{"id":529,"date":"2012-03-07T21:27:28","date_gmt":"2012-03-07T21:27:28","guid":{"rendered":"https:\/\/www.bfvlaw.com\/have-team-rules-and-enforce-them\/"},"modified":"2012-03-07T21:27:28","modified_gmt":"2012-03-07T21:27:28","slug":"have-team-rules-and-enforce-them","status":"publish","type":"post","link":"https:\/\/www.bfvlaw.com\/have-team-rules-and-enforce-them\/","title":{"rendered":"Have Team Rules and Enforce Them"},"content":{"rendered":"

In March 2011, BYU dismissed its star forward Brandon Davis from the basketball team for violation of team rules.\u00a0 In particular, Davies was dismissed from the team for admitting he engaged in premarital sex.\u00a0 BYU, which is owned and operated by The Church of Jesus Christ of Latter-day Saints, requires its students to \u201clive a chaste and virtuous life,\u201d according to its honor code.\u00a0 While the dismissal was a subject of national debate and scrutiny, BYU stood by its policies.\u00a0\u00a0 Each Bowl season, a number of players are suspended by their college for violation of team rules. \u00a0Auburn\u2019s Michael Dyer is a recent example.\u00a0 In the NFL, the league commissioner has not hesitated to discipline players who have engaged in improper conduct such as making improper hits.\u00a0 Ndamukong Suh, for example, was suspended for 2 games this season for stomping on an opposing player during a Thanksgiving Day game against the Packers.\u00a0\u00a0 In each of these situations, the enforcing body had rules and enforced them when they violated.<\/em><\/strong><\/p>\n

Having written company policies is important.\u00a0\u00a0 But policies are only helpful if they are followed by the employer and enforced.\u00a0\u00a0 For employers, the most practical way to implement rules is through an Employee Handbook.\u00a0\u00a0 Every business, no matter what size, should have some form of handbook or manual that clearly sets forth its personnel policies in writing.\u00a0 There are several reasons why it is critical for a company to have an employee handbook.\u00a0 Foremost, an employee handbook is the most effective way an employer can communicate to employees about its rules, procedures, benefits and expectations.\u00a0 Also, by putting policies in a handbook, employers have a reference to ensure consistent treatment of employees. This is important because the genesis of many employment discrimination lawsuits is the inconsistent application of rules, which is sometimes due to confusion over unclear policies. Generally, when discipline is issued fairly and consistently, it is accepted more readily.\u00a0\u00a0 On the other hand, when discipline is inconsistent, those being punished have a harder time accepting the discipline and are more likely to challenge it.\u00a0 The credibility of the entity issuing the discipline is also attacked.\u00a0 The NCAA is a poster child for this point.<\/p>\n

Employee handbooks can also help protect the bottom line by serving as evidence in litigation or administrative matters, such as EEOC investigations and unemployment claims.\u00a0 For example, to avoid increases in unemployment insurance premiums, an employer should do what it can to combat claims based on terminations that should disqualify the claimant from receiving benefits.\u00a0\u00a0 To defeat such claims, however, an employer must be able to prove that the employee seeking benefits had knowledge of the rules that were violated and were the basis for the termination.\u00a0 This burden is difficult to meet without the existence of written rules and proof that the rules were actually received by the employee.<\/p>\n

To be effective employee handbooks must be updated and kept current.\u00a0 It is a good practice to review the handbook each year with a fresh pair of eyes.\u00a0 When changes are made to the handbook an employer should notify employees of the changes in writing.\u00a0\u00a0 If an employer operates in more than one state it is important to customize the policies so that they comply with the applicable jurisdiction.<\/p>\n

Some of the most common and important provisions that should be contained in a handbook include the following:<\/p>\n