Friday, March 19, 2010

#125 HIRING AND MANAGING OUR EMPLOYEES/ (revised 6/3) the employee handbook part one


"I got a policy manual for my employees. It's called, You do what I say!! crusty old garden store guy







The crusty older garden store owner faces a new reality with his little store, the employee handbook of policies and procedures. It has come to this because there were a lot of lawyers around when some of us did not play fair and honest with our crew.



I bet most owners can’t even find that handbook buried deep in some dusty drawer. Forget about updating the thing or remembering what’s even in it. That book has not seen the light of day for years.







The Employee Handbook



Our employee manual at green garden gates is a compiling of our benefits, programs and policies and general operational guidelines for our staff. We retain two hard copies of the handbook at the store, at the information area and in the possession of the store manager.


Many employee handbooks are filled with a lot of just bullshit, musings of the owner on life or how many fairies can dance on the end of a pin! Owners have the habit of stuffing the manual with training baloney, like such earth shattering topics "how to sell or answer the phone"! The manual or handbook, in our view, is to be a document with the straight forward facts of the business as it relates to the employee, nothing more, nothing less.



Some businesses give a personal copy of the manual to each employee. We do not do this. The manual is updated frequently and is difficult to keep it current with a number of handbooks in circulation. The handbook is available to the employees at our employee section of the website.


Owners get into big trouble when they do not update these handbooks and let everyone know there is a change. Lots of successful lawsuits result from an employee violating a policy that was never updated or changed in those manuals.



We believe an employee handbook should be;



Written to be simple and understandable

Updated immediately when there are changes

Informative only, no unnecessary bullshit

Easily accessible


and don't forget;

realistic


The employees operate in the day to day realities of our store. The handbook must reflect that reality


"They outrageous, them rules. Who live in this cider house?

Who grindin' up those apples, pressin' that cider, cleanin' up all this mess? Who just plain live here, just breathin' in that vinegar? Well, someone who don't live here made those rules. Those rules ain't for us. We are supposed to make our own rules. And we do. Every single day."


From the Film;

The Cider House Rules




The following several entries are a breakdown of what a typical basic employee handbook should contain. Some of the categories may be out of order in these examples.



Employee Welcome Message


A brief message from the store manager and the owners welcoming the new employee.




Employee Acknowledgement Form


It is important that the employee certifies that he or she has read and understands the handbook, that the new employee will always be given access to the document, and conveniently located for the employee’s examination. It is also important that the new employee understands that the some provisions of the document may change from time to time and those changes may affect some or all parts of the those policies, procedures, programs or benefits, from the time they are implemented. Here is our employee acknowledgement form:



...........



Our employee handbook describes important information about green garden gates.



"I understand that I may consult my store manager regarding any questions not answered in the handbook.


I have entered into my employment relationship with green garden gates voluntarily and acknowledge that there is no specified length of employment. Either I, or green garden gates can end my employment, with or without a reason, at any time, as long as there is no violation of applicable federal or state law.


Since the information, policies, programs and benefits described here are subject to change, I understand and agree that changes to the handbook may occur. All such changes will be communicated through an official notice to me.


I understand that revised information may supersede, modify, or eliminate some or all of the existing policies, programs, benefits or general information.


Only the ownership of green garden gates has the ability to institute any changes to this handbook.


I understand that this handbook is neither a contract of employment nor a legal document. I have read and understand contents of the handbook. I understand that it is my responsibility to read and comply with the policies contained in this handbook and any changes made to it."



Signed and dated by the new employee



..........


Our relationship with the employee



This is a statement to the employees that we are looking out for them and that any concerns will be addressed and corrected immediately.





"We believe that the working conditions, wages, and benefits we offer to you are competitive with those offered by other employers in this area and in this industry. If you have concerns about work conditions, compensation or any other specific job related issues, we strongly encouraged you to voice these concerns openly to your Section Leader.


Our experience has shown that when you deal openly and directly with their section leader, floor manager and store manager the work environment can be excellent, communications can be clear, and attitudes can be positive. We strive to insure that we will respond effectively to your concerns."





Equal Employment Opportunity


"In order to provide equal employment and advancement opportunities to all individuals, employment decisions at green garden gates will be based on merit, qualifications, and abilities. We do not discriminate in employment opportunities or practice on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation or any other characteristic protected by law.


green garden gates will make reasonable accommodations for qualified individuals with known disabilities unless doing so would result in an undue hardship. This policy governs all aspects of employment, including selection, job assignment, compensation, discipline, termination, and access to benefits and training.


