Blog

An Employee Handbook is one of the essential services that Workforce Solutions provides to our clients. Beyond the legal basics of an employee handbook, we make sure to implement the best practices to avoid employee relations problems and as a defense in or to litigation. This aspect of the employee handbook may be more art than science, and there are varying schools of thought about the best way to use the handbook as a defensive tool. In any event, our clients benefit from an up-to-date handbook that protects both Workforce Solutions, Inc. and our clients from employment litigation.

Our Employee Handbooks are broken down into three basic sections. The first section of an employee handbook should discuss general considerations, the second section discusses the unique issues to the Workforce Solutions, Inc. and Client relationship, and the final section addresses specific policies and provisions common to most handbooks.

Here are some  points to remember when creating your Employee Handbook:

• Make it Readable and Understandable
• Keep it Current
• Contract Disclaimer Language
• At-Will Statement
• Open Door Policy
• EEO Policy
• Disability Accommodation Policy
• Harassment Policy
• FMLA and Other Leave Policies
• Introductory Period
• Vacation Pay
• Drug Testing
• Smoking
• Attendance
• Pay Schedule, Deductions, and Errors in Pay
• Electronic Device Policies
• Intellectual Property
• Computer Access and Monitoring Policies
• Non-Fraternization Policy
• Conflicts of Interest
• Workplace Violence Policy
• Standards of Conduct
• Discipline and Discharge

Proof that an employee received the handbook often is critical when legal disputes arise. A handbook acknowledgment form should include language that the employee received the handbook, read it or will read it, and agrees to comply with the policies set fort in it. The acknowledgment should also include that at-will statement and reminder that the handbook is not an employment contract. A new handbook acknowledgment form should be signed any time the handbook is reissued in whole or in part.

As a client of Workforce Solutions, Inc. we are happy to review and or make changes to your employee handbook at anytime. Please contact your Client Services Representative for help with review of your Employee Handbook.

To further prove that immigration reform is still on the front burner, Immigration and Customs Enforcement announced its plan to implement a nationwide audit of employer I-9s.

ICE announced that it’s drawing up  Notices of Inspection to review the I-9 records of 652 employers — names not released yet. In some instances, the notices will include subpoenas for records such as

1. quarterly wage reports
2. EINs
3. business licenses
4. correspondence from Social Security Administration regarding no-match letters, and
5. payroll data.

Employers whose I-9-related records don’t pass muster with ICE will then receive Notices of Intent to Fine.  Also in the announcement, ICE officials said the audit is just a “first step,” so employers probably can expect more audits and inspections.

What happens if you’re contacted for an audit? Make sure you know:

• The name and contact information of company legal counsel. If the company’s legal counsel is not in-house, there should be written instructions for personnel to contact outside counsel immediately.
• Who, in HR or otherwise, will be the the company’s representative for the ICE investigation or audit. You’ll want all communication with ICE channeled through that person to avoid redundancy or contradictions in information. If you are a client of Workforce Solutions, Inc. we provide this service for you.
• The names of company managers who should be informed of an ICE investigation or audit.

And keep in mind:

• An investigator may contact you and ask for an interview, but you have the right to refer the investigator to an attorney.
• An investigator has no right to files and records without a search warrant or subpoena.
• Once you’re informed of an intent to investigate, take special care to secure all related records. Destruction or loss of records after notification could be seen as an attempt to destroy evidence or sabotage the investigation.

Clients of Workforce Solutions, Inc. should notify our corporate office immediately if their client company is contacted for an audit. This is a free service that Workforce Solutions, Inc provides for all our clients. 

The benefits of aligning your company with a PEO, or professional employer organization like Workforce Solutions, Inc. are many, and allow a business owner or CEO to focus on their core competencies to save time, increase profitability, control cost and reduce risk. Having a PEO, though initially seeming like a dispensable cost, is actually something that most business would be remiss to do without.
The biggest benefit to employers who choose to use a Professional Employer Organization company is the fact that they may not have to staff and maintain several departments in their company. By working together with a PEO, client companies will not have to worry about having a human resources department who takes care of scheduling, benefits, and employee complaints. They also will need a much smaller accounting department, if they even need one at all. This is because they do not have a payroll department to deal with in their accounting department. Other accounting tasks, such as taxes, bookkeeping, can often quite easily be outsourced at a much more affordable rate.

“Workforce Solutions enables companies to cost-effectively outsource the management of human resources, employee benefits, payroll, and workers’ compensation. Using the best web based Human Resource Information System, Workforce Solutions helps clients focus on their core competencies to save time, increase profitability, control cost, and reduce risk”

Heads up: If your firm has hourly employees who work through lunch or break periods, you could be at risk of being force-fed the lawsuit du jour.

In recent years, several state supreme courts have  ruled that employers can be held liable for up to four years of back pay and/or overtime for violations of  mandatory breaks. Ever since, there’s been a wave of employee lawyers around the country looking to cash in.

Two key steps for avoiding trouble:

1. verify your state laws on mandatory lunch and/or rest breaks, call Workforce Solutions Inc for a review of your employees
2. remind supervisors to insist non-exempt employees take their breaks, even if the employee says he or she wants to skip them.

It can be quite a painful fact that many managers, when faced with having to fire someone, forget, or are unaware of the emotions that are experienced by the person being fired. Nor are they usually aware of the behavior that most often results from these emotions. It has been well documented that the death of a loved one, a marriage or long term relationship breakup and the loss of one’s job, have an equal and similar impact on one’s emotions — and life. Think for a moment about the loss of one of your dear relatives or friends through death — how did you feel? That’s exactly the same feeling that people have when they suddenly and unexpectedly lose their jobs.
One factor that is often overlooked when firing someone, is that the way it is done can have as much impact (positive or negative) on the people who remain. They will be watching (and will invariably get a first hand report from their colleague) about how well or otherwise the process was managed. The people who remain in the organization, and whom I assume you want to keep, get a good look at both the manager’s and the organization’s real people management skills when under the stress of firing someone. They’ll most certainly ask "Could this happen to me?"
When a client company partners with a PEO, like Workforce Solutions, Inc., they gain valuable access to our in-house legal council to help them through the firing process. Workforce Solutions, Inc. helps our clients by coaching them and providing them with the needed resources and will even conduct the firing process.