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Table of Contents

EMPLOYERS COVERED BY EEOC-ENFORCED LAWS ◄ ................. 4

HOW EMPLOYEES ARE COUNTED ◄ ............................................. 5

RECORD KEEPING REQUIREMENTS ◄ .......................................... 5

REPORTING REQUIREMENTS ◄ .................................................... 6

CHARGE PROCESSING PROCEDURES ◄ ....................................... 6

MEDIATION ◄ ................................................................................. 7

REMEDIES ◄ .................................................................................. 7

REGULATORY ENFORCEMENT FAIRNESS ACT ◄ ......................... 8

TECHNICAL ASSISTANCE ◄ .......................................................... 8

INFORMAL GUIDANCE ◄ ................................................................ 8

PUBLICATIONS ◄ ........................................................................... 8

SEXUAL HARASSMENT ◄ ............................................................ 10

RACIAL AND ETHNIC HARASSMENT ◄ ....................................... 10

PREGNANCY DISCRIMINATION ◄ ............................................... 10

RELIGIOUS ACCOMMODATION ◄ ................................................ 11

PREVENTION ◄ ............................................................................ 11

HANDLING HARASSMENT SITUATIONS ◄ .................................. 12

WHAT THE FLSA REQUIRES ◄ ..................................................... 14

WHAT THE FLSA DOES NOT REQUIRE ◄..................................... 16

FLSA MINIMUM WAGE POSTER ◄ ............................................... 16

JOB DESCRIPTIONS: MANAGER ◄ .............................................. 18

MOD/SHIFT LEADER ◄ ................................................................. 20

TEAM MEMBER/CASHIER ◄ ......................................................... 22

UTILITY MEMBER ◄ ..................................................................... 23

EMPLOYEE PROFILE ◄ ................................................................ 24

DETERMINING HIRING NEEDS ◄ ................................................. 27

Section

C

O P E R A T I O N S M A N U A L

O P E R A T I O N S S E C T I O N C

M A N U A L H U M A N R E S O U R C E S

January 2014 C2

SPREADING THE WORD ◄............................................................ 27

EMPLOYMENT APPLICATIONS ◄ ................................................. 29

INTERVIEW PROCESS ◄ .............................................................. 33

REFERENCE CHECKS ◄ ............................................................... 43

JOB OFFER ◄ ............................................................................... 45

INITIAL TEAM◄ ............................................................................ 47

DEVELOPING PERSONNEL POLICIES◄ ....................................... 48

HIRING ON A TRIAL BASIS◄........................................................ 57

EMPLOYEE ORIENTATION◄ ........................................................ 57

FORMS ◄ ................................................................................ 57

POLICIES AND BENEFITS ◄ ......................................................... 59

PRE-OPENING TRAINING ◄ ......................................................... 60

COACHING TECHNIQUES ◄ ......................................................... 64

TEAM MEETINGS ◄ ...................................................................... 66

SUPERVISOR/MANAGER MEETINGS ◄ ........................................ 66

SCHEDULING◄ ............................................................................. 68

TIME REPORTING◄ ...................................................................... 72

UNIFORM AND DRESS CODE◄ ..................................................... 73

PERFORMANCE EVALUATIONS◄ ................................................ 75

EVALUATION PROCESS ◄ ........................................................... 76

REVIEW MEETING ◄ .................................................................... 79

EMPLOYEE SURVEY ◄ ................................................................. 81

PROGRESSIVE DISCIPLINE ◄ ...................................................... 83

TERMINATION ◄ .......................................................................... 88

SEPARATION ◄ ............................................................................ 92



January 2014 C3

Human Resources

Managing a foodservice business can be challenging. A particular frustration often encountered is high employee turnover rates; however, 16 Handles combats this by seeking to establish strong relationships with employees, paying them well and rewarding them for a job well done. The guidelines in this section will equip you with methods to select great employees who will value their employment with 16 Handles. Since every employee plays an important role in your business, poorly recruited and trained employees mean greater problems, expenses, and frustrations over time.

This section also covers the legal and practical concerns that go along with managing staff. However, it cannot cover every issue you will face when working with your employees, so you are encouraged to contact your Franchise Business Consultant whenever you are faced with a particular challenge.

Commit yourself to being proactive in building a labor pool to select from when vacancies occur. You can effectively hire good employees if you give the appropriate attention to your hiring process and plan for all contingencies.