If you have questions or concerns about any type of discrimination in the workplace, you are encouraged to bring these issues to the attention of your section leader. You can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment."



Business Ethics and Conduct


"The successful business operation and reputation of green garden gates is built upon the principles of fair dealing and ethical conduct of our employees. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity.


We will comply with all applicable laws and regulations and we expect each person in our company to conduct business in accordance with the letter, spirit, and intent of all relevant laws. We expect you to refrain from any illegal, dishonest, or unethical conduct.


If a situation arises where it is difficult to determine the proper course of action, you must talk with your section leader and, if necessary, with your floor manager or store manager before you move forward.


It is your responsibility to comply with these business ethics and conduct."



Hiring of Relatives


"The employment of relatives in the same store can cause serious conflicts and problems with favoritism and employee morale.

Other members of our staff may, rightly or wrongly claim a partiality in treatment at work. Also, personal conflicts between you and your relative outside the work environment can be carried over into your day-to-day working relationships.


A relative is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.


Although green garden gates does not prohibit against employing relatives of current employees, we will monitor situations in which such relationships exist in the same store.

If there are problems or if we see potential problems, we will take prompt action. This can include reassignment or, if necessary, termination of employment for one or both of the individuals involved."


Immigration Law Compliance


"green garden gates is committed to employing only United States citizens and aliens who are authorized to work in the United States and does not unlawfully discriminate on the basis of citizenship or national origin.


In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility.


Former employees who are rehired must also complete the form if they have not completed an I-9 with green garden gates within the past three years, or if their previous I-9 is no longer retained or valid.


If you have questions or seeking more information on immigration law issues, you are encouraged to contact the your store manager. Additionally, you may raise questions or complaints about immigration law compliance without fear of reprisal."



Outside Employment


"You may hold a job with another business or organization as long as you satisfactorily perform your job responsibilities with green garden gates. You will be judged by the same performance standards and will be subject to green garden gate’s scheduling demands, regardless of any existing outside work requirements.


If we determine that your outside work interferes with your performance or your ability to meet the requirements of green garden gates, you may be asked to quit your outside job if you want to remain with green garden gates."


Disability Accommodation


"We are committed to complying fully with the Americans with Disabilities Act (ADA). We strive to insure equal opportunity in employment for qualified persons with disabilities. All employment practices and activities of green garden gates are conducted on a non-discriminatory basis.


Our hiring procedures provide people with disabilities meaningful employment opportunities. We may require whether an you have the ability to perform the duties of the position sought by the you.

If there is a bonofide job related physical requirement, we may ask that you submit to a medical examination to determine if you can perform this physical requirement.

Your medical records from this examination will be kept separate and confidential

We will make reasonable accommodations for you, where your disability may affect your performance of job functions. We employee people based on the merits of the situation with a defined criteria, not the disability you may have.


If you are a person with disabilities, you are entitled to equal pay and equal compensation (or changes in compensation). You are entitled to equal job assignments, classifications, position descriptions, lines of progression, and seniority lists, and employee leaves of any type.


We will not discriminate against you if you are related to or associated with a person with a disability.


green garden gates will follow any state or local law that provides individuals with disabilities greater protection than the ADA.


We are committed to taking all other actions necessary to ensure equal employment opportunity for persons with disabilities"




Employment Categories


"We want to clarify the definitions of our employment classifications so that you understand your employment status and benefit eligibility. These classifications do not guarantee your employment for any specified period of time.


You are designated as either NONEXEMPT or EXEMPT from federal and state wage and hour laws.

If you are a NONEXEMPT employee, you are entitled to overtime pay under the specific provisions of federal and state laws.


If you are an EXEMPT employee, you are excluded from specific provisions of federal and state wage and hour laws.


Your EXEMPT or NONEXEMPT classification may be changed only upon written notification by green garden gates.


You will belong to one other employment category:


INTRODUCTORY.

You and all other employees who begin working for us at green garden gates are classified in this category. After 240 hours of work or 60 days of work, you are elevated to the next category. SEE ENTRY #120 FOR DETAILS


OCCASIONAL.

You are an occasional employee when you have worked more than 241 hours to 1200 hours in any one season. SEE ENTRY #120 FOR DETAILS


SEASONAL.


You are a seasonal employee when you have worked 1201 hours 2079 hours or more in any one season. SEE ENTRY #120 FOR DETAILS


PERMANENT.


