clear expectations , you can avoid the potential for misunderstanding and conflict . In addition , by setting expectations , if an employee fails to meet those requirements disciplinary action ( perhaps including termination ) is fair ( and defensible ) because the employee knew what was expected . In fact , if a claim for unemployment compensation is filed following a disciplinary termination and you want to win , you will first need to be able to show , among other things , that the employee was aware of the requirement . If that requirement is contained in an employee handbook delivered to the employee , then you will be able to make that showing .
A third benefit of an employee handbook is that it provides , in one location , a way of introducing your culture , mission and values . A handbook is a great place to put information regarding the history of your restaurant and information regarding the brand . You can even include information about yourself and the values you seek to uphold in your business . While you might be tempted to say that new employees will dismiss this as just “ mere words ” and that you can tell them the same information in orientation , having an employee handbook goes beyond mere words and has certain advantages over just orally conveying that information . For example , a professionallooking handbook quickly communicates that this is a well-run organization that “ sweats the details .” It also communicates through the presence of policies that the organization intends to treat all employees uniformly and fairly . Finally , putting the information in writing ensures that the message does not vary depending upon who is presenting it ( e . g ., you as the owner as compared to an assistant manager trying to get through orientation while worrying about whether pre-shift tasks are
being completed in a full and timely manner ).
Are there other benefits ? Of course . But in the space that remains , I want to address the cost and burden of developing , publishing and following a handbook . As I noted above , through your membership in the association , the biggest burden and cost of developing a handbook has already been reduced to zero : You have access to a model , draft handbook ready for your restaurants . While you will still need to customize it to your operations as the contents are merely suggestions for your consideration , this model handbook is geared toward restaurants , not an assembly plant or an office . Once you customize it to your operations , you should have an attorney review it to make sure that it complies with your state and local laws . ( The model is intended to be compliant in most jurisdictions , but there are variations in state and local law that sometimes conflict with the laws in other states and localities .) Neither Franchise Business Services nor any of the Buffalo Wild Wings companies require you to adopt any of the policies in the model employee handbook or to implement an employee handbook even if it is a good idea . Also , check back every year to see if there are any updates ; this is an easy way to help keep your handbook keep current with the changing times .
Who needs an employee handbook ? You do , if you don ’ t already have one . If you have one , when was the last time you took a look at it to make sure it was up-to-date ? If you can ’ t remember , then it is definitely too long ago . S
DOUGLAS H . DUERR is a partner at Elarbee Thompson , a national labor and employment law firm with an industry practice area focused on franchises . Learn more at www . elarbeethompson . com .
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THESCORE | 2017 Issue 2