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Policies / Handbooks

Breaching employment contract can nullify noncompete clause

07/01/2006

The best way to protect against employee poaching—and against employees using your organization as a training ground to start their own competing firm—is with a solid employment contract and noncompete agreement. But it will mean nothing if you break the agreement first …

‘Ministerial exception’ isn’t free pass for religious groups to discriminate

07/01/2006

If your organization is a religious institution, you may not have adopted anti-discrimination policies or practices because you think you can rely on the “ministerial exception.” But, as a new case shows, that may not always be the case …

Boycott effort at ExxonMobil could alter policies on gay workers

07/01/2006

ExxonMobil has earned the wrath of many for reaping record profits while gasoline prices run so high. Now the oil giant is facing a boycott—not from angry motorists but from gay rights groups …

Identity theft: How far must you go to protect workers’ data?

07/01/2006

The federal Fair and Accurate Credit Transaction Act (FACTA) of 2003 says businesses that negligently or purposely allow employees’ or customers’ personally identifiable data to fall into the wrong hands can face fines of up to $2,500 per infraction …

Don’t tolerate employees’ abuse of union rights

07/01/2006

Q. One of our employees (a bus driver) also serves as a committee member for a labor union. The driver uses his union position to protect himself from our company’s policy on insubordination. Does management have a right to ban this employee from the property when he conducts labor business because of his combative, disrespectful and intimidating manner? What rights does management have under this circumstance? —S. G., Florida

Tighten I-9 practices in advance of new legislation

06/01/2006

While Congress tries to hammer out the biggest immigration law changes in decades, Homeland Security is already cracking down. These developments will likely add new responsibilities and risks to your I-9 and visa practices …

Set rules on personal use of company cars

06/01/2006

During his lunch break, an employee at a California car dealership drove a company car on a personal errand. He rear-ended another car and injured the driver, who sued the car dealership and won $277,662 in damages. The dealership’s handbook offered no specifics regarding personal use of company property …

FMLA absence shouldn’t trigger attendance penalty

06/01/2006

Q. We have a point system for absences and lateness. Our no-fault attendance policy states that if employees call off after the start of their shift, they’ll receive two points. What if the reason for the absence is covered by the FMLA? Should the employee still receive the two points? —C.S., Florida

Fire employee for positive cocaine test

06/01/2006

Q. We are a small but growing construction company, and we don’t have formal policies in place. Recently, one of our employees was involved in an accident at a construction site. This is his third accident. After the second time, we had him sign a warning notice that said he’d be terminated if it happened again. We sent him for drug testing after this third accident and he came back positive for cocaine. We want to terminate him. But we suspended another worker who tested positive for marijuana. Can we fire him? —B.O., Pennsylvania

Rid handbooks of risky outdated policies

06/01/2006

If it’s been awhile since the last overhaul of your employee handbook, you may be courting danger. Establish a regular revision schedule for your handbook, updating it once a year or whenever significant statutory changes occur …