You are a permanent employee when you have worked more than 2080 hours in any one season, or you are designated this category by the ownership of green garden gates


VOLUNTARY


This category is for voluntary people who are called upon by green garden gates to work short periods of time and are not employed directly by the company."




Access to Personnel Files



"We maintain your personal file. It includes such information as your job application, resume, records of training, your performance appraisals, salary increases and other employment records.


Your personnel file is our property and access to the information it contains is restricted. Generally, only your store manager, a member of the green garden gates board of directors or a designated member of the legal, insurance or governmental agency, who has a legitimate reason to review information in a file, is allowed to do so.


If you wish to review your own file, you should contact your store manager. With reasonable advance notice, you may review you own personnel file in the presence of your store manager."




Employment Reference Checks


"To ensure that you are well qualified and have a strong potential to be productive and successful, it is our policy to check your employment references.


If you are using us as a reference, the store manager will respond in writing only to those reference check inquiries that are submitted in writing. We will respond to such inquiries by confirming only dates of employment and position(s) held."




Personnel Data Changes



"It is your responsibility to promptly notify us of any changes in your personnel data; personal mailing addresses, telephone numbers, number and names of dependents, individuals to be contacted in the event of an emergency, educational accomplishments. These and other such status reports should be accurate and current at all times. If any personnel data has changed, you are to notify your store manager."



Introductory Period


"The introductory period is intended to give you the opportunity to demonstrate your ability to achieve a satisfactory level of performance and to determine whether the new position meets your expectations.


We use this period to evaluate your capabilities, work habits, and overall performance. Either of us may end your employment at any time during or after the introductory period, with or without reason.


If you are a new employee or perhaps if you have been re-hired for work. You will be on an introductory classification for the first 60 working days or 240 hours of work whichever comes first.


Upon satisfactory completion of the initial introductory period, you will enter our other employment classifications."


Drug and Alcohol Use

"It is our desire to provide a drug-free, healthful, and safe workplace. To promote this goal, you are required to report to work in appropriate mental and physical condition to perform your job in a satisfactory manner.

While on our premises and while conducting business-related activities off green garden gates premises, you may not use, possess, distribute, sell, or be under the influence of alcohol or illegal drugs. The legal use of prescribed drugs is permitted on the job only if it does not impair an employee's ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace.

Violations of this policy may lead to some disciplinary action. You may be required to participate in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences."



Medical Leave


"Green garden gates provides extended medical leaves of absence without pay to you if you are temporarily unable to work due to a serious health condition or disability.


If at all possible, We would like you to make a medical leave request well in advance of the event or as soon as possible for unforeseen events. Please keep us informed of the expected length of the medical leave.


When you return back to work, please submit your health care provider’s verification that you are fit to return to work.


You must submit health care provider's statement must be submitted verifying the need for medical leave and its beginning and expected ending dates.


When you return from medical leave, you must submit a health care provider's verification of your fitness to return to work.


Eligible employees are normally granted leave for the period of the disability, up to a maximum of 6 weeks within any 12 month period. Any combination of medical leave and family leave may not exceed this maximum limit. You may be required to first use any accrued paid leave time before taking unpaid medical leave.


If you sustain work-related injuries, you are eligible for a medical leave of absence for the period of disability in accordance with all applicable laws covering occupational disabilities.


Subject to the terms, conditions, and limitations of the applicable plans, We will continue to provide health insurance benefits for the full period of the approved medical leave.


Some benefits will continue during the approved medical leave period. Please ask the store manager for these benefits


So that your return to work can be properly scheduled, you are requested to provide us with at least two weeks advance notice of the date you intend to return to work.


When your medical leave ends, you will be reinstated to the same position, if it is available, or to an equivalent position for which you are qualified.


If you fail to return to work on the agreed upon return date, we will assume that you have resigned."



Tips and Gratuities



"You may be offered an unsolicited gratuity from a customer for your exceptional performance. It is acceptable to accept the gratuity under these circumstances;


The gift is unsolicited.

There is no comment or gesture that would indicate that you are asking or expecting the gratuity.


The customer insists on giving the gratuity

Often customers feel good about the shopping experience if they can reward you with a gratuity.


The gratuity is accepted discreetly.


The gratuity is private

Please refrain from commenting about gratuities with other employees


The gratuity is exceptional

This gratuity acceptance is an exceptional event and not part of normal business."





Attendance and Punctuality


"To maintain a safe and productive work environment, we expect you to be reliable and punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on other employees and on our store.


In the rare instances when you cannot avoid being late to work or are unable to work as scheduled, you should notify your section leader as soon as possible in advance of the anticipated tardiness or absence.


