CHAPTER 7

An Employee’s First Day—Onboarding

Once a candidate has been interviewed, drug screened, background checked, offered employment, and signs an employment contract (discussed in Chapters 2 and 3 of this book), there are a number of very important “onboarding” items which must be addressed.

To begin with, the new employee is required to present proof of citizenship or at least proof that the individual is eligible to work in the United States. This means the employee must provide a “green card” to the employer. It is a good idea for employers to make copies of whatever document the new employee presents in this regard, which should then be filed in the employee’s personnel file. Because it is unlawful for an employer to permit an individual to be employed if employee is not a US citizen or does not possess a green card, violation of this requirement has serious legal consequences to the employer and must therefore be strictly adhered to.

IN PLAIN ENGLISH

A green card is a document which a permanent resident alien is provided so that the individual can legally work in the United States. While this is the most common document for noncitizen employees, there are other documents that permit employment for noncitizens as well. For example, the noncitizen may have a work visa for temporary employment. For purposes of this book, we will use the term “green card” as the document noncitizen employees must provide regardless of the status of the noncitizen. If you have any doubt about whether the document provided by a noncitizen employee is valid for allowing that individual to work for you, you should check with an employment attorney or Homeland Security. For noncitizen employees who have any questions about the validity of the document to be provided to the new employer, then conferring with an immigration lawyer or Homeland Security is also recommended.

The new employee should also be provided a copy of the employer’s employee handbook (discussed in detail in Chapter 6 of this book). It is important the new employee be required to sign a written acknowledgment indicating the handbook has been received, read, and is understood. The employer should therefore prepare in advance a written acknowledgment form to this effect that the new employee is then required to sign and date within just a few days after beginning employment. The signed acknowledgement form should likewise be placed in the new employee’s personnel file. Employees should carefully read and be sure to completely understand the employee handbook or, if there are any questions, they should be asked and a written response requested so that the individual knows exactly what the rules of employment are. The employer’s written response to the employee’s questions should be retained by the employee with his copy of the employee handbook. The employee’s personnel file should also contain all other important documents relevant to the individual’s employment.

THE IMPORTANCE OF ONBOARDING

A well-prepared orientation program for new employees, known in human resources as “onboarding,” is an important element in providing new employees with a warm and practical welcome. This in turn prepares the employee to succeed in the new employment relationship. By carefully preparing a well-thought-out onboarding program, an employer will be benefited in the following respects:

1. It minimizes legal risks to the employer, by reminding new employees to submit all employment documents by their deadlines;

2. It permits the parties to the employment relationship to focus on those items that are the most important once the new employee arrives for the first day on the job;

3. It makes the new employee more comfortable on the job due to the employer’s advance preparation of the work space and related equipment and supplies; and

4. It creates a friendlier, more collaborative work environment for the entire workforce, as current employees will know when and how to welcome their new coworker.

SEXUAL HARASSMENT PAMPHLETS AND VIDEOS

Sexual harassment in the workplace presents a very serious and potentially costly danger for all of today’s employers and employees. As such, new employees should be required to watch an instructional video on the subject of preventing sexual harassment. Such videos are relatively inexpensive and readily available from a number of online sources. It is a good idea for employers to have one of these videos available to its workforce at all times and to require annual review by all employees. Because the law evolves rapidly in this dynamic area, however, it is appropriate to obtain updated materials and videos at least once every three years.

Additionally, the employer should be sure that there are standing instructions to its employment attorney for updates regarding sexual harassment. At that time, it would be appropriate for the employer to obtain a more up-to-date video on sexual harassment prevention that includes the change(s) noted by legal counsel.

Some employers use pamphlets rather than videos for the above-mentioned purposes. The employer must determine which medium it feels would be the most effective for new and continuing members of its workforce. The choice of medium is, of course, entirely subjective, because some individuals learn better through oral instruction while others by visual instruction. As noted above, it is also wise to conduct annual refresher training on the topic of preventing sexual harassment regardless of medium. These refresher trainings may be accomplished using a computer and appropriate software designed for this purpose. Regardless of the medium of the training, it is important to document each employee’s receipt of mandatory refresher training and file a record of such in the employee’s personnel file.

IN PLAIN ENGLISH

While this section recommends the use of instructional videos or pamphlets, some employers actually have live presentations and others require employees to attend seminars conducted by industry or professional associations. The method by which the sexual harassment material is presented will likely vary depending upon the size, location, and preference of the employer. Regardless of the medium, the material presented must be up-to-date, comprehensive, and accurate.

