Companies want to do the right thing and often write down in great detail what that policy or process is, who’s responsible and the consequences of poor behaviors. However, I am frequently brought in to situations where the employer looked the other way or their behaviors didn’t match what they said they do. Then they find themselves in trouble.
A recent situation involved an employer who has a clear policy about not hiring minors under age 18, either as an employee or as casual labor (which they interpreted as an Independent Contractor, but that’s another issue entirely). One of their employees occasionally brought in a couple of 15 year old boys to do some minor shelf stocking. The supervisor “kinda knew” but didn’t say anything to the employee. Something happened and the employer was then sued because they knew and didn’t do anything about minors on the work site, contrary to their written policy.
The specifics are irrelevant. I often encounter situations when an employer knows what to write in their policy and then their “policy of practice” just doesn’t measure up. I counsel my clients to either do what they say in their policies and guidelines or don’t write it down. Not only may you end up in court, you send mixed messages to your employees. You can also create all sorts of employee relations issues or risk severe liability issues.
Isn’t it time you dusted off your written policies, your Employee Handbook or other documents to see if they reflect what’s really happening? You’ll be glad you did.
