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Column by Nancy Cooper
Writing the Right Workplace Policies
An employee handbook provides far more than general expectations about attendance, dress code, and benefits. It can also communicate the core values of an employer.
A handbook is the starting point for communicating a clear mission statement to your employees, and then making sure that it is more than just lip service. If your company has a mission statement voicing certain principles that are important to you, then make sure your policies reflect those values. If your company puts a premium on providing opportunities for employees to move up within the company, do you have a transfer or promotions policy? Do you have a policy that encourages employees to seek out additional training to improve their skills? Do you have a policy that requires annual evaluations that include the employee setting goals for their own growth?
In my previous column, I discussed "must have" policies. The reality is that the majority of policies in a handbook are more "guidance" policies than "must have" policies. Guidance policies are those that let the employees know where the boundaries are on behavior. They also provide guidance on day-to-day operations. Guidance policies can be as broad as outlining what sort of behaviors will not be tolerated by the company. They can also be as narrow as defining what amount of cell-phone use or computer use will be tolerated by the company.
However, care must be taken when writing guidance policies. Frequently, not much thought is given to how they're written. However, cases consistently have interpreted handbook policies to be contracts with employees. This means unless employers reserve a certain amount of discretion to themselves and decision making, the contract that exists in the handbook must be followed. A prime example of this is discipline policies.
Policies that specify the amount and type of discipline that can be taken have evolved from collective-bargaining agreements between unions and companies. However, non-union employers do not have formalized behavioral contracts with their employees, such as collective-bargaining agreements. This type of contract should not be confused with an employment agreement specifying the length and terms and conditions of employment. Courts have consistently determined that when a policy promises a certain procedure will be followed, it is a contract with that employee to do as outlined in the policy.
This means when you have a discipline policy that says certain types of discipline will only apply to certain acts, or that you will follow a progressive form of discipline, the company needs to make sure that they precisely follow the policy, or they may be in danger of having a court decide they have violated their "contract" with their employees.
In contrast, if you have a policy that says you generally try to follow certain discipline steps, but the company reserves the right to determine discipline on a case-by-case basis at the discretion of the company, then there is the freedom to respond as needed to the facts of the situation. This means the company can respond to the unique set of facts in any given situation. However, the company still needs to make sure that the discipline is administered in a consistent manner. This means that you double check the disciplinary decisions to make sure that you are not discriminating against any group in the manner of administering discipline for similar situations.
Guidance policies also can set the tone for how employees are expected to appear and act while representatives of the company. Yes, this can mean dress codes. It also can mean things like taking personal phone calls, or using personal cell phones to send instant messages (and therefore, theoretically getting around the policies that may say employees may not take personal calls).
Employers should not try to anticipate every instance that may occur. Instead they should think about two areas when they are developing policies. The first is what policies will convey their company mission. I have some clients that outline how they expect their employees to meet and greet the customers. This is because one of their core values is top-of-the-line customer service from the instant the customer sets foot in the business.
I have other clients that focus on the behind-the-scene things that may disrupt the functioning of the business, such as Internet access, use of cell phones, and text messaging. I have developed policies for other clients regarding the appropriate behavior at company social functions, particularly when the functions are used for marketing, such as taking clients to professional sporting events.
Handbooks and policies should address the general expectations of the employer, such as attendance, dress code, and benefits. They also should address the core values that are important to the employer. Finally, the drafting of the handbook should encompass the company values and mission statement. The handbook is often the first glimpse the employees get into the core of the company; it is only good business practice to make sure the core values are communicated and kept up-to-date.
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