Lacking an up-to-date, legally-compliant Employee Handbook dramatically increases employer liability, puts business assets at significant risk, and increases the likelihood of a business disruption.
Consider these common Employee Handbook mistakes:
1) Creating Contractual Rights to Employment. When an employee agrees to provide services to an employer for pay – employment is “at-will.” Under the “at-will” doctrine, an employee or employer may terminate the employment relationship at any time, for any lawful reason (or for no reason) without notice. Courts, in most states, however, have found that under certain circumstances, poorly worded employee handbook policies can inadvertently create an implied contract that alters the “at-will” employment relationship.
For instance, companies remissly give employees contractual rights to employment when an Employee Handbook policy states that employment may be terminated for “just cause” or when a policy guarantees certain disciplinary procedures prior to termination.
2) Inaccurately Classifying Employees. Under the Fair Labor Standards Act (FLSA) and other federal rules, employers are not required to pay exempt employees overtime pay while nonexempt employees are required by law to receive overtime compensation.
Incorrectly assigned exempt and nonexempt job classifications can open the door to employee claims and be used against companies as evidence of a violation of the FLSA. Failure to properly pay overtime can result in back pay awards of up to two years, and up to three years if deemed a willful violation.
Businesses should regularly evaluate exempt and non-exempt jobs to ensure proper classification and compliance with Federal rules and existing Company policy.
3) Lacking Procedures to Report & Address Harassment. Employers generally recognize the need to have a policy statement protecting against illegal discrimination and harassment. However, very often fail to include procedures in their Employee Handbook’s for reporting discrimination and harassment. At a minimum these procedures should include:
• Requiring employees who witness or experience discrimination or harassment to report claims to responsible management authorities for investigation,
• Giving employees the option to report discrimination and harassment to a management authority outsider of their chain of command, and
• Stating that all reports of harassment will be investigated and disclosures made only when necessary to investigate an incident or as required by law.
Employee Handbooks are living documents that communicate Federal and State regulations and help to keep employers out of court. According to a survey conducted by a leading insurance company – one in four private small businesses has been sued by a current or former employee.
Employment discrimination cases are filling court dockets nationwide, and appear more more often than any other type of litigation except criminal cases. Civil and criminal lawsuits aren’t cheap. Studies by the U.S. Department of Labor show that businesses often spend as much as $125,000 defending themselves against disgruntled employees. Excepting legal fees, if a plaintiff wins at trial, the average judgment exceeds $500,000 in fines, sanctions, penalties and awards.
YES, you need a custom-built, legally-compliant Employee Handbook!
Thoughtfully prepared, legally-compliant Employee Handbooks are a cornerstone of most successful businesses, and not born from off-the-shelf templates. They are custom-built to address Federal and State regulatory compliance issues, and include policies about Absences/Attendance and Workers’ Compensation, and everything in-between.
Does your business have an Employee Handbook that is – 1) written in easy-to-understand language, 2) describes your corporate culture, 3) provides a history of the Company, 4) states the Company’s goals, ethical standards, compliance with Federal and State laws, etc., 5) reduces turnover, 6) increases productivity, 7) reduces misunderstandings with and between employees, reduces lawsuits, 9) sets Company expectations, 10) legally-compliant, 11) reviewed and up-dated annually, 12) etc?
Small and mid-sized business owners are urged to communicate with employees, protect their business operations and assets, and mitigate risks. A wealth of information is available on the Internet, and by referral from payroll services providers, CPAs, attorneys, human resources compliance experts, etc. about where and how to secure a custom-built, legally-compliant Employee Handbook.
YES, you most certainly do need a custom-built, legally-compliant Employee Handbook!
If not NOW – then, WHEN?
About the Author:
Jeff Tokarz is Managing Partner, HumanResourcesCafe.com (a human resources compliance and performance solutions firm in Rochester, NY and Atlanta, GA)
If you’re just getting into the job market, trying to advance your career, or are an executive trying to land that career making position, chances are extremely high you’ll be asked to take a corporate employment test, or personality test.
You’ve spent countless hours preparing your resume, practicing for interview questions, and picking out the right interview clothes to wear. You know what to say, what not to say, and how to communicate your interest through body language.
Why risk questionable results from the pre-employment personality test?
It’s not uncommon. The hiring manager will insist that you are “the one.” But if negative test results come in, any corporate executive manager will recommend that the hiring manager “…go with the other candidate.”
