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Heading Off Employee Issues

February 12, 2007

Owners of new business have a lot of “upfront” work to do before they can open their doors for business. Business plans, deciding on the type of business organization, insurance, and tax issues all have to be ironed out before operations begin. Once out of the gate, though, many employers are all too willing to forego the upfront work of preparing for employee issues, and become reactive, rather than proactive when dealing with employee issues. Below are three tips on how to stay one step ahead of potential problems and costly employee lawsuits.

Take the time to create WRITTEN policies and procedures.

As a business owner, you know how you want and expect your business to be run. Your employees may not. Written policies and procedures will ensure that everyone is on the same page. Aside from company values and mission, there are always operational questions as well: How often are employees paid? What is the vacation policy? Is there a probationary period? What actions will lead to disciplinary action? Don’t wait until there are employee issues (and there WILL be employee issues) before you start to think about what the policies and procedures should be.

Don’t underestimate the importance of job descriptions.

Job descriptions must be one of the most under-valued tools that business owners have. Job descriptions should be created for every position in your business, reviewed and updated regularly, and used for everything from hiring, to evaluating, to maximizing the performance of your employees. Along with documentation, accurate job descriptions can be the best tool in the event of an employee lawsuit.

Learn the skill of effective documentation … and use it.

Effective documentation may be the single most important skill a business owner needs to have when dealing with your employees.Whether it’s informal feedback or a formal counseling session, fair and consistent documentation can prevent the recurrence of performance issues.Documentation should also be used at evaluation time to help you remember events (both good and bad) that may have happened several months prior. Effective documentation is objective and detailed. Words and phrases such as “lazy”, “undependable”, and “bad attitude” are meaningless in employee documentation. Make sure you document the behavior, not your personal feelings about the employee.Keep in mind, also, that performance documentation will become a permanent part of the employee’s file. It is quite possible that several years down the road an unemployment referee or EEOC investigator will be reading the documentation. Make sure your documentation is detailed enough that someone who is unfamiliar with the employee and situation could understand it.The key in getting off on the right foot in dealing with employees is to be proactive rather than reactive. Take the time up front to put policies, procedures, and job descriptions in writing before you need them. Start the process of fair and consistent documentation with your very first employee – it will be routine by the time you’re ready to add more workers.
 

Hippo & Fleming Law Offices can help:

  • Our attorneys can guide you through writing an initial employee handbook, review an existing handbook or policy, and work with you to create effective job descriptions.

  • We offer training sessions for your or your supervisors on effective disciplinary documentation and general communication.

Contact our office for more information on how we can help you be proactive in managing your employees.