Q: I recently attended a business training for entrepreneurs and the presenter touched on the legal importance of having job descriptions. I always thought that job descriptions were an optional frill and not something I should worry about.  Your thoughts? 

A:  In spite of being an extremely boring topic of conversation (with special powers to make people’s eyes glaze-over), job descriptions can be a true friend to your business.  Here’s why:

• They help you hire the right person – In order to find and hire good staff, you have to know what you’re looking for.  Job descriptions force you to think things through. So often I hear entrepreneurs say they need someone to “get organized” or to “help out because we are getting too busy” yet they have not taken the time to write out what the person will do, what skill-set is needed or even what their title will be.  The job description should come first.  You’ll be able to attract better quality applicants, conduct more effective interviews and choose the best fit if you have a job description. Bonus:  Want to  make a great impression on a new hire? attach a job description to the offer letter.
• They help communicate expectations to employees.  No more mixed messages or crossed wires.  Job descriptions also come in handy when giving feedback and measuring performance.  They make the process more objective, less emotional.
• They offer legal cover for Worker’s Comp, Overtime, and Americans with Disabilities Act, as mentioned by your presenter.

WC:  If one of your employees is ever injured while at work, a job description will help the insurance company determine light-duty and return-to-work issues.

OT:   A job description will help you figure out whether someone’s duties will exempt them from overtime laws.  And help support your rationale if an employee later claims you owe them overtime.

ADA: if you have 15 or more employees, having job descriptions outlining “the essential job functions” will be helpful you in the rare event that an applicant  or employee requests an accommodation.

So, like your presenter, I highly recommend job descriptions. Even though they are boring and aren’t required by law, they do provide great bang for the trouble.

Not intended as legal advice.  © Copyright Eva Del Rio

Eva Del Rio is creator of HR Box™ – tools for small businesses and startups. Send questions to Eva@evadelrio.com