Policies, the Double-Edged Sword

Policies do not prevent poor employee performance:

"Where does it say that I can't do ________?  I can't be in trouble if you don't have a policy"  

"The policy says _________ so we have to do this; I cannot do anything else about it."

Whether you have a detailed, complex policy or you have an informal understanding in the workplace, a poor performing supervisor always has an excuse for failing to act.  A problematic employee always has a good reason for why they did not do the job.  Justification for poor performance, why the individual did or did not meet expectations, is always easy to find.  

Unfortunately, the small percentage of "bad actors" that may be in your workforce will find a loophole in your closely worded policy.  That same small group of lower performers will just as quickly exploit the absence of a policy when avoiding or neglecting their work. 

Your legal counsel and plantiff's attorneys understand this duality as well.  They know how to use policies against you if you do or do not have them:

"How do you managers and employees know not to ___________, if you did not have a clear, written policy?"

"You have a written policy prohibiting ________, why do your employees not understand or follow your policy?"

Policies do not prevent poor performance any more than a lack of policy encourages poor performance.  Having a written policy does not expose you to more liability; not having a written policy does not insulate your organization from risk.  The real double-edged sword is out assumption that policies have the power to eliminate or create risk and liability.  

The reality is that behaviors create the risks and actions create liability.  Smart business leaders understand this and still put good policies in place.  Why?  Because, good, well written policies support appropirate behaviors in the workplace.  An effective policy provides good leaders and employees with a guide to solid business decision making.  When implemented effectively, a well written policy will aid a supervisor and employee in the consistent and appropriate performance of their work.

When introducing or updating policies, keep this in mind:

• Be straightforward.  Use language that is easy to understand and clear to the intended audience, your employees.  Getting input from employees is often a great way to gauge whether or not your written policy is well understood.
  
• Stay simple.  Avoid the impulse to address every "what if" scenario that comes up.  Remember that a policy guides good decision making; it does not replace it.  Attempting to address every what if will always leave gaps and loopholes to be exploited by some.
• Be compliant.  Some of your policies will be mandated by Federal, State and/or local rules and regulations.  Know what they are and make sure your policies align with the regulatory requirements.
• Train and Document.  Traing your leaders and your employees on the policy is the best way to ensure they understand what is expected.  It is also one of the most effective ways to reduce your liability.  Provide annual training on your policies and document employee attendance.

You may not be able to eliminate all of the liabilities or prevent all of the bad actors from being disruptive.  However, if use correctly, your policies will help your leaders and employees regulate workplace behaviors and focus on the success of the business.