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