January 2014 C4

EEOC Guidelines

16 Handles is an equal employment opportunity employer. Therefore, as a 16 Handles Franchisee, you must provide equal opportunity in all aspects of employment to all qualified persons and avoid discriminating against any person because of age, race, color, religion, national origin, gender, marital status, or physical or mental disability, unrelated in nature and extent so as to reasonably preclude the performance of employment.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces the federal laws that prohibit employment discrimination on the basis of an individual’s race, color, religion, gender, national origin, age, or disability. The pages that follow will provide you with basic information about EEOC-enforced laws and processes. They highlight issues of particular interest to small businesses.

Employers Covered by EEOC-Enforced Laws ◄

Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination on the basis of race, color, religion, gender, and national origin. Title VII applies to employers with 15 or more employees.

The Age Discrimination in Employment Act of 1967 (ADEA) prohibits age discrimination against individuals who are 40 years of age or older. The ADEA applies to employers with 20 or more employees.

Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The ADA applies to employers with 15 or more employees.

The Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. The EPA applies to most employers.



January 2014 C5

How Employees Are Counted ◄

All employees, including part-time and temporary workers, are counted for purposes of determining whether an employer has a sufficient number of employees.

An employee is someone with whom the employer has an employment relationship. The existence of an employment relationship is most readily (but not exclusively) shown by a person’s appearance on the employer’s payroll. Independent contractors are not counted as employees because the work they perform is based on an independent contractual relationship, not an employment relationship.

Record Keeping Requirements ◄

In general, employers must keep all personnel or employment records for 1 year. If employees are involuntarily terminated, their personnel records must be retained for 1 year from the date of termination. If a claim of discrimination is filed, all relevant personnel records must be retained until final disposition of the matter.

Under ADEA record keeping requirements, employers must also keep all payroll records for 3 years. Additionally, employers must keep on file any employee benefit plan information (such as pension and insurance plans) and any written seniority or merit systems for the full period the plan or system is in effect and for at least 1 year after its termination.

Under Fair Labor Standards Act (FLSA) record keeping requirements applicable to the EPA, employers must keep payroll records for at least 3 years.

In addition, employers must keep for at least 2 years all records (including wage rates, job evaluations, seniority and merit systems, and collective bargaining agreements) that explain the basis for paying different wages to employees of opposite sex in the same establishment.

Please be aware that laws may vary from state to state.



January 2014 C6

Reporting Requirements ◄

The EEOC requires larger employers to file an EEO-1 report each year, which provides a breakdown of an employer’s work force by race, gender, and national origin. However, employers with fewer than 100 employees and federal contractors with fewer than 50 employees and contracts under $50,000 are exempt from this requirement. You must be in compliance with all reporting requirements on a quarterly and annual basis.

Charge Processing Procedures ◄

As an employer, you should encourage your staff to communicate any concerns directly to you if there is reason to believe the equal employment opportunity policy is being violated.

Also, the EEOC has field offices across the country. An employee or applicant for employment who believes he/she has been discriminated against can file a charge of discrimination at any EEOC field office.

Filing process: 1. EEOC will send a copy of the charge to the employer.

2. EEOC will immediately dismiss charges that raise no

legal claim under EEOC-enforced laws.

3. Otherwise, EEOC will investigate the charge to

determine whether there is reasonable cause to believe discrimination occurred. EEOC will request that the employer provide information on the matters raised in the charge.

4. If the evidence shows there is no reasonable cause to

believe discrimination occurred, EEOC will notify both the charging party and the employer, and the charging party will be given a notice of right to sue in court.

5. If the evidence shows there is reasonable cause to

believe discrimination occurred, EEOC will seek to conciliate the charge by working with the employer to achieve a voluntary resolution. In conciliation, EEOC will require the employer to provide the appropriate remedy(ies) for the discrimination.

6. If conciliation fails, the case may be litigated by EEOC



January 2014 C7

or the charging party.

Mediation ◄

EEOC has implemented a mediation program that is now available in most EEOC field offices across the country. Mediation is an alternative to the sometimes lengthy investigative process.

Benefits of mediation:

Participation in the mediation process is voluntary and provides an employer and the charging party the opportunity to discuss the charge before a neutral mediator and resolve it to the mutual satisfaction of all parties.