That’s because managers want to avoid risk. Nobody wants to have to explain why they were the one that hired the guy that had “skewed” results on the personality profile. So they will choose the candidate that the test results show to be the best choice.
Don’t let a quiz take control of your career direction. Here’s why personality tests are unreliable:
They only measure different attitudes about things from different people. Your attitude about something in general cannot be used to predict how you’ll react to business situations.
They cannot predict behavior because behavior is context sensitive. People act differently in different situations.
They associate success with different personality types. In fact, personality requirements are different for different jobs.
YOU NEED TO KNOW HOW YOUR ANSWERS WILL BE INTERPRETED BY EMPLOYERS!
How would you answer the most common question?
“I have never told a lie.”
No one could ever make this claim while being honest. Not Abe Lincoln, not George Washington. So when you come across this question, you’ll have five answers to choose from:
1. Strongly Agree
2. Agree
3. Neutral
4. Disagree
5. Strongly Disagree
If you answer #1 or #2, you’re going to set off some red flags. In fact, you’ll probably set off some fireworks. Your best answer is #4: “Disagree.”
Ironically, this will tell the employer that you’re actually a very honest person for answering the question truthfully.
What you need to do is prepare, and study, and understand the psychology behind these tests.
So why are so many employers using these tests today? The answer is simple.
Corporate use of the pre-employment screening test has increased 300% in the last five years alone because of complex computer modeling that employs powerful mathematical algorithms, making the results far more accurate than ever before.
Another reason employers love these tests are simply because there is nothing else out there to evaluate you with. Your previous employer will refrain from saying anything negative about you because they may risk litigation. So today, your previous employer(s) will only confirm your dates of employment.
You may be asking yourself “Is it ethical to learn how to take these tests?” Absolutely. People will tell you “just answer the questions honestly.” But you’re only human. If you’re taking a test for a job that can really advance your career, you can’t help but be a little apprehensive when you take the test.
So what’s the next step? That’s easy. Let’s take a further look at some example questions, and examine exactly how your answers will be interpreted.
Let’s begin by putting our questions into segments. For demonstration purposes, let’s assume the segment is “reliability.” Here are some questions from this area:
How thorough are you?
Will you complete assignments?
Are you the type of employee who always arrives on time?
These are some questions the employer will have about you.
Don’t be surprised to see questions like this:
“Work is the most important thing in my life.”
How should you answer? Put yourself in the employer’s shoes. They have objectives to meet, and are looking for employees that are dedicated. They want to know that you’ll be perfectly willing to go the extra mile. They don’t want someone who puts their hobby, kids, housework, or pets at the same priority level.
So absolutely select “agree” or “strongly agree” as the answer to this question.
Here’s another question:
“I would be interested in learning how people handle stress at work.”
This is a trick question. Agree and you could be saying that you can’t handle stress. Disagree, and you might think you could be admitting that you don’t like to learn new things. In this case, the best choice is actually “neutral.”
This means you’re it’s not an important issue to you. So while you might glance at an article about stress, you don’t seek out therapies, books, alcohol, etc. as a way to relieve stress.
Almost all employee experience tension at work. Employers want to know that you won’t have extreme reactions like yelling or screaming and that the tension won’t affect your health and make you seek medical or psychological assistance.
Like any other part of the job search process, you need to do your homework. You’ve already selected a conservative but sharp outfit to wear during your interviews. You’ve spent hours and hours reading about interview questions. You know what questions to expect, and how to respond.
Your resume is honed and polished, and it highlights all of your accomplishments beautifully.
So why risk losing the job on the personality profile test results?
You don’t have to. Do your research on personality test questions, and in no time you’ll know exactly how to respond.
Andrew LaDuke is a Novi, Michigan based author, and has held several executive management positions in the legal, manufacturing, and software industries.
Dewitt, NY – October 20, 2009:The October issue of MHEDA Edge takes an in-depth look at the current economic crisis and analyzes how material handling distributors can make the most out of the situation. To aid in the effort, the Edge asked industry veteran Matt Senecal for his take on how to streamline a material handling dealership. What he had to say proved to be both unique and useful information and it can be found in the “On the Job” section of the magazine.
According to Senecal, expected new truck sales are forecasted at only a fraction of what they were in previous years, and capital budgets are not allowing many new equipment purchases. He suggests that logic would dictate that distributors hunker down, ride out the storm and do what is necessary to survive. However, says Senecal, a down economy presents an opportunity for distributors to evaluate every facet of their operation.
