It’s a litigious world out there, and your employees know it’s biased in their favor. If you haven’t been sued, or been blackmailed (my word for what some attorneys do) by a former employee’s attorney, it is only a matter of time; and it doesn’t matter whether you have one or dozens of employees. Recent laws are not written in your favor, and you are automatically the bad guy to begin with! So how do you conduct business such that you minimize the threat of employee lawsuits? Is there another answer other than a bigger insurance policy? Here are a few ideas that may give you some hope.

JOB DESCRIPTION
You need a complete and comprehensive job description for each employee position, even if you are hiring only one employee. A job description spells out in detail exactly what you expect of an employee in that position; then sets forth the education, training, or experience the applicant needs to bring to the position. Yes, within reason you can spell out dress, work hours, break times, and even what the employee says. (For example, you could require your employee to cheerfully greet customers.) There really are few material boundaries so long as you define the scope of the job in the Job Description. Of course you must follow the laws of our country, your state, city, county, township, and the guy on the street corner, and if you miss one, it’s your fault.

So how do you go about writing a great Job Description? There are off-the-shelf software packages you could use, or you could write your own; but I wouldn’t recommend either one. Software packages are only as up-to-date as the last release and may not be legal in your state, etc. Your job is to run the firm, not develop policies, so I suggest you talk with one of the new Human Relations firms springing up these days. Check the phone book and the Internet. Many of these firms will take your requirements and write a description that will hold up under pressure. Some even have on-board attorneys versed in the laws of your state to make sure all bases are covered. Some will do it ALL for you. (Hint for you HR firms, think small!) Expensive? Not if you reduce chances of losing your business because of an employee lawsuit! Be sure to have YOUR attorney give an okay regardless of who writes the descriptions.

POLICIES AND PROCEDURES
The second item you need is an Employee Handbook. You need an employee handbook to define employee behavior, and state clearly how the employee is evaluated promoted, and/or terminated. For example, you can spell out how many ‘tardy’ hours an employee can accumulate before being docked in pay or terminated. You can spell out when vacations cannot be taken (for example, a seasonal business). You can require front-line employees to greet customers with: “Hello! Welcome to XYZ! Is this your first visit to our store?” You can state the position in your firm (for example yourself as CEO) in charge of informing employees of their rights under FMLA (Family Medical Leave Act), and how they can address complaints. You can state that an initial and periodic background check could be performed (as in the case of a guard). It also has to tell the employee what rights they have. Again, this is not a booklet you can write, so look for a Human Relations firm with an attorney.

OTHER HURDLES TO JUMP
There are more ‘other’ rules than you can imagine, and just because you don’t know them doesn’t mean you are not responsible for them. Your employee may not have to live under the rules, but you must. Consider one of the courses offered by the new groups of Human Relations Firms to learn what it is you are required to know and do.!”

FOLLOW YOUR OWN RULES
You MUST follow your own rules! You cannot make exceptions for an employee without another saying, “But you did it for Joe? Why can’t you do it for me?” If you absolutely have to make an exception, talk with your attorney first. Don’t end up having to say, “That WAS my business.”

(NOTE TO EDITORS: PLEASE INCLUDE THE FOLLOWING.)
Paul Tulenko is an International Small Business Success Consultant based in New Mexico, USA. Additional tips and suggestions are available at www.tulenko.com or call (toll-free) 1-866-TULENKO.