Texas Business Today, Spring 2000 Page: 3
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revise and update existing employee handbooks. All out-
dated procedures and policies need to be revamped and
redrafted. It can also be a very worthwhile investment of
time and money to consult with private legal counsel to
make sure that your policies are in compliance with cur-
rent law. You may also wish to datestamp any updates or
new policies to make sure that all of your employees are
aware of and following the newest provisions. You may
also want to collect and dispose ofoutdated employee policy
handbooks to avoid misapplication or confusion about cur-
rent company rules and regulations.
Many employers choose to put their handbooks in three-
ring binders. That way, when changes, updates or revi-
sions are made, it's very easy to remove the old pages
and substitute the newest, most up-to-date version of
the handbook.
It is also critical that new and updated policies are distrib-
uted to and acknowledged by all employees in a system-
atic fashion. Just as with the initial distribution of the
handbook, a mechanism needs to be established and fol-
lowed for all updates and changes, including requiring a
signed acknowledgement that the distribution was made.
Your managers need to know that they do not have
the authority to make any statements that sound like
promises or policy amendments to your employees
...you may end up paying for those promises.
Consistently Enforcing Your Policy Handbook
To get the full benefit of well drafted, widely distrib-
uted and carefully updated policies and procedures, it
is imperative that they are consistently applied and
enforced. To do otherwise is to invite allegations of dis-
crimination under state or federal law.
This is an area where managerial training and consis-
tency is especially important. For example, the land-
mark sexual harassment cases of 1998 made it very clearthat an employer can - and will - be held liable for the
discriminatory, harassing acts of its managers. Not only
do your managers need to receive adequate training in
what your policies say, they need to act in compliance
with those policies, every time, with everybody - even with
their favorite employees who sometimes "bend the rules."
It is also very important to make it clear to your manag-
ers/supervisors and all other employees who has (and
doesn't have) the authority to amend your policies. Your
managers need to know that they do not have the au-
thority to make any statements that sound like prom-
ises or policy amendments to your employees; otherwise,
you may end up paying for those promises.
Conclusion
While no policy handbook or manual is going to be per-
fect, if well done, it may very well protect you in some
extremely tricky situations. It is simply not humanly
possible to address every single issue that can arise dur-
ing the course of the employer/employee relationship.
And, new issues are constantly developing that require
employers to revise their handbooks to ensure that they
continue to be in compliance with the law. However,
deciding matters on a day by day basis with no thought
to consistency, legality or fairness is simply not an op-
tion in the 21" Century. If your handbook is well re-
searched, clearly written, regularly updated and
consistently enforced, it is still one of the best tools you
have at your disposal.
The bottom line with policies is simply this: make them
as clear, straightforward and easy to understand as pos-
sible. Carefully evaluate, widely disseminate, and thor-
oughly explain what it is you expect from your
employees and what you simply won't tolerate. Develop
policies that you can live with every time, with every-
body. In this complicated and litigious era, you may well
find that your policy handbook is your best offense and
quite often the only defense in a world that often seems
increasingly hostile to employers.
Renee M. Miller
Attorney at Law3
prIngI
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Texas Workforce Commission. Office of the Commissioner Representing Employers. Texas Business Today, Spring 2000, periodical, Spring 2000; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1624079/m1/3/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.