of a lawyer ( since that ’ s what I am , I thought I would start there ), the most important reason to have an updated handbook is that it is the first step toward demonstrating compliance with federal and state laws . Many employment laws require employers to provide employees with information regarding their rights . Although this requirement is normally met through display of mandatory posters , there are some requirements that are only met through notices delivered to employees ( e . g ., Family and Medical Leave Act ). In addition , when assessing the motivations of an employer ( e . g ., did you violate the law on purpose ),
By Douglas H . Duerr
government investigators and courts are influenced by whether the employer has put into writing , and published , policy statements committing to legal compliance . While having a written commitment to legal compliance will not cause an investigator or judge to conclude you and your business are 100 percent compliant , the fact that you invested the time and effort to put it into writing , is a good start . Remember , many other small businesses that investigators “ visit ” do not even make that effort .
In addition to demonstrating legal compliance , putting certain policies and procedures into writing might help you to avoid a claim altogether . For example , if your restaurant has a legally sufficient , published , written policy prohibiting unlawful harassment ( e . g ., sexual harassment ) with a procedure for reporting incidents of harassment and the alleged victim failed to utilize that procedure , you might be able to avoid liability ( or punitive damages ) for failure to provide a workplace free of harassment . Think of how much money that might save , and it puts the cost of a handbook into a whole new light .
Another important , perhaps even vital , benefit of having an up-to-date handbook is that it sets expectations : a clear and concise statement of what is required of employees in terms of conduct and behavior , attendance and so forth , while likewise informing them of their expectations from you in terms of scheduling , time off and other things . By communicating