When does a small business need an employee handbook?

If you have employees, you need an employee handbook.

Improve your existing policies.
Writing an employee handbook is to your employment policies what writing a business plan is to your business. It is the act itself that can help you improve. Let’s face it, as small business owners we are often so busy that we can neglect our employee issues. When this happens our interactions can become an exercise in putting out fires, rather than acting proactively.

By partnering with an expert, whether your attorney or an HR professional to think through policies that will help your business run more effectively, you are taking the first step to becoming an employer of choice.

Stay out of court.
Many times the key to staying out of court is in consistency. Without having clear expectations written down consistency is difficult.

Because some states regard an employee handbook as an employment contract, handbooks can sometimes be a detriment to employers who find themselves in court. However, you can minimize your risk by using precise language and effective disclaimers.

Motivate your employees.
Employees are at their best when they know exactly what you expect of them. You can use your employee handbook as a tool not only to lay down the law of the land, but also to let employees know exactly what they are working towards. Add sections about performance appraisals, raises, and promotions to let your employees know what steps to take to get ahead.

Create excitement.
When hiring someone new an employee manual can be used to communicate your desired culture and make your company appear more professional. Use the first few sections of your handbook to give a history of your company, your mission and values, and add a welcome letter to let them know who your company is. The first day can set the tone for years of great success.

When rolling out a handbook to existing employees, take it as an opportunity to create excitement. Let them know how much you have grown and plan on growing in the future and be sure to let them know how they have contributed to that growth.

Buyer beware.
If you google “Employee Handbook” you will find thousands of sites offering inexpensive handbooks that can be downloaded on the spot. However, when you use somebody else’s handbook are you creating your culture? Find a company that will partner with you in writing your handbook to ensure that it represents your company and not someone else’s.

You can find many great tools to get started on your employee handbook on our website, www.pwhrm.com. There you will find a free sample employee handbook as well as a free quote form.

Question: Can I hold a final paycheck until company property is returned?

It is unlawful to hold any part of a final paycheck in both Missouri and Kansas in most cases. If your employee worked in a state other than Missouri or Kansas check that state’s regs (as well as local regs).

I have many clients who claim that they will deduct monies from final paychecks for things such as cell phones, paid tuition reimbursement under certain circumstances, paid training, etc. However, an employer is not permitted to make these deductions from the final paycheck.

If as an employer, you believe that an employee owes you money for broken or unreturned equipment or any other reason; you must file a claim through the courts to have this money paid.

In addition, laws regulate when a final paycheck must be given to the employee. Here they are for Kansas & Missouri.

Kansas
If employee is fired: next scheduled payday.
If employee quits: next scheduled payday. (Kan. Stat. Ann. § 44-315.)

Missouri
If employee is fired: immediately. (Mo. Ann. Stat. § 290.110.)

Sex Deemed Major Life Activity Under ADA!!

Under the Americans with Disabilities Act, protected individuals are those who suffer from a significant impairment of a major life activity, or who are regarded as or have a record of suffering from such impairment. The question of what constitutes a major life activity has vexed federal courts. In its Williams v. Toyota Mfg. case, the U.S. Supreme Court said that in most cases, major life activities will not involve work, but rather consist of daily life activities, such as walking, speaking, eating, and the ability to care for oneself. Earlier this month, the District of Columbia Court of Appeals concluded that the ability to have sexual relations is also a major life activity.

In Adams v. Rice, the plaintiff was a State Department employee who sought an overseas posting. The State Department declined to allow her to serve overseas in certain countries because she was a breast cancer survivor, and the Department was concerned about the ability to provide follow-up medical care in developing countries. The plaintiff asserted that she was cancer-free, and sued under the Rehabilitation Act (this law applies to federal employers and contractors, and is interpreted the same as the ADA).

The trial court rejected the plaintiff’s claim, finding that she was not a qualified person with a disability as defined under the law. That court concluded that the plaintiff had no current medical issue, was not regarded as disabled by the State Department, and had no record of an impairment because her cancer surgery and recovery involved only several weeks. The D.C. Circuit reversed, concluding that the plaintiff had a record of an impairment of a major life activity.

In drawing this conclusion, the D.C. Circuit pointed to testimony from the plaintiff describing the impact of the surgery and follow-up care on her libido and sex life. She noted a fear of rejection based upon the surgery, as well as the side effects of anti-estrogen medication used as follow-up treatment. The court had no problem classifying sexual activity as a major life activity, even if the purpose of the activity is not related to reproduction. The fact that the employer had no idea of the plaintiff’s sexual impairment at the time it made its decision is irrelevant to the question of coverage under the law.

The above article originally appeared on the Employment Law Alliance site http://www.employmentlawalliance.com/en/node/2406.

Expanded definitions of coverage under the ADA, makes it more important than ever for employers to consult with employment law specialists prior to making employment decisions that involve workers who may or may not be covered. Although an employee may not come right out and say that they are experiencing problems in the sexual arena, there are so many conditions that can have this effect such as depression (even a mild case), hysterectomy, anxiety, stress, high blood pressure or certain medications just to name a few.

If you are facing a tricky employee discipline or termination, call today for a free consultation. 816-858-7300.