Mediation is quick, easy, informal, and confidential.

Mediation agreements are not an admission by an

employer of any violation of the laws enforced by EEOC.

Mediation agreements result in the closure of cases

with EEOC.

Remedies ◄

Under EEOC-enforced laws, principal remedies for unlawful employment discrimination include reinstatement or hiring, court orders to eliminate discriminatory practices, restoration of lost wages, damages, and attorney’s fees. An employer is responsible for the full amount of lost wages and attorney’s fees. Lost wages are not considered damages.



January 2014 C8

Regulatory Enforcement Fairness Act ◄

The Small Business Regulatory Enforcement Fairness Act (SBREFA) allows small businesses to comment about federal agency enforcement actions to an SBA Ombudsman. For information about this process and how to submit a comment, contact the Small Business and Agriculture Regulatory Enforcement National Ombudsman.

Technical Assistance ◄

The EEOC’s Technical Assistance Program Seminars (TAPS) are designed to educate employers and provide the technical assistance necessary to comply with federal laws prohibiting employment discrimination. TAPS programs are offered across the country, on a fee-for-service basis. To find out where and when TAPS programs are given, contact the nearest EEOC field office by calling (800) 669-4000.

Informal Guidance ◄

Employers who have questions about the laws enforced by EEOC or about compliance with those laws in specific workplace situations may seek informal guidance by writing to EEOC’s Office of Legal Counsel.

Publications ◄

EEOC publications (including text of the laws enforced by the EEOC, facts about employment discrimination, and enforcement guidelines and related documents) are available free of charge by writing the EEOC’s Publications Information Center.



January 2014 C9

Laws Regarding Harassment

Unfortunately, harassment in the workplace is an employee relations issue that has been the subject of increased court action over the years. The proportion of minorities in the workforce continues to increase, and social views have changed dramatically. To guard yourself and your employees against such claims, you should be aware of exactly what actions might be considered harassment. All employees should also read and sign the 16 Handles Sexual Harassment Policy (see Figure C.1).

Figure C.1 Sexual Harassment Policy



January 2014 C10

Sexual Harassment ◄

Sexual harassment is a form of unlawful sex discrimination. Sexual harassment includes any unsolicited sexual advances, requests for sexual favors, or any other sexually oriented action, object, or dialogue that may be considered by the recipient to be personally offensive, derogatory, or abusive. Examples include, but are not limited to, sexual bartering, personal touching, obscene jokes, derogatory or sexist comments, and/or suggestive material or objects (e.g., photos, posters, T-shirts).

Employers are responsible for maintaining a workplace that is free of sexual harassment. Employers may be liable for the unlawful conduct of their agents, supervisory employees, employees, and in certain circumstances, even non-employees who sexually harass employees at work.

Racial and Ethnic Harassment ◄

Harassment on the basis of an individual’s race or national origin violates Title VII. There are certain actions that are unlawful if the conduct creates an intimidating, hostile, or offensive work environment or unreasonably interferes with an employee’s work performance.

Unlawful actions: Racial or ethnic slurs, jokes, or other offensive or derogatory comments

Other verbal or physical conduct based on race or nationality

Employers are responsible for maintaining a workplace that is free of racial and ethnic harassment. Employers may be liable for unlawful conduct of their agents, supervisory employees, employees and, in certain circumstances, non-employees who harass employees at work.

Pregnancy Discrimination ◄

Under Title VII, discrimination on the basis of pregnancy, childbirth, or related medical conditions is unlawful sex discrimination. Title VII’s prohibition against pregnancy discrimination applies to all terms and conditions of employment, including hiring, termination, promotion, leave, and benefits.



January 2014 C11

Religious Accommodation ◄

Employers are required to provide an accommodation for employees’ sincerely held religious observances or practices unless the accommodation would impose an undue hardship on the employer’s business.

Prevention ◄

The following guidelines are recommended to prevent harassment situations from developing in your store:

Prevention techniques:

Develop a personal awareness of the harassment issue and what conduct might constitute harassment.

Make your employees aware of harassment issues, what conduct might constitute harassment, and what action will be taken if a harassment situation develops. Make clear that harassment of any kind will not be tolerated.

Do not allow sexual situations among employees or non-employees on the premises. Be alert to non-employee advances on employees.

