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Evaluations: Vermont Employment Law Letter -- HR resolutions for the New Year
     


Karen McAndrew, Robert McKearin, Editors
Dinse, Knapp & McAndrew, P.C.

Vol. 12, No. 10
December 2007

WORKPLACE ISSUES

HR resolutions for the New Year

Amy M. McLaughlin

With the New Year upon us, it's time to evaluate the past year and consider new ways to improve on it. New Year's resolutions shouldn't be just part of your personal life ― they should be part of your professional life as well. This article will discuss four areas in which HR professionals may consider improving their workplace.

Handbook review and update

Vermont courts have routinely held that an employee handbook may qualify as an implied contract of employment. Therefore, you must regularly (at least annually) review your handbooks for compliance. In reviewing your employee handbook, you should make sure it includes the following:

  • a disclaimer;
  • language indicating that the organization reserves the right to unilaterally modify or change the handbook's policies at any time without advance notice;
  • an at-will employment statement;
  • an equal employment opportunity statement;
  • an antiharassment policy with a complaint procedure;
  • an antiretaliation policy;
  • a privacy and electronic communications policy;
  • a Family and Medical Leave Act/Parental Family Leave Act policy (if you're a covered employer); and
  • an employee acknowledgment form.
In addition, you should do the following:
  • Ensure that the policies are up to date.
  • Ensure that the policies are consistent with one another.
  • Confirm that all employees have signed an acknowledgment form.
  • Establish a process for distributing revised policies.
Job descriptions

Job descriptions are a vital tool for employers. Not only do they define the essential functions of a position, which is a necessary component for an Americans with Disabilities Act (ADA) issue, but they also serve as a guideline for evaluating an employee's job performance or classifying a particular position as exempt or nonexempt under the Fair Labor Standards Act. You should pay careful attention to creating job descriptions, and you should annually review them to ensure they're accurate and up to date.

To assist you in evaluating the sufficiency of your organization's job descriptions (or to assist you in creating them), you should keep in mind the following points:
  • Be clear and detailed.
  • Accurately describe the job's functions.
  • Identify the job's essential functions.
  • Describe physical requirements for the position, e.g., lifting and bending.
  • Set forth the required skills and abilities for the position.
  • Describe the reporting relationships for the position.
  • List significant working conditions, e.g., travel, overtime work, and exposure to chemicals.
Training

The start of the New Year is a perfect time to determine which employees need training. All employees should receive training on the company policies prohibiting discrimination, harassment, and retaliation as well as on the procedures for reporting or complaining about such behavior. Supervisory employees, however, require additional training. They also should be trained on:

  • wrongful discharge claims;
  • the ADA;
  • leave laws;
  • workplace safety;
  • interviewing and hiring;
  • the performance review process;
  • discipline;
  • workers' compensation; and
  • documentation.
Performance evaluations

Performance evaluations are a very useful tool in several respects. They allow you to recognize an employee's good work. They also provide you with a vehicle to note concerns about an employee's performance and identify ways to help her succeed in her position. In addition, performance evaluations allow you to clearly communicate job expectations and set forth the consequences of an employee's failure to satisfy them.

Given their significance, you should take the opportunity to remind supervisors just how valuable performance evaluations are to the organization. In doing that, the following guidelines should be followed by all supervisors completing performance evaluations:
  • Conduct performance evaluations on a regular basis, e.g., annually.
  • Be objective and neutral; evaluate performance only.
  • Be consistent ― treat and evaluate all employees equally.
  • Be honest, even if the information you're conveying is unfavorable. Don't sugarcoat an evaluation to keep from hurting someone's feelings.
  • Be clear and concise, and provide specific examples when possible.
  • Don't make any judgmental comments.
  • Don't make any commitments binding the employer.
Bottom line

Laws and regulations change. So do your organization's internal policies. An annual review and update of your organization's employee handbook, job descriptions, performance evaluation process, and training programs is essential. This is a New Year's resolution that must be kept.
Copyright 2007 M. Lee Smith Publishers LLC

VERMONT EMPLOYMENT LAW LETTER does not attempt to offer solutions to specific problems, but rather to provide information about current developments in Vermont and federal employment law. Inquiries about specific problems should be addressed to the labor or employment law attorney of your choice. Vermont does not certify lawyers as specialists in labor and employment law or other areas of concentration.

M Lee Smith Publishers