Page 15 - alacarte_Summer12_FlipBook

www.ohiorestaurant.org 13 Summer 2012 Issue

Contesting Unemployment Claims Based On Company Policy

Utilize this information from CareWorks Consultants to safeguard your business

The ORA’s Removed the Guesswork So You Can Worry Less When Hiring New Team Members

Our foodservice employment applications instruct you on how to ask the right questions while avoiding the wrong ones

A company policy is an important business tool for restaurants of all sizes. For unemployment claims purposes, this is often of great importance to the employer in the event of a discharge as well as for general disciplinary purposes. A company policy provides your business with an opportunity to advise employees of rules and expectations for the workplace. In addition to having a company policy, it is very important that the guidelines set forth in the policy are followed and enforced as closely as possible.

Items you may wish to address in a company policy include attendance and call-off procedures; work rules; drugs and alcohol; harassment; safety and any other topic of everyday importance, such as a code of conduct. These rules are not meant to be all-inclusive, but rather a guideline for expectations and procedures. An important aspect of a company policy is progressive discipline. This is where employees are advised of what to expect if the rules set forth in a company policy are violated. Discipline may take the form of verbal warnings, written warnings, suspension and termination.

In keeping with the progressive disciplinary standards of your company, another critical aspect of the process is timely and accurate documentation of infractions or violations of policy. It is important to document the date and details of the infraction; the full name and job title of the individual who administered the disciplinary action; and also to note which step of the disciplinary process is being administered. These vital details

could serve you well in supporting your actions later, should the need to terminate employment arise.

Although some situations are severe enough to warrant immediate termination, generally, it is important to follow the progressive disciplinary procedures set forth in the company policy. The Ohio Department of Job and Family Services (ODJFS) views this as something on which the employees can rely and base expectations, to allow for an awareness of their problematic behavior and to be given time to correct it. Having employees sign an acknowledgement form at the time of hire as an indication that they have received, reviewed and understand the policy is a great way to begin employment with mutual awareness of expectations.

Important to remember is that although a company policy is an important way for employers to protect themselves in the event of an unemployment claim, when reaching a decision for “just cause” for termination ODJFS is not strictly bound by the terms of a policy. Generally, ODJFS expects that a company policy be reasonable, understandable and fairly and uniformly applied to all employees.

For additional information regarding unemployment matters, contact Kammy Staton of CareWorks Consultants, the Ohio Restaurant Association’s (ORA) third-party administrator, at (800) 837-3200, ext. 7165 or via e-mail: Kammy.Staton@ccitpa.com.

Through the Ohio Restaurant Association’s (ORA) commitment to helping you save time and money while safeguarding your business, the association is letting you know about the availability of the latest version of the ORA Foodservice Industry Employment Applications. ORA Member Buckley King conducted a thorough review of the application to ensure its compliance with all known federal and state laws regarding employment applications.

Benefts:

• Great Value: The average retail price for a similar product is between $45.95 and $100! ORA members receive a pack of 50 applications for only $21.95, plus tax and shipping. Non-members can purchase the applications for $41.95. But, if you order today and reference the ORA’s special Human Resource edition price, you can get 50 applications for just $10, plus tax and shipping. Be sure to order by Sept. 30, 2012 to take advantage of this great savings.

• Find the best candidates for your foodservice business. The application, which is foodservice-specifc, will help you pre-qualify drop-in candidates you may not meet in person. In addition to standard application questions regarding personal information, education, experience and references, the application probes further with sections reviewing desired employment; basic mathematics problems; a restaurant aptitude test and thought-based