Do not allow sexual overtones to interfere with employment decisions, such as hiring, work assignments, or promotions.

Never accept any advances or flirtations by employees. Impress upon your managers that supervisors dating employees is strongly discouraged.



January 2014 C12

Handling Harassment Situations ◄

All employees must be allowed to work in an environment free from harassment. Harassment deteriorates morale and interferes with productivity, and it must not be tolerated. Any employee who feels he/she has become the victim of harassment, including but not limited to the type of conduct presented here, by any manager, supervisor, employee, vendor, customer, or any other person in connection with employment at 16 Handles should bring the matter to the immediate attention of his/her supervisor or the Franchisee. Likewise, any employee who has knowledge of harassment should be encouraged to immediately report such incidents to the manager on duty or the Franchisee. Retaliations are not to be allowed against employees who report such situations.

Every effort will be made to promptly investigate all allegations of harassment in as confidential a manner as possible and take corrective action(s) as appropriate. So if a harassment situation develops in your store, proceed as follows:

Guidelines for handling:

Make every attempt to resolve the problem with the victim.

Interview the victim(s) in private and take down a written and signed statement from them.

Interview other employees as necessary to get a full scope of the incident.

Take corrective action as necessary. Suspend the employee causing the trouble, if necessary, while the investigation takes place.

Be sensitive to the concerns of all parties involved.

Keep dated records of all incidents, including how they were resolved.

Keep all information confidential.

Following thorough investigation, employees found in violation should be subject to appropriate disciplinary action, up to and including termination.



January 2014 C13

Immigration Reform/Control Act

The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for employers to hire any person who is not legally authorized to work in the United States. The Act requires employers to verify the employment eligibility of all new employees by requiring them to complete an Employment Eligibility Verification form (I-9).

You can obtain current I-9 forms by consulting the white pages of your local telephone directory under “United States Government.” Find the subheading for the “Unites States Citizenship and Immigration Service” for the number of the USCIS office closest to you. Request the booklet entitled, “Handbook for Employers: Instructions for Completing Form I-9.” It explains the Act and provides 2 sample forms, which may be photocopied as needed.

IRCA also prohibits discrimination in hiring and discharge based on national origin (as does Title VII) and on citizenship status.

IRCA’s anti-discrimination provisions are intended to prevent employers from attempting to comply with the Act’s work authorization requirements by discriminating against foreign-looking or foreign-sounding job applicants. These provisions apply to smaller employers than those covered by EEOC-enforced laws:

IRCA provisions: IRCA’s national origin discrimination provisions apply to employers with between 4 and 14 employees (who would not be covered by Title VII).

IRCA’s citizenship discrimination provisions apply to all employers with at least 4 employees.



January 2014 C14

Wage and Labor Laws

The Department of Labor administers and enforces the Fair Labor Standards Act (FLSA) through the Wage and Hour Division of the Employment Standards Administration.

What the FLSA Requires ◄

Basic requirements: Payment of a minimum wage

Overtime pay for time worked over 40 hours in a work-week (for hourly employees)

Restrictions on the employment of children

Record keeping and employee notice posters

The FLSA has been amended on many occasions since 1938. Check with Federal and State standards when you are for current requirements.

Compensation for overtime must be made at a rate of one and one-half times the employee’s regular rate of pay. Overtime is defined as work in excess of 40 hours per workweek (though not necessarily in excess of 8 hours per day).

Employers are required to keep records on wages, hours, and other items that are generally maintained as an ordinary business practice.

Child labor provisions are designed to protect the educational opportunities of youth and prohibit their employment in jobs and under conditions detrimental to their health or safety. Employees must be at least 16 years of age to work in most non-hazardous jobs and at least 18 years of age to work in jobs declared hazardous under the FLSA. Youths 14 and 15 years of age may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs under



January 2014 C15

the following conditions:

3 hours on a school day or 18 hours in a school week

8 hours on a non-school day or 40 hours in a non-school week

Between the hours of 7:00 a.m. and 7:00 p.m., except from June 1 through Labor Day, when evening hours may be extended to 9:00 p.m.

Wages required by the FLSA are due on the regular payday for the pay period covered. Deductions made from wages for such items as cash or product shortages, employer-required uniforms, and tools of the trade are not legal if they reduce the wages of employees below the minimum wage or reduce the amount of overtime pay due under the FLSA.

