Get a new car and you get an owner’s manual. Get drafted into the NBA or NFL and they’ll give you a play book. Get hired as a bartender or food server and you’ll likely get a handshake, three training shifts and photocopies of house policies.

Is that all you give to your employees? And yet, employing someone is fraught with legal ramifications. Make a mistake and you could find yourself on the wrong end of a civil lawsuit or in front of the National Labor Relations Board, where nine out of ten employees leave victorious. Suits for wrongful discharge, sexual harassment and racial discrimination are among the most prevalent employment-related litigation with judgments averaging in the six-figure range.

The first line of legal defense is a comprehensive and well-structured employee handbook, one that clearly defines the employees’ job descriptions, areas of responsibilities and all of the operation’s policies and procedures.

Without it, legally holding employees accountable for their actions is practically impossible.

Drafting an employee handbook is similar to creating an employment contract, which is how the courts typically view the document. And like a contract, employees are typically asked to sign a statement that they have received the handbook, read it thoroughly and agree to abide by all of its provisions. There are excellent reference material and seminars available to help you draft an employee handbook from, among others, the National Restaurant Association and the American Hotel and Motel Association.

[Note: These are general guidelines only. Employment laws and rights vary by state, and it is incumbent upon employers to ensure that company policies and practices conform to state and federal laws. Employee handbooks should be reviewed by a lawyer who specializes in employment law before they are distributed.]

While an employee handbook need not be filled with legalese, it does need to deal with each item in a thorough and comprehensive manner. For example, it is not enough to state that sexual harassment on-the-job will not be tolerated. Define specifically what actions constitute sexual harassment. Employees should be advised as to a course of action they can follow if sexually harassed by a customer, by another employee, by a supervisor or by the owner. How they should respond will differ with each situation. Finally, you should detail what disciplinary actions will be taken in the event of sexual harassment.

Where To Start

The first section of an employee handbook is referred to as the “new hire packet.” It contains material helpful to new employees, including: a statement describing the operation’s concept, a brief history of the company and specific information about the business, such as–the names of the owner(s) and managers, operating hours, happy hour information, credit cards accepted, etc.

The new hire packet should also contain a job description for each position, uniform specifications for all positions, a current copy of the menu, the bar’s price lists and an explanation of all applicable kitchen and bar abbreviations. To emphasize its importance, the operation’s policies and procedures concerning the service of alcohol should be covered in the first section for every employee, regardless of position, to read and be familiar with. Include a policy statement regarding the service of alcohol to minors or someone visibly intoxicated and ask employees to sign the statement affirming their intentions to uphold the policy.

providing your customers with exemplary service is crucial to your operation’s success, that should be clearly stated and service guidelines along with training should be provided.

Don’t presume your employees know or understand anything regarding the operation of your business. Inevitably the presumption will wind up costing you. If it’s important, write it down. Then personally go over the material with your employees and hold them accountable for what it says. You’ll reduce the risk of misunderstanding and ultimately get a more professional, cohesive staff.

 

The second section of the handbook covers the operation’s policies and procedures beginning with the conditions of employment. For example, employment is usually considered an “at will” relationship, meaning that it is for an indefinite period of time, that either the employee or you may terminate the relationship with or without cause, without previous notice and without liability. You should also state if you are an equal opportunity employer.

Every business has general operating policies, such as: how soon before a shift can an employee punch-in, how are employees to report their tipped income, what constitutes full-time employment, what policies govern overtime and how much advance notice is required if an employee is sick and cannot cover a shift.

Do you allow your employees to frequent your establishment when they’re not on-duty? Do you permit smoking or eating on-duty? Drinking alcohol? When can employees give customers a complimentary drink? Do you allow co-worker dating? On-the-job gambling?

After stating in the handbook how these situations–and numerous others–are to be handled, how will you respond if employees fail to comply? You must explain your company’s disciplinary policies clearly. Moreover, you should list what you consider grounds for verbal reprimands or written warnings and what their cumulative effects will be. What do you consider gross misconduct? What consequences can someone abusing alcohol or drugs on-the- job expect?

Is it company policy to make employees pay for shortages in the cash register drawer? What is your policy regarding cash overages in the drawer? What do you consider grounds for immediate termination?

Better Employee Relations

The employee handbook has the potential for becoming more than just a legal document delineating operational policies and procedures. It presents a singular opportunity to provide employees with insight into what is expected of them as professionals and how they can best achieve those expectations.

In this final section of the book, give your staff an understanding of what their responsibilities are as employees of the company. For example, employees are generally expected to respect the confidentiality of company matters. Things they may be privy to regarding the company should be considered confidential and not repeated to others. Employees are expected to help maintain a safe working environment and report any safety-related information to management.

Is it your company’s policy to periodically evaluate employee performance? If so, what factors will you use to assess their on-the-job effectiveness? Considerations for promotion and salary increases–such as job performance, work attitude, attendance record, team compatibility and safety record–should be fully explained.

Does your staff have all of the information and knowledge necessary to perform their job description to their fullest? All employees, regardless of position, should be able to competently answer customer questions regarding menu items and daily specials.

Bartenders should be capable of properly serving food at the bar and food servers should be adept at beverage service. The staff should know what brand name products, beers and wines are stocked at the bar.

No doubt you expect your service staff to also be competent at sales, which is a learned ability. Do your employees understand their role as salesmen? Are they familiar with suggestive selling techniques? Do they understand the effectiveness of offering customers choices? Improving your staff’s sales abilities will not only increase your gross sales, it will also enhance their money-making abilities.

Anything you believe is important for your staff to know regarding their job should be covered to the degree you will hold them responsible. If