woodbineca

By: Crystal M. O’Brien, Esq
Ever find yourself wondering why human resource professionals push the importance of employee handbooks? After all, who even reads them? And what are the downfalls of purchasing a handbook online or, better yet, plagiarizing a handbook from a former employer?

The problem with doing without a handbook or relying on outmoded and/or canned policies is that employers risk confusing employees and exposing themselves to lawsuits fueled primarily by mixed workplace policy messages. For example, if you are an Equal Employment Opportunity employer and you don't make that clear through a set of written policies, the appearance of hiring preferences could subject you and supervisors in your workplace to unnecessary legal scrutiny.

Five benefits you'll want to consider as to why your workplace cannot afford to be without an employee handbook:

Excellent vehicle for conveying management expectations, organizational mission, and business objectives. Aside from telling employees why your organization exists, the handbook can be key for assuring employees understand the purpose of their contributions. Excellent option for clarifying what is "at-will" employment. If you require two-week notices before resigning, are obligated to follow progressive disciplinary policies, and/or rely on probationary periods, your workplace could be sending mixed messages as to whether you truly have employees who can resign or be terminated at any time and for no cause as is inherent in "at will" employment. Excellent means for educating employees as to organization's anti-harassment policies and means for reporting violations. You should not require your employees to guess at what is unlawful harassment and what they should do to avoid being unlawfully harassed. What better way to reserve employer rights to modify workplace rules? Just because your workplace may have "always" managed certain issues one way or another, the right to modify certain approaches could be hampered by a failure to notice employees that the rules can change from time to time. How do you know employees are aware of what rules apply to them? Employee acknowledgements of having received and reviewed employee handbooks are an excellent resource for assuring everyone understands what is expected of them.

Crystal M. O’Brien, Esq. serves as MMC’s Employment Law Manager/Corporate Counsel. She also sits on the company’s panel of HRCI/MCLE trainers which provides ongoing training to H.R. professionals through its onsite MMC University. Ms. O’Brien’s practice experiences focus on providing labor and employment law counseling advice to MMC’s 400 clients. She also mediates private disputes for the Los Angeles County Superior Courts as well as represents employers in litigated labor and employment law matters. Prior to joining MMC, Ms. O’Brien practiced law with national and boutique law firms on the west coast. Before entering law school, she served as a workers’ compensation insurance hearing representative for several years. Collectively, Ms. O’Brien has 19 years of litigation experience.

After receiving a double-degree in psychology and sociology from Oberlin College in 1988, Ms. O’Brien earned a workers’ compensation insurance claims adjusting license in 1991. She completed post-graduate studies in Human Resources Management at Portland State University’s Graduate School of Urban & Public Affairs from 1996-1998 and earned a Juris Doctorate and Certificate in Dispute Resolution from Willamette University College of Law in 2001. Immediately following law school, Ms. O’Brien served as a judicial clerk to the Honorable Faith Ireland (ret.) of the Washington State Supreme Court. She is licensed to practice law in California and Washington, as well as before U.S. District Courts in each state.