ITEMS TO BE ACCOMPLISHED BEFORE A NEW EMPLOYEE’S FIRST DAY

A truly successful onboarding program, however, begins even before the employee’s first day on the job. The following checklist serves as a guide to ensure the necessary onboarding items are completed prior to a new employee’s first day. While the remaining material in this chapter is primarily addressed to the employer, new employees should read it and understand it in order to anticipate what to expect in the initial phase of the employment process.

image Paperwork to Be Completed by New Employee. If appropriate for the employment relationship, prepare a written employment contract (see Chapter 3 of this book) for the new employee to sign. All employment contracts when used should include the following content:

1. Job title and department assigned to;

2. Hours and days of employee’s work schedule;

3. Length of employment;

4. Compensation and fringe benefits to be earned;

5. Employee job responsibilities consistent with position’s job description (see discussion in this chapter under “job description”);

6. Nondisclosure agreement (see discussion in Chapter 3 of this book);

7. Non-compete agreement (see discussion in Chapter 3 of this book);

8. Employee invention agreement;

9. Paid and unpaid leaves of absence policy; and

10. Grounds for discipline consistent with the employee handbook and any other rules of conduct (see discussion in Chapter 15 of this book).

image Offer of Employment. Send the new employee a written offer of employment. In this document the employer should detail the basics of the employer–employee relationship, which include:

1. New employee’s job title;

2. Department assigned to;

3. Name and position of new employee’s direct supervisor;

4. Work schedule (consistent with the written employment contract referenced above);

5. Starting date;

6. Compensation;

7. Fringe benefits;

8. Length of employment;

9. Date by which candidate needs to respond in writing to the offer of employment letter; and

10. The employer may wish to also attach the actual employment contract (discussed in Chapter 3 of this book) in which the terms of employment are detailed in order to answer any questions by the new employee and avoid any awkward or disruptive surprises and resulting misunderstandings following arrival for the first day of work.

image Required Employment Forms. Complete any employment forms required by federal, state, or local laws. These forms commonly include the following:

1. W-4 form;

2. I-9 form;

3. State tax withholding form;

4. Employee invention agreement form;

5. Direct deposit form; and

6. Health insurance form.

ADDITIONAL TASKS TO BE PERFORMED BEFORE A NEW EMPLOYEE’S FIRST DAY

Both employers and employees should be familiar with their respective roles and responsibilities when beginning the employment relationship. In this section, we will explain what we recommend for employers to welcome the new employee into the job. While this section is addressed to employers, a new employee should be familiar with it so that the new employee can be prepared to accomplish the required tasks.

image Employers should ask their new employee to send them:

1. Personal data to enter into the employer’s human resources information system including ID or passport number, contact details, Social Security number, and tax identification number;

2. Bank account information if the employer uses direct deposit to pay its employees; and

3. Copies of any certificates, diplomas, or licenses required to perform the job.

image Getting off on the right foot with a new employee is essential to the establishment of a lasting, long-term relationship. Employers should therefore send new employees a welcome letter/email, which includes:

1. The date and arrival time of the employee’s first day;

2. Map of the employer’s work site, if applicable;

3. Review of the employer’s dress code for employees; and

4. A first day and first week agenda of tasks to be completed, if foreseeable and possible.

image Invite new employee to join employer’s software applications, including:

1. Email messaging software;

2. Any productivity tools used by the employer; and

3. Password security codes.

image Announcement:

Nothing can leave a bad first impression more than a new employee beginning employment in a sea of strangers without introduction and having someone find their way around unassisted. Employers can make the new employee’s transition to the workplace easier by:

1. Sending an announcement to all employees introducing the new employee by name to ensure they are aware when the new employee will begin working and encouraging them to give their new team member a warm welcome;

2. Reminding the new employee’s supervisor to also send a message to all their subordinates on the new employee’s starting date reminding them of the new employee’s arrival date and name;

3. Sending a reminder to all managers of the new employee’s arrival date and ask them to coordinate the new employee’s first-day duties; and

4. Send the new employee’s personnel data to your accounting department (so that they can add the new employee to the payroll), IT team (so that they can help the new employee set up accounts on corporate software) and office manager (so they can set up the new employee’s workstation).

IN PLAIN ENGLISH

While we have provided recommendations for employers with larger organizations, smaller employers should be aware of these items and determine which ones apply to their organization.

image Prepare and provide the new employee with technological equipment which is either required or useful for the new employee’s position. This might include some of the following, though varying positions may require additional equipment. Employers should determine what equipment is necessary to the industry, profession, or tasks involved with the new employee’s position.

1. Desk and/or laptop computers;

2. Desktop computer monitor;

3. Landline telephone and/or cell phone;

4. Computer mouse;

5. Computer keyboard;

6. A headset; and

7. Tools or equipment that may be required or necessary for the job to be performed. As noted above, the tools, equipment, or technology to be provided will vary depending upon the industry, profession, or task.

image Arrange for new employee’s ID card, building access key card, and personal locker, if applicable.

image Order new employee’s business cards and/or name plates, if applicable.

image Place an order for a work uniform, if applicable.

image Prepare and send an onboarding “kit” to the new employee that includes:

1. A copy of the employee handbook;

2. A welcome letter from the new employee’s manager or CEO;

3. Computer setup instructions, if applicable;

4. Stationery supplies (notepads, pens, Post-it stickers), if needed;

5. A copy of the employer’s organizational chart, if available;

6. Any available written information concerning the employer and/or its culture; and

7. A guide to any local cafés and restaurants to access for lunch breaks, if available.

image Prepare tentative first day and first week agendas, which cover:

1. A scheduled meeting to provide an employer overview, including its mission, teams, and policies;

2. Scheduled one-on-one meetings with manager and team members;

3. A time to complete human resources paperwork;

4. Role-specific training;

5. Product-related demonstrations; and

6. Team-building activities such as a group lunch.

image Assign a coworker to assist the new employee through the first few weeks or months in the new employee’s new work assignment.

