Today’s employers have an increasingly regulated and overly litigious landscape to navigate in managing their workplace. The continued growth of federal, state, and even local regulatory protections for employees, coupled with an overabundance of lawyers, has made virtually every workplace decision a potential lawsuit.
Most large employers have experienced, professional human resource staffs to enforce comprehensive and up-to-date employment policies usually contained in an employee handbook. They also often have the support of in-house or outside legal counsel to help with the more difficult decisions. But what about the small-or medium-sized employers who generally don’t have a human resources department and where most decisions regarding employees are made by the owner or plant manager? While some guidance and best practices are often available through their industry or business associations, their potential exposure to legal challenges on employee-related decisions remains significant. However, by implementing or updating as needed, and consistently enforcing five practical and well-known workplace policies, most employers can dramatically decrease the potential that a workplace decision involving an employee will result in a successful legal challenge. These policies should ideally be contained in a more comprehensive employee handbook if possible. The five “must have” policies and how they provide protection are discussed below.