HOUSTON BUSINESS REVIEW

CYA: GET YOUR EMPLOYEES ON THE “GOOD FOOT”
By Shahara Wright

Shahara D. Wright, Business Law Attorney, "Serving businesses from start-up through expansion". You can cantact her by: calling her at (281) 980-2040, sending her an e-mail or visiting her website. For more information concerning Shahara Wright click here

. One of the major things that I discuss with my client is ensuring that their workers have a clear understanding of their duties and responsibilities at work. Often times, as small business owners, employers fail to provide such information to their employees. Job descriptions are a good way to provide written information to employees about what you expect from them. This is essential when performance is not in alliance with your expectations. This will assist with cutting down on legal problems latter on when you may have to discipline or fire your employee because of low performance.

In addition, as an employer you want to take the time to obtain an employment manual that sets out the parameters of the work relationship. An employment manual provides information such as work schedules, information on benefits, holidays, paydays and sick days, and can also provide sexual harassment policies, and workplace violence policies. I often recommend that my clients have such manuals in place to ensure that the employees understand how the company is run.

When I have prepared employment manuals for my clients, they are quite surprised by the reaction that they receive when provided the information. Employees are generally well receptive to the manuals and are happy that their company cares enough to take the time to answer questions in writing. Generally when implementing employment manuals, clients will offer a training that helps their employees understand the information presented in the manual as well as understand how to use the manual in a way that is beneficial to the company as well as the employee.

Now you may think what that has to do with legal matters. Well, many times companies are doomed by employee relations. EEOC claims and lawsuits follow when disgruntled employees leave the company. Having a sexual harassment policy shows that as a company you are interested in the welfare of your employees and will not tolerate such an environment. Having an e-mail policy provides permission and understanding that as an employer, you will, from time to time, monitor your employee’s e-mail practices. This cuts down on those inappropriate office e-mails and online shopping at work.

Last but not lease, having an arbitration policy with your employees can allow the company to save money by not having a legal battle that lasts for years. In those policies you can agree upfront on what costs each party will pay and how the arbitrators will be picked and where the arbitration will be held.

While an employment manual is not a contract between an employer and employee (you must make that clear), it does provide guidelines that must be adhered to by both the employer and the employee. Be sure to have an attorney prepare or review your manual so that you will not unwittingly cast a litigation shadow on your company in years to come.

Nothing in this article is intended as legal advice and you should consult an attorney before making any decisions.