Poor attendance and excessive tardiness are disruptive.


Everyone becomes ill on occasion. We encourage you to seek prompt medical care for any illness. Your health is important to us."



Personal Appearance


"During business hours or when representing our company, you are expected to present a clean, neat, and tasteful appearance. You should dress and groom yourself according to the requirements of your position and accepted social standards. This is particularly true if your job involves dealing with customers or visitors in person.


All employees who are in contact with the public in any fashion or work in the offices are to wear provided uniforms. These articles of clothing will be provided to you at no cost.


Having a second change of clothing available is also recommended due to the work that you may be required to perform.


If your section leader or floor manager feels your personal appearance is inappropriate, you may be asked to leave the workplace until you are properly dressed or groomed. Under such circumstance, you will not be compensated for the time away from work.


Please consult your section leader if you have questions as to what constitutes appropriate appearance. Where necessary, reasonable accommodation may be made to a person with a disability."



Return of Property


"You are responsible for items issued to you or in your possession or control, such as the following:


credit cards

equipment

manuals

tools

uniforms

keys


This property must be returned by you on or before your last day of work.


Where permitted by applicable laws, we may withhold from the your paycheck, the cost of any items that are not returned. We may also take all action deemed appropriate to recover or protect its property."



Resignation


"Resignation is a voluntary act initiated by you to terminate your employment with us. Although advance notice is not required, we requests that you give us at least two weeks written resignation notice.


Prior to your departure, we many ask you to participate in an exit interview to discuss the reasons for your resignation and the effect of the resignation on your benefits.


If you do not provide advance notice as requested, it limits your opportunity to be re-hired with green garden gates."



Solicitation


"People not employed by green garden gates may not solicit or distribute literature in the workplace at any time for any purpose, without permission from the store manager.


We recognizes that employees may have interests in events and organizations outside the workplace. We may allow you to solicit or distribute literature concerning these activities on our property with permission of the store manager.


Our company bulletin boards display important information such as;


Employee announcements

Internal memoranda

Job openings


If you have a message of interest to the workplace, please gain approval from the store manager. If approved, the message will be posted by the store manager".



Drug Testing


"Using or being under the influence of drugs or alcohol on the job may pose serious safety and health risks.


To help ensure a safe and healthful working environment, you may be asked to provide body substance samples to determine the illicit or illegal use of drugs and alcohol.


Refusal to submit to drug testing may result in some form of discipline


You will be provided with our drug testing policy.

If you have questions concerning this policy or its administration, please contact your store manager,"



Discipline


"We want to administer fair and equal discipline for unsatisfactory conduct in the workplace.


Any discipline needs to be consistant, prompt, uniform and impartial.


We want to correct the problem, prevent recurrence, and prepare you for satisfactory service in the future.


Disciplinary action may call for any of four steps -- verbal warning, written warning, suspension with or without pay, or termination of employment -- depending on the severity of the problem and the number of occurrences. There may be circumstances when one or more steps are bypassed.



These steps will normally be followed:


a first offense may call for a verbal warning;

a next offense may be followed by a written warning;

another offense may lead to a suspension; and,

another offense may then lead to termination of employment.


Depending on the severity of the offence or the number of occurances, one or more steps may be bypassed."



Suggestion Program


"You may be asked to participate in our formal or informal suggestion and advisory programs to solve problems, reduce costs, improve operations or procedures, enhance customer service, eliminate waste, or improve safety in our workplace.


Please contact your section leader if you would like to be a part of these programs.


A confidential suggested box is available for you to make comments or suggestions."



Mentor Program


"You will be assigned a experienced fellow employee from another section to act as your mentor. He or she is available at any time to guide you, to advise and give suggestions to you expecially during the first several months of employment.


Mentors will consult with your section leader and the floor manager to insure that you have an enjoyable and educational experience in the workplace."


Intern Program


During the gardening season, we may have interns, from different areas of study, in the workplace. They will be your fellow employee, assigned work tasks and trained on the general operations and policies of the store."


Volunteer Program


During the very active days in the heigth of the season, Volunteers will be in the workplace from selected groups or organizations. These volunteers will be under the supervision and assigned tasks by a selected employee of the company. They will undergo limited training on the most important operating protocols of the store."


Contract Employees


"Contract people, under the general supervision, of an outside company, may be in the workplace to perform specific tasks for specific times of the year. Since they will have limited contact with you or our customers, Their training will be specific to the tasks they will perform. They will be under the general supervision of the store manager or the floor manager or a designee."







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