501(c) Agencies Trust

HR topics

Check out these helpful tips and ideas for handling HR issues and ensuring your organization runs smoothly.

• Licenses and certification

  A license-and-certification policy can be an effective pre-emptive strike for your nonprofit.

  When questions about licensing arise, there's often considerable debate about who is responsible for making sure staffers are legally qualified to perform their jobs. Is it the nonprofit's or the individual staffer's? And who foots the bill?

  Because a proper license or certification is a prerequisite for the job, many nonprofits require their staffers to pay for and maintain these documents themselves. Some nonprofits, however, will offer pay for a license or certification as an employee perk.

  Regardless of whether you pay for staffers' licenses, it's logical to make them responsible for updating them. After all, each staffer knows better than anyone else what specific requirements are needed to keep his or her license current. If the status of a staffer's license changes, make it the individual's responsibility to notify you about it as soon as possible.

  Sample license and certification policy
  Staffers whose jobs require professional license or certification must present documentation of their license or certification prior to employment.

  • Staffers pay the cost of obtaining and maintaining their license or certification.
  • Copies of the license or certification, plus copies of all renewals or changes, must be provided by the staffer for inclusion in his or her HR file.
  • Staffers must notify their supervisor before the next scheduled workday of any changes in the status of their license or certification.
• Reference checking

  While there is no specific law requiring that you check a potential employee's references, courts have held employers liable for negligent hiring for certain acts of their employees the employer should have known might occur.

  For example, by initially checking the references of an employee who later assaults someone in your workplace, you could have discovered that the employee had a record of similar assaults. Your ignorance of an employee's record is unlikely to be a good defense because with a few simple telephone calls, you could have become aware of the previous assaults. Even if the applicant's former employer refuses to give you any information, documenting that you have attempted to check the applicant's prior work history may fulfill your obligation to avoid negligent hiring.

  Download a sample reference check form.

  For further guidelines on effective reference checking, call the HR Services hotline at (800) 358-2163, or e-mail mmarfell@501c.com.

• Seven principles for keeping your employee handbook out of court

  Make sure your handbook is not an employment contract: Disclaimers alone won't do. Inform employees that the policies and procedures contained in the handbook are not intended to create a contract.

  Plainly state your rules, regulations, and procedures: What is your attendance policy? How often do you conduct performance appraisals? Are there any restrictions on the use of e-mail? Clearly state your procedures and rules, and then make sure they are consistently followed. This helps ensure employees understand what is expected of them.

  Describe policies intended to assist employees: Enable your handbook to function as an internal public relations system. Describe your employee assistance program. Explain your family and medical leave policy as well as your maternity, disability, and child care leave policies. This shows your employees that you understand the laws and rules and intend to follow them.

  Communicate your commitment to equal opportunity: Your handbook should include your organization's equal employment opportunity policy. Courts look for this if you are sued for discrimination. Also include an anti-harassment policy. Define harassing behavior and give examples. Clarify supervisory responsibility and clearly set forth your internal complaint procedure. Designate more than one person to receive complaints. What are your organization's investigation obligations? Do you have a no-retaliation provision? These should all be clearly addressed in your manual.

  Set termination guidelines: Include required notifications, severance pay policies, and any grievance or complaint procedures as well as alternative dispute resolution procedures. Also consider tying severance pay to the requirement that employees execute the release acknowledging they received the handbook. This helps ensure that employees sign and return that acknowledgement.

  Develop technology policies: The informality of e-mail makes defining an e-mail policy a necessity. Employees should clearly understand that there is no expectation of privacy in company equipment or in their electronic communications. Reserve the right to monitor e-mail, and make sure that employees realize that all communications are discoverable and can be evidence in any legal proceedings.

  Include state and local requirements: Although keeping up with federal laws may seem challenging enough, don't forget that state laws also are important. Not only can state laws provide more generous benefits and protections than federal laws, but they can also affect many of your policies. For example, state laws may govern your jury duty leave and workplace smoking policies. It is important to incorporate these and other state and local legal requirements into your employee handbook.

The purpose of this Web site is to review the latest developments in HR matters. The information contained herein has been abridged from numerous sources and should not be construed as legal advice or opinion. Organizations that have specific questions about any items should consult with the HR Services program.