The Department of Labor may recover back wages, either administratively or through court action, for employees who have been underpaid in violation of the law. Violations may result in civil or criminal action. Fines of up to $10,000 per violation may be assessed against employers who violate the child labor provisions of the law and up to $1,000 per violation against employers who willfully or repeatedly violate the minimum wage or overtime pay provisions.

Exceptions: Certain occupations and establishments are exempt from the minimum wage and/or overtime pay provisions.

Special provisions apply to workers in American Samoa.

Where state law requires a higher minimum wage, the higher standard applies.

This law prohibits discriminating against or discharging workers who file a complaint or participate in any proceedings under the Act. However, for the FLSA to apply there must be an employment relationship between an employer and an employee. The FLSA also contains some exemptions from these basic rules. Some apply to specific types of businesses and others to specific kinds of work.



January 2014 C16

What the FLSA Does Not Require ◄

Non-regulated areas:

Vacation, holiday, severance, or sick pay

Meal or rest periods, holidays, or vacations

Premium pay for weekend or holiday work

Pay raises or fringe benefits

A discharge notice, reason for discharge, or immediate payment of final wages to terminated employees

Pay stubs or W-2 forms

The FLSA does not provide wage payment or collection procedures for an employee’s usual or promised wages or for commissions in excess of those required by the FLSA. Also, the FLSA does not limit the number of hours in a day, or days in a week, an employee may be required or scheduled to work, including overtime hours, if the employee is at least 16 years of age. However, some states do have laws covering some of these issues, such as meal or rest periods or discharge notices, which would then apply.

These types of matters that are not covered by the FLSA are generally for agreement between the employer and the employees or their authorized representatives.

FLSA Minimum Wage Poster ◄

Every employer who has employees that are subject to minimum wage provisions under the FLSA must keep posted in a conspicuous place a notice explaining the Act so as to permit employees to easily read it. The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor.

For additional information regarding the FLSA, contact the nearest Wage and Hour Division office, listed in most telephone directories under United States Government, Labor Department. Information is also available online at www.dol.gov/elaws.

http://www.dol.gov/elaws



January 2014 C17

It is your responsibility to ensure you are in compliance with all Federal and State laws.



January 2014 C18

Job Descriptions

The Franchisor has developed a breakdown of responsibilities by position to help you assign duties to your employees. These position descriptions are presented on the pages that follow, and they describe a

specific roleindividual employees will come and go, but a set of duties will remain.

Even though each job description outlines specific tasks, make sure your employees understand there may be times when they are asked to perform a duty that falls under a different job description to keep the operation running smoothly. Promote teamwork!

Manager ◄

Reports to: Franchisee

Hours: Approximately 5 days a week, 10 to 12 hours a day, including evenings, weekends, and holidays

Position Summary: Administers and manages day-to-day operations for a single 16 Handles store. Maintains positive employee relations, hires/fires employees, exceeds customer expectations, manages inventory, maintains relationships with suppliers and increase sales and profitability.

Work Environment: Hands-on store setting

Non-smoking

Work area includes food, knives, and slippery floors.

Experience: Minimum 1 year retail or store supervision and/or high performance as a 16 Handles employee

Technical Skills/

Training/Certification:

Experience working with P&L statements, budgets, and cost controls

Experience in handling applicable government agencies

Certified by NRA (or local health department) in food handling



January 2014 C19

Basic PC knowledge

Ability to read company materials

Physical

Requirements:

Bend, stoop, and reach in order to receive inventory, stock, serve customers, and clean store.

Carry up to 50 lbs.

Stand and walk on a hard surface for 10 to 12 hours a day.

Quickly identify safety placards and hazardous situations to avoid or minimize injuries.

Identify food quality through taste, texture, color, and odor.

Use small tools that require good manual dexterity.

Tolerate up to 45 minutes in walk-in cooler at

temperatures as low as 32F during inventory.

Responsibilities:

Supervise all employees in every phase of product preparation and guest service.

Properly select employees by screening, interviewing, and checking references.

Motivate employees to achieve maximum effectiveness.

Provide employee training according to company guidelines and cross-train employees so they are able to perform multiple functions.

Increase employee retention.

Keep labor costs and food costs in line with budget.

Maintain superior food quality.

Evaluate the performance of each employee.