As previously noted, many of the items listed above relate to larger employers and are provided by us so that the material is complete. You should determine whether any or all of them would apply to your unique organization.

ORIENTATION DURING NEW EMPLOYEE’S FIRST DAY ON THE JOB

A well-thought-out employee orientation or onboarding program for new employees should provide a sound foundation for the new employee’s employment relationship. The employer should therefore take the time and pay attention to details in order to provide the new employee with a thorough orientation, which includes among other things:

1. A detailed explanation regarding the days and hours of work and when employees must take mandatory rest and lunch breaks; an employer’s failure to enforce statutorily required meal and rest breaks leaves the employer exposed to monetary damages often including penalties.

2. What holidays the employer observes and any rules for working overtime and resulting rates of pay;

3. Paid sick leave time and, whenever applicable, any rules concerning maternity and paternity leave benefits;

4. If the new employee is relocating from somewhere outside of the employer’s geographic area, information concerning possible weather conditions affecting commuting to work by private vehicle and public transportation options; and

5. If not in the employer’s handbook, office rules regarding absenteeism, tardiness, or any other situations that would require the employer to arrange for someone to fill in for the absent employee and any disciplinary consequences that may flow from excessive absenteeism.

As mentioned previously, much, if not all of the above information should be contained in the employee handbook (discussed in greater detail in Chapter 6 of this book), but it is nevertheless a best practice to at least call the employee’s attention to these matters on the first day of work, which underscores their importance.

Depending upon the nature of the employer’s business, the new employee should also be advised and properly trained on all safety procedures, practices, and equipment used on the job. Safety procedures and equipment should also be explained and their importance stressed in the employee handbook as well. Also, the employer’s dress code is important to the work environment and should be explained to the new employee. This explanation should include a discussion concerning inappropriate dress and, if appropriate, the danger of wearing loose-fitting garments when working around machinery, which would be a safety hazard. Appropriate documentation of all safety training received should be prepared with a signed acknowledgment form completed by the employee

When uniforms, personal protective equipment and safety footwear are required within the employer’s workplace, the new employee should be informed and told if the uniform includes any safety devices. When uniforms are company specific, the new employee should be advised of the appropriate arrangements for obtaining them, or if generic, where they may be purchased. Also discuss with the new employee whether there is a reimbursement policy for out-of-pocket expenses with the new employee. Because personal hygiene in the workplace is also a necessity, new employees should be advised regarding any applicable grooming standards as well.

IN PLAIN ENGLISH

Safety devices include, but are not limited to, helmets, hearing protection devices, eye protection devices, specialized footwear, safety vests, harnesses, gloves, aprons, and the numerous other devices which are job-specific and are intended to protect the individual’s safety on a particular job or the safety of customers.

To ensure that no items are overlooked, employers should prepare a written checklist of all of the things that should be addressed with the new employee on the first day on the job so that each item will be sufficiently covered in detail. For specific items to include in the checklist, please refer to the items discussed above. Once initially created by the employer, the checklist should be reviewed, revised whenever necessary, periodically reviewed and augmented by the employer’s employment counsel to add any omitted items that are important to the employer’s specific business. By doing so, an employer will have created a detailed checklist specific to its industry and workplace that should then be uniformly followed. Each item on the checklist should then be checked off as the new employee progresses through the first day orientation.

When some items require follow-up, the new employees’ signing an acknowledgment form documenting that the individual has read and understands the provided employee handbook should be repeated.

CONCLUSION

If the employer has done a careful and thorough job during the hiring process and selected the most qualified individual to fill the position, the onboarding process should prove to be enjoyable, relatively easy to implement, and provide a solid foundation for a long-term, successful, and productive employment relationship. It is therefore important to provide the new employee with as much helpful information when the relationship begins so the new employee will feel welcomed into the organization and be able to perform the job the new employee has been carefully hired to fill to the satisfaction of the employer. The employee will, in return, receive satisfaction knowing that the job is being performed well and to the satisfaction of the employer.

The more an employer prepares for the initial orientation/onboarding process by following the above suggestions, the more likely the employment relationship is to be successful.

While most of the material in this chapter is addressed to the employer, it is important for employees to be aware of it as well. In this way, a new employee will be able to understand the “onboarding process” and be prepared to start the new job with a positive attitude.