Many of the conversations I have with clients center on the issue of policies.  Although those policies are important, how the company will apply the policy is even more important.  My experience is that when I asked questions about the policy, it becomes clear that there are particular problems (for employees) that are really the focus of the policies.  Policies can be used to go after certain employees or groups of employees.

This is not how policies should be created.  Policies should be created from a general administrative perspective, not to solve a particular, specific situation or employee problem.  If the policies with particular employees in mind, the likelihood of inconsistent application is very high.  Inconsistent application of a policy is one of the primary reasons discrimination claims are successful against companies.

Practical legal nugget:  If you create a policy that uses the word “except” when it comes to enforcement or application, you are creating a fertile ground for lawsuits.

Use policies to administer your business, not to control (or get rid of) certain employees.