Discipline and terminate employees as necessary.

Produce the weekly work schedule.

Calculate payroll for all employees.

Handle all monies and bank deposits in a safe and responsible manner.

Manage all inventory levels and ordering.

Adhere to company policies and specifications.

Exceed customer expectations.



January 2014 C20

Meet and exceed profit and loss goals.

Increase sales over previous year.

Locally market the store to potential customers.

Maintain the safety and security of the store and the team.

Create and maintain a positive work environment.

Ensure customers minimum transaction times.

Keep the store’s cleanliness and sanitation at or above standards set by the company and the local health department.

Generate all necessary operational and financial reports.

Ensure compliance with all state and federal health regulations.

MOD/Shift Leader ◄

Reports to: Manager

Hours: Part-time, including opening, closing, weekends and holidays

Position Summary: Responsible for the store during his/her shift. Oversees front of house operations, administrative duties and floor maintenance. Acts as Manager if manager is absent.

Experience: At least 1 year working as a supervisor in a retail or store environment.

Technical Skills/


Basic knowledge of PC functions (Excel, Word)

Ability to read company materials (e.g., recipes, charts, training materials, etc.)



January 2014 C21

Proven customer service skills

Great phone skills

Physical

Requirements:

Bend, stoop, and reach to stock shelves, serve customers, and clean the store

Stand and walk on hard surface for 8 hours a day

Quickly identify safety placards and hazardous situations to avoid or minimize injuries and property damage

Identify food quality through taste, texture, color, and odor

Responsibilities: COMPANY POLICIES

Opens and closes the business

Implements all business procedures

Recommends policy changes and suggests operational improvements to Manager

Authorized to utilize corrective action for employee behavior

Authorized to provide discounts on the POS

EMPLOYEES

Communicates directly with all team members

Recommends promotion and firing to Manager

Conducts evaluations with Manager

Coordinates monthly employee meetings

Trains new employees

INVENTORY/SUPPLIERS

Orders and tracks inventory

Minimizes waste

Monitors usage and implements flavor/toppings changes as necessary

FINANCIAL PERFORMANCE

Handles deposits, change orders and is responsible for cash during his/her shift

Manages unit with labor and sales in mind

Updates weekly accounting



January 2014 C22

Team Member/Cashier ◄

Reports to: Manager


Position Summary: Provides customers with outstanding, friendly service in a timely manner

Work Environment: Hands-on store setting

Non-smoking

Work area includes food, knives, and slippery floors

Constant interaction with employees and customers

Experience: Some experience in a retail or restaurant environment

Technical Skills/


Basic knowledge of PC functions

Ability to read company materials (e.g., recipes, charts, training materials, etc.)

Proven customer service skills

Great phone skills

Physical

Requirements:

Bend, stoop, and reach to stock shelves, serve customers, and clean the store

Stand and walk on hard surface for 8 hours a day.

Responsibilities: Product knowledge

Assist customers with menu items by suggestively selling items

Restock front line

Maintain efficient service times.

Communicate with other team members about product quality, product shortages, and customer comments.

Accurately ring up orders and make change.

Assume responsibility for all cash, coupons, and promotions.

Maintain cleanliness and sanitation of store (specifically your work area).

Perform other duties as assigned by management.



January 2014 C23

Utility Member ◄

Reports to: MOD/Supervisor


Position Summary: Primary duty to maintain the cleanliness of the store (front of house) and prep fruit. Secondary duties include back-of-house support (restocking and cleaning)

Experience: Some experience in a retail or store environment

Physical

Requirements:

Constantly on the move with cleaning

Bend, stoop, and reach to stock shelves, serve customers, and clean the store.

Stand and walk on hard surface for 8 hours a day.

Responsibilities: Prep fruit and toppings.

Restock front line.

Sweep and mop floors.

Clean toppings counter and maintain integrity of each topping.

Maintain trash cans.

Clean and maintain machines.

Re-stock yogurt and toppings.



January 2014 C24

Recruitment

Selecting employees is the first major step you can take to help your store be successful. Finding good employees is not always easy. The key to obtaining the right people for the right positions at the right time is an involved process, from finding the people, to making an offer, to signing the W-4. But it is a necessary process because the success of your franchise depends to a large extent on your ability to hire people who can best perform the job.