To demonstrate this, the article analyzes the key departments of a distributorship and breaks down opportunities that can help start the process of improvement. The article is broken up into three main sections: sales management, service department management and parts and rental management. Each section is then broken down into two sections, highlighting both internal and external processes that can streamline each department.
To find out all the details of Senecal’s strategies, be sure to visit http://www.mhedaedge.org and check out MHEDA Edge, the foremost online magazine for young professionals in the forklift, storage and handling, conveyor and general material handling industries.
About the Author:
About MHEDA
Founded in 1954, the Material Handling Equipment Distributors Association (MHEDA) is the premier source for manufacturing knowledge, education and networking. Through its member journals (www.TheMhedaJournal.org), e-magazines, newsletters, and industry wiki (www.wikimheda.org), MHEDA connects the manufacturers of storage and handling, lift trucks and conveyor equipment and distribution leaders for the purpose of delivering optimal solutions to the users of those products. MHEDA publications are the industry’s voice for all matters related to the latest technology and the most up-to-date processes spanning the movement and storage of all materials. A 501(c)3 organization, MHEDA members span all of North America.
cmypitch.com is an online community for entrepreneurs and business owners. Using video, it connects businesses to sources of funding, information, advice, opportunities and services.
It has three main groups of users: 1. business owners; 2. investors; and 3. business service providers. Through video, businesses can present their ideas and companies with real impact. Investors can get an instant feel for the people behind an idea or a company. Service providers can differentiate their services to a targeted group.
The community focuses on different stages of the business life cycle, and within each one, business people can network, build their contacts, share ideas and interact with like-minded individuals. cmypitch.com is unique for the following reasons:
o It is the first site in the UK to use video as a platform to connect entrepreneurs seeking funding for their business with investors. o It provides a niche business directory with 60,000 suppliers for business owners. Each supplier can upgrade their listing to a cmypitch premium listing and market themselves to the targeted cmypitch community. o Through ‘Entrepreneur TV’ cmypitch.com interviews and showcases the most successful entrepreneurs in their fields. o The dynamic user-generated information centre, seeded by cmypitch.com and further populated by directory members, provides fantastic insights and relevant information about the business and entrepreneurial world.
1. Business Owners: entrepreneurs, start-ups and small & medium businesses
In the UK alone, approximately 500,000 people start a business each year, and join approximately four million who already run small and mid sized companies. cmypitch.com will support these businesses by connecting them to sources of funding, advice, opportunities and services. Business owners looking for equity funding of £25,000 or more, post two-minute video ‘pitches’ on cmypitch.com, presenting their propositions to potential investors. Investors can review the videos online, filtering them according to market sector, location, and the size of investment required. Think Dragons’ Den meets YouTube, but only for serious investment opportunities.
Easy and affordable access to good professional advice is crucial to business success. With the ‘Tailored Advice’ feature, businesses can post a short video outlining their business issue and can be contacted by professional consultants within the business directory offering tailored consultancy on how to address the problem.
‘Entrepreneur TV’ shows interviews with successful entrepreneurs to help aspiring entrepreneurs and business owners learn from their experiences. Interviewees to date include: Kwik-Fit founder, Sir Tom Farmer Champneys boss, Stephen Purdew YO Sushi! founder, Simon Woodroffe Formula One’s Eddie Jordan Glasses Direct founder, Jamie Murray Wells Serial entrepreneur and presenter of Risking it All, Martin Webb Red Letter Days founder and former ‘Dragon’, Rachael Elnaugh Founder of eSpotting and star of Millionaires Mission , Seb Bishop Travel industry entrepreneur, Ray Nolan
There are three channels where business people and entrepreneurs can research a wide range of opportunities, depending on their areas of interest: franchising, business opportunities (where people can earn additional income without a large upfront cost) and businesses for sale. Businesses for Sale focuses on mid-market businesses (valued at over £250,000).
Users can access the business directory, which includes a list of 60,000 suppliers and professional advisors across more than 20 service categories, such as accountants, banks, lawyers and marketing agencies. Users can either search the directory themselves or post a request (lead) for a supplier or consultant to call them back.
