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4 common problems in employment manuals

February 2021 employment law letter
Authors: 
Jo Ellen Whitney, Davis Brown Law Firm

Every HR professional struggles, sweats, and possibly rips their hair out (if they have any) over what to put into an employment manual and how best to minimize litigation for their company in the future. Worrying exclusively about liability rather than practicality, however, can lead to significant concerns. Here some common issues with employment manuals.

1. Writing a policy you will never enforce

Writing policies you can’t or won’t enforce creates significant liability issues for any company. It says, “We decided what the expectation was, but we are choosing not to enforce it.”

The approach casts doubt on your intentions and your other policies and undercuts your authority. Remember, policies need buy-in not only from HR and the C-suite but also front-line managers. They need to be understandable and a priority for your managers and team leaders for consistent practices and enforcement.

No one wants a manager to say in a deposition, “I have never seen that policy before, and I don’t know why we have it.” Craft policies with your actual practices and priorities in mind.

2. Writing a policy to cover every contingency

What kind of dress code will we have if a meteor hits the earth or there is a second ice age? No one can write a policy to cover every single contingency, and the more complex and detailed a policy is, the less likely it is to be effective.

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