Rules of Conduct

Even if your relationship with your employees is informal and the job offers little chance for misinterpretation, there are advantages to written policies. A brief handout describing the basic ground rules is a good idea. But even if you don't create a written policy, be sure to orally communicate your expectations regarding employee conduct.

Whatever you do, don't turn a simple policy statement into an employment contract. Contact your attorney before distributing any written policy statement. There should be no language that even suggests that you have a contractual relationship with your employees.

A written policy helps ensure that all employees receive a consistent message regarding your expectations of how they should conduct themselves. Give an employee time to review your written policies, then ask the employee to sign a statement acknowledging that he or she has read, understood, and will abide by your work rules. This can be useful if an employee who is terminated, penalized, or disciplined claims that he or she didn't know about the policy whose application resulted in the employment action being challenged.

Anytime you alter your work policies, or adopt a new one, you should provide notice to all employees. Some business owners find that they have to adopt specific policies in response to employee practices that are inconsistent with the owner's wishes. In other situations, employers have to adopt new policies to reflect the changing business climate in which they operate. You must communicate your policies to employees in terms they understand to obtain their compliance and the protection that written policies can afford you if employees don't follow the rules.

Written policies can cover a variety of issues. Basic rules relating to time and attendance, meals and breaks, and the benefits you offer are likely candidates for a written policy. It's easier than telling each new employee at the time of hire, and it's a convenient vehicle for communicating changes in policies.

Example

One important use of written policies is to make employees aware of unexpected circumstances regarding the work environment. For some businesses, a privacy policy might be appropriate. A business that needs to monitor employee activities for safety or security reasons should let employees know about the surveillance. The same is true for monitoring the use of computers. And, like drug testing, if polygraph testing may be required as a condition of continued employment, employees should be told.

Another use of written policies is to convey general work rules regarding conduct in the workplace. Unfortunately, due to the widely varying nature of the workforce, some businesses need a specific set of dos and don'ts relating to issues like horseplay. Here's a sample of general work rules for this type of business.

Telecommuting. For an increasing number of businesses, telecommuting has proved to be beneficial to both employer and employee. When the needs of the business don't require workers to be physically present to perform their work, or where the availability of sufficient suitable space is otherwise a problem, telecommuting might be the answer. However, there are a few conditions that must be met if a telecommuting arrangement is going to work out. This checklist isn't exactly a written policy. Instead, it provides an objective standard to use to evaluate the suitability of telecommuting arrangement. It lets your employees know what the minimum standards are for a home office. Also included is a sample telecommuting agreement that identifies important issues, such as the hours during which the employee will be available.

There are some topics that you probably don't want to address with a written policy. Setting the tone of a business is important to employee morale. If it's OK for employees to listen to music on headphones, why have a written policy?

Employee Handbooks. An employee handbook is a manual that contains an employer’s work rules and policies. It can also contain other information that is useful to the employee, such as the business’s history, its goals, and its commitment to customer service. Handbooks can be helpful, but there’s a real danger that a handbook will create an implied employment contract. If it does, it can be difficult to terminate employees and you might be liable to them if you change any of the rules, employee benefits, or working conditions described in the handbook.

If you decide to create an employee handbook, be sure your lawyer reviews it before you give it to employees. The risks associated with a poorly written handbook are substantial.