The Ticktin Minute February 26, 2018 – Disadvantages/Pitfalls of the Employee Handbook

Disadvantages/Pitfalls of the Employee Handbook

While an employee handbook can be a crucial tool for employers, failure to draft the employee handbook properly can lead to an employer entangling themselves in litigation. Last week’s blog focused on the advantages of the Employee Handbook (click here to view the blog); however, this week, lets focus on some of the pitfalls that can be come from an improperly drafted employee handbook and/or an Handbook that does not provide flexibility in management.

The following are the major areas of concern that employers must recognize:

  1. Limitation of Managerial Flexibility: Uniform application of the rules means that flexibility is sacrificed for management. Employee handbooks should always be drafted with managerial flexibility in mind, while making sure not to make the handbook too discretionary.
  2. Poor Drafting: Many employers think that they are protected by using a standard Handbook downloaded from the internet. Handbooks must always be customized for the particular business and such drafting should never be done by anyone other than an employment law attorney. Another concern with regard to poor drafting is the lack of completeness of an Employee Handbook. The provisions it has may be drafted properly, however, the document may be missing essential protective provisions.
  3. Lawsuits: A badly drafted Handbook can be just what a disgruntled employee needs to win their legal case. The Handbook is the first thing an Employment Lawyer reviews when they receive a new client. Any mistakes in said Handbook could mean an easy win for the client (and the Lawyer). In these cases, it is better not to have a handbook, then to have a Handbook that supports an Employee’s Lawsuit (such as having provisions not adhering to the American with Disabilities Act “ADA”).

Contact the attorneys of The Ticktin Law Group for a complimentary consultation regarding preparing a new employee handbook and/or a complimentary consultation regarding reviewing an existing employee handbook. Further, if you or someone you know has a potential employment law claim and/or questions regarding your rights, contact the attorneys of The Ticktin Law Group!