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clickable resources
Upsize May 04: How to make employee bonus plans
pay off, by Anne Bares, Altura Consulting Group •
Upsize Apr 05: Don’t imitate ‘The Donald’ when hiring
and firing, by Carl Crosby Lehmann and Reagan Oden,
Gray Plant Mooty • Upsize Nov 05: Staff handbooks
can protect both parties if well done, by Theresa Thompson,
Parsinen Kaplan Rosberg & Gotlieb • U.S. Department
of Labor, Wage and Hour division • Wage and
hour laws FAQ
WATCH THE INTERNET
6 An Internet and e-mail policy
is a must at any company
where employees have access to the
Internet. While it can be a great tool in
the workplace, the Internet can also be
the source of a lot of problems.
People should think twice before they
send jokes or racy pictures or forward
e-mails. What some people view as a
joke, might be construed as harassing
or discriminatory behavior to others.
And it’s not just the originator of the e-
mail who risks disciplinary action, but
also the employee who forwards it on
to friends.
Many employees assume their work e-
mail is private, but it’s not; the system
belongs to the employer, and employers
have the right to monitor it. That
should be clearly stated in the e-mail
policy section of the handbook.
ENFORCE
7 NONCOMPETES
Noncompete agreements can
prevent an employee from working for
a competitor for a specific period of
time. Nondisclosures can prevent
employees from disclosing certain
information. And nonsolicitation agreements
can prevent a former employee
from luring others away. All of these
can be effective tools in protecting
your business assets if they are drafted
properly and enforced consistently.
Before drafting any of these agreements,
employers need to identify and
prioritize key assets of the business
that may need protection. Noncompete
agreements aren’t necessary for all
employees and there’s only some information
that is crucial to the survival of
your business.
If you do have these agreements in
place, you need to enforce them consistently.
It’s important to act quickly if
there’s a breach or a threat of a breach,
because a delay will hurt your case.
DON’T GO IT ALONE
8 Employment law is definitely
an area where employers
shouldn’t try to go it alone. Laws and
rules are complicated, and different
laws kick in at different numbers of
employees. Attorneys say spending a
few hours on foundation areas, and
then calling your attorney when problems
arise, can avoid a lot of hardship
and cost down the road.
9
CONSISTENCY IS KEY
The No. 1 mistake? Failure to
treat people consistently or
fairly. If employers do nothing else to
avoid problems or potential legal disputes
they should be sure to treat
people consistently and fairly, especially
as companies get larger.
If it comes to a lawsuit, a discrepancy
in the way employees are treated creates
an obstacle for the defense. Why
was Employee A afforded an opportunity
that was denied to Employee B?
Or why was Employee A disciplined for
an action and Employee B was not?
The judge and jury will look at that
track record. And that’s powerful evidence.
Juries may not understand the
law, but they understand fairness.
WRITE IT DOWN
10 Documentation is another
huge area that plagues small
employers. Many of them cite lack of
time, lack of knowledge or fear of
doing it wrong as the reason for their
poor or nonexistent documentation.
But if you do it properly, it can help
you.
If an employee who has been dismissed
brings a lawsuit claiming to
have been unaware that he or she was
on the brink of termination, documentation
is key, attorneys say.
UPSIZE | 24 | ONLINE
NOV08