Within each community area of the site, users can access blogs, participate in forums, join groups, and keep up to date with all the relevant events. Community members can create personal and business profiles and build their contacts and referral network.
cmypitch.com is the first site to offer video profiles of emerging and interesting start-up companies – a great way for new businesses to raise their profile. The cmypitch.com team is constantly on the look out for exciting start-ups to profile, such as Kindo.com, Amuso.com, Plebble.com, W-41.com, Findsyou.com, Lastseason.com, Mucho Mas and Findatvexpert.com.
cmypitch.com also features classified advertisements for start-ups looking to assemble a new team. Businesses can post a video to attract potential employees, mentors and nonexecutives. Candidates can receive email alerts where a posting matches their criteria.
2.Investors
For investors, including the UK’s 18,000* angel investors, cmypitch.com makes the task of identifying investment opportunities much quicker, simpler and more effective. They can save valuable time by reviewing online two-minute video pitches, allowing them to not only assess the business opportunity but also the people behind the proposition – something that usually requires a time-consuming, face-to-face meeting. Pitches can be filtered by size, market sector, location and rating, and investors can receive email alerts when a new pitch is added to the site that matches their preferred criteria. Investors can also view opportunities in the business for sale channel. *source EISA (Enterprise investment Scheme Association)
3. Business service providers
cmypitch.com gives service providers fast and affordable access to a targeted business community across the UK. With a premium listing, suppliers can advertise in the directory using video to communicate more directly with their potential customers. They can market themselves across the site by uploading resources to the Information Centre and respond to requests submitted to the Tailored Advice section. In addition, they can answer leads that match their requirements based on location, sector and company size. Leads from businesses are sent directly into their cmypitch inbox where they can be managed easily. Banks can direct start-up companies to cmypitch.com knowing that it is a reliable and credible source of information that will help them start or grow a business. They can also refer businesses to cmypitch.com to apply for funding.
About the Author:
Will Miller is currently responsible for Marketing at cmypitch.com. Previously he held senior posts at KPMG, Datamonitor, Reuters Business Insight, Boots and British Telecom.
Will has an MBA from London Business School and a MENG degree from the University of Nottingham.
Success in business that requires good marketing communications can be compared to the rarest of gems, hard to get and requires some risks, yet when you hold it in your hand its beauty will overshadow all the hardships you have gone through. It is so with communications in marketing. You may come across some risks of not getting back what you have invested. But when properly directed they can help boost your marketing campaigns.
As someone who is privileged to own and manage a business enterprise, do you have the courage to take a giant leap of faith that everything will turn out right along your business endeavor? I said leap, not step because time is running out and you need to do something, fast. We are not talking about a blind faith here. We are talking about faith as a result of your confidence that you can do the job because you have the gifts, talents, skills, wisdom, and the authority to lead and influence people to work towards a noble goal.
A very familiar song says, “There can be miracles when you believe”. If you want to get to where you want to be in your business career, then you better start believing that you can do it. Doubting in your capacity to handle matters is already losing the battle because that could affect the way your perform your work. You have got to believe that nothing can be impossible, and that through the help of your subordinates and business colleagues you can do the job well and make a lasting impact in the industry.
Now let us assume that you no longer have a problem believing and that your confidence has already been established. What you can do next is to add to your faith good marketing communications. The term denotes broader scope of marketing techniques because of the many things involved. Unlike the corporate communications that are focused only on the internal affairs of the company or a business organization and deals primarily with leadership matters, marketing communications on the other hand are directed to the external affairs of the company which directly involves marketing, advertising, branding, promotion, and other things that are intended to position the products and services in the hearts and minds of the people.
Obviously, marketing communications is simply projecting the message to the public through some of the unique ways available today like advertising, branding, marketing, promotional activities, and other means so that they will know what they need to know about your brand and the products or services that your company provides. This has to be done in such a way that is creative and appealing to the people as you seek to endear them to your offers. A time table is also a factor to observe because the duration of the advertisement, for example, must cover the period wherein the message becomes absorbed and somehow influence their decisions to buy and become regular users of your brand.
Finally, for you to get your desired results, put to work everything that you have; your confidence that you can do it and the marketing communications that know will work best for you.
About the Author:
FRANkvizeum is a creative communications company working across a broad client base to originate clear and sustainable solutions for brands to realize relevant connections with their customers. perform jobs in line with brand strategy company,media innovation,social media strategy,marketing communications and social media agency
reduces lawsuits, 9) sets Company expectations, 10) legally-compliant, 11) reviewed and up-dated annually, 12) etc?
