Policies / Handbooks

Set clear guidance for promotion applications

09/17/2015

Employers can get in big trouble if they try to manipulate promotions so only certain individuals apply. That can happen when promotion opportunities aren’t listed or only a select few learn about them. The legal risk: Even employees who don’t formally apply can sue.

Tread lightly when talk turns to politics

09/15/2015

The real action in the 2016 election is still months away, but political discord is already in mid-campaign form. If water-cooler chatter has been more heated than you would like, you may be tempted to put a gag order on political speech. That’s not a smart move.

Craft smart policy on use of smartphones

09/03/2015

Smartphone technology has simply changed too quickly for many employee handbooks to keep up. What should your strategy be?

AG investigates retailers for unpredictable scheduling

08/13/2015

State Attorney General Eric Schneiderman has requested scheduling information from some of the nation’s largest retailers to determine if they are abiding by New York’s “reporting time” law.

OK to reference handbook in employment contract

07/27/2015

Employee handbooks aren’t contracts. In fact, to preserve at-will employment status, we usually recommend including a disclaimer that specifically states: “This handbook does not constitute a contract.” But some key employees do work under the terms of employment contracts, and occasionally it may make sense to incorporate your employee handbook rules into those agreements. Referring to the handbook makes its terms and conditions binding on your contracted workers.

Policies are worthless if they’re not communicated

07/24/2015

An accountant for the state Department of Health will get his job back after Commonwealth Court determined that, contrary to the given reason for his firing, his e-mail was not “combative”, “antagonistic”, or “accusatory.”

15 questions to ask when auditing your handbook

07/15/2015

It’s good business to review your handbook once a year and revise it as necessary. Answer these questions to gauge its thoroughness and reliability.

What’s wrong with that policy?

07/13/2015

Company policies lay the foundation on which employment expectations are formed, and thus, workplace actions are taken. A missing phrase here, an undefined term there can spell policy disaster.

How to limit damage from an employee-turned-competitor

07/03/2015

It happens more often than you might think: You find out that one of your employees is preparing to go out on her own or jump ship to join a competitor. Your fear: There go our trade secrets. Here’s how to prevent the problem, or respond to it if it happens.

Provide clear rules on promotions to prevent failure-to-promote lawsuits

06/26/2015

Employers that provide clear rules on what employees must do before being considered for promotions can reduce the possibility of failure-to-promote lawsuits. That’s because employees who don’t follow those clear rules can’t argue they weren’t promoted on account of their membership in a protected class. They lost out because they didn’t follow the rules.