Why employee manuals are so important
How many of you remember getting hired and being given some 10 to 100 page manual that you are suppose to read and then sign indicating that you understand what you read????
A lot of you should have raised your hands. I can confidently say that one of the single most boring activities has to be the reading employee manuals. Most of us when we start our jobs are so happy to be working that we barely even skim the pages and go RIGHT to the page where it says sign. In some cases, we don’t even know where the employee manual is after we signed it.
Unfortunately, in too many instances, when something crazy jumps off at our work place, the best tool for identifying your rights is that employee manual.
Now, that may do nothing for you if you are in a tough situation but here are a few things you should think about:
1) When you get hired
Read! Read! Read! I know it’s boring and I know you feel it’s a waste of your time but TAKE the opportunity to read the employee manual. This way, you are up to speed on what you are entitled and your job rights.
2) What should you be looking for?
You definitely want to focus on any grievance procedure and disciplinary protocol. You want to know what you need to do if you are contesting your discipline or what the grounds are for disciplining you.
3) What if they don’t have one?
Some employers may not have an employee handbook or policy manual. In some states, they may not be required to have one so don’t be surprised if they don’t.
4) While you’re working
Ask your employer if they have periodically updated the employee manual. If they don’t have one, ask if they intend produce one. More importantly, if you receive updates from your employer regarding Human Resource policies and procedures, READ! READ! READ!
5) When something goes bad
Here’s where most people are interested. And this situation can sometimes be delicate. If you are unsure about your rights, don’t be afraid to ask to review the employee manual. If you are still tentative about going to your supervisor, go speak to Human Resources and ask for a copy (Or at least a review).
The employee manual (if your employer has one) is a valuable tool that can be your best friend and ally in situations involving your employment. Don’t be school to check to see if your rights are violated. If you don’t, no one else will.
Employment cases – think about ALL sides!
In this day of litgation and uncertainty in the workplace, so many people are finding themselves in the unenviable position of having to seek legal recourse in an attempt to seek justice for unfair employment practices. However, employees sometimes don’t know exactly how strong their cases are or even if they have a course of action to take.
In an attempt to provide some feedback to help those who are faced with the challenge of deciding whether to pursue legal action in an unfair employment case, here’s a few tips for you:
1) Contrary to popular belief, you DON’T know what information the employer has about you. When employees seek legal advice or report their concerns to an agency, they typically only have THEIR side of the story. In this day and age, employers typically keep detailed notes and files on every employee. I’m not saying that every employer is perfect. Sometimes, employers slip and don’t take all the necessary steps to cover themselves. Just don’t go into this thinking that you have all of the ammunition on YOUR side. You have to remember that their may be employment records about you as well.
2) There is RARELY a smoking GUN! I’m not living in a fantasy world so I realize that even during the OBAMA era, racism and discrimination is still alive and well. I spoke with an attorney who told me ‘just last year in 2008′ about an incident where an employee was working in a factory where the employees would regularly call him the “N” word and leave hangman nooses at his work station. Clearly, this situation is clear cut discrimination at its worse. However, most situations are not this clear cut. In most instances, you’re putting together various pieces of the puzzle to paint a picture of your situation and you HOPE that people will see the picture the way you see it.
3) What you do or DID is equally important. Don’t get it twisted. You play some part in those WHOLE equation as well. If you have an attitude or was discliplined alot or was a habitual misser of work, all of these may come in to play. Now, don’t get me wrong. No one is saying that you should be subjected to discriminatory conduct from your employer just because you may have an attitude problem. Just understand that when evaluating the case, your part in the whole story is just as important.
4) Stop dwelling on what your employer is supposed to do and look at the big picture. Listen, your employment is a very personal thing. I totally understand how you could be upset if any one does anything that may affect your ability to earn a living or support your family. However, you rarely are going to be able to get the resolution that you are looking for immediately. So with that being said, you HAVE to go through the process of filing your grievance with your employer, filing your claim with the EEOC or appropriate state agency, or filing your law suit. These things take time and you’re not helping yourself by stressing over the situation.
When you’re placed in the position of going through the process of filing a grievance regarding your case, be patient and most importantly, look at things from all sides.
