To create and maintain a productive work environment, it is important that employers develop and implement onboarding procedures for all new employees. These procedures should go beyond having new employees complete the required verification of employment eligibility and income tax withholding forms. Although there are many aspects of hiring and onboarding new employees that employers must consider, this article addresses a few key areas for employers to think through. Any company that has employees should consult an attorney regularly to ensure that it is complying with applicable employment laws and is setting up both the company and its employees for success
Employee Handbook
If a company has an employee handbook, it should give a copy of the handbook to all new employees. A good employee handbook will show the employer’s and employee’s respective rights, will identify employee benefits, and will set out clearly the company’s employee expectations. Employers should have their employees sign an acknowledgment that they have received and read the employee handbook. This acknowledgment helps prevent an employee from later claiming that he or she did not know a particular expectation or other provision contained in the employee handbook.
Companies that do not currently have an employee handbook may want to consider implementing one. An attorney can help an employer examine the pros and cons of instituting a handbook and also can draft the handbook to ensure that it accurately reflects the employer’s policies and complies with applicable laws. For employers who already have an employee handbook, it is important to review the handbook regularly (at least annually) to ensure it is consistent with the company’s current policies and that it complies with applicable and frequently changing laws. An attorney can assist with this process.
Employment Policies
All employers should develop and implement employment policies. These policies should be in writing and given to all new employees (as well as regularly distributed to existing employees). As laws change, it is important for employers to review their policies and update them as appropriate. Two key employment policies that employers should implement include policies surrounding sexual harassment and drug and alcohol abuse. An attorney can help an employer review and update its existing policies to ensure compliance with applicable laws, as well as promote a healthy, safe, and productive work environment for the company’s employees.
Employment Agreements
Most employees are at-will, which means that either the employer or employee may terminate the employment relationship whenever. Depending on the type of employment, however, an employer may want a new employee to sign an employment agreement that specifies under what circumstances an employer may terminate an employee and what happens if an employee resigns voluntarily. Employment agreements make it crystal clear to all parties what will happen when an employee leaves the company (e.g., what benefits the employee may be entitled to, what procedures are in place for the return of company property, and the like). Depending on an employee’s job function, an employer and employee may agree to certain restrictive covenants to apply both during and after employment. These restrictive covenants may include non-solicitation, non-competition, and confidentiality obligations. Employment agreements may also help a company protect its intellectual property rights.
Final Thoughts
The above provides a few items for employers to consider implementing (or reviewing) with their new hires. It is important that an employer consult an attorney prior to implementing a new policy and then regularly after implementing the policy to ensure that it remains valid and relevant to the company’s mission and policies, as well as applicable laws.
For more information on this article, onboarding procedures for new employees, or employment or business law in general, please contact Albee Law PC at (312) 279-0115 or by email at info@albeelaw.com.