The information included in these next discussions has been assembled to enable you to properly staff your store without resorting to desperate measures or sacrificing standards, whether you are staffing a new store or hiring a single employee at any stage of your store’s development. However, understand that the employees you hire are your employees,

not those of Yo Fresh, LLC. Thus, the guidelines that follow for hiring are recommendations based on what the Franchisor has found to be effective; you may utilize other methods if you prefer. Remember that your employees are a reflection of your business and you. Their appearance, manner of speech, and treatment of customers will strongly impact the success of your business.

Employee Profile ◄

The first step in preparing to hire is determining what traits are important for employees. You can teach employees the technical skills of a

jobtaking orders, preparing menu items, transacting sales, etc.but you can’t teach people positive attitudes, values, and strong work ethic.

Think about what you are trying to accomplish. The primary objective is to place the right number of employees in positions who can do the job,

will do the job, and fit with your store and the job. You may have

secondary objectives, such as developing your staff (grooming some for management roles), controlling expenses, or maybe even helping people with difficult personal situations. But keep the primary objectives as your main focus, or you will only get frustrated when hiring employees.

Below are some employee traits that define can do, will do, and fit.

These are traits to look for in any employees you hire.



January 2014 C25

A positive attitude can be infectious. Employees who value their work will pay dividends for your

store. Employees with good attitudes are generally motivated and willing to pitch in and do what has to be done to accomplish the task. Employees with positive attitudes are generally more open to constructive criticism and want to perform tasks properly.

Availability is definitely a critical factor. Of course, you need to hire people who are available during the hours

your store is open. Since your business may be open more than 10 hours a day, 2 shifts are needed to adequately staff the store. Look for employees who are willing to be called upon to work shifts other than the one they are specifically assigned. Availability to work opening and closing shifts and on the weekends is an area you will want to discuss during the interview.

Many of the applicants you will interview will not have had any experience working at 16 Handles.

Therefore, a teachable spirit is very important. While some applicants may have worked in a specialty food store before, they must be able to learn how things are done at your 16 Handles store.

Many customers will form opinions of your store based on the first person they meet.

Whether or not their opinions are valid, it is important that their first impression is positive. Appearance plays an important part in forming first impressions. If an employee’s uniform, hair, and hands are clean

and well-keptand if the employee is courteouschances are customers will form a positive first impression.

Maturity is not just age-related. Many young employees are very mature for their age, and the reverse can also be

true. It is good to have a mixture of all ages working together; they will learn things from each other. Maturity can also present itself in other ways. For example, if you have a busy store, you will want to look for employees who have had experience working in pressure situations. You also want to look for employees who are capable and willing to take a leadership role.

An outgoing personality is obviously important because you want your customers to be

greeted and spoken to courteously and enthusiastically. You want to hire employees who are not intimidated by speaking to people they don’t know. People with outgoing personalities tend to be happy and friendly

■ Positive attitude

■ Availability

■ Teachable spirit

■ Professional appearance

■ Maturity

■ Outgoing personality



January 2014 C26

people and this will spread throughout your store and reach your customers.

Look for applicants with initiative; you don’t want to have to be telling your employees what they are supposed to

do every minute of the day. They should be able to see what needs to be done and take the initiative to complete tasks without having to be asked. Initiative also means going beyond what is required to complete a job and constantly looking for ways to do tasks better.

When thinking about staffing your store, consider each applicant’s flexibility and willingness to be called upon to

work when not scheduled, either coming in to work or staying over to assist after a scheduled shift. Also consider each applicant’s ability to work the busy times as well as the slow times.

Integrity is very important in business. It is much more than just hiring employees who will not steal money from

the cash register. Integrity also involves applicants being truthful about their work experience, what hours they are available to work, accurately recording time worked, etc.

People who take pride in their work are generally better employees. You want to hire people who take pride in

themselves: their appearance, work ethic, work experience, accomplishments, etc. And then you want those people to take pride in working in a clean store that serves great frozen yogurt.

Since high staff turnover is often prevalent in the food service business, you must work even harder to recruit

employees who will have a sense of loyalty to their workand, as a result, 16 Handles. Look for individuals who show an interest in working with a company that pays a good wage for a job well done and offers potential for growth.

Since many of the functions of the employees at your store revolve around interacting with

customers, the ability to communicate effectively is key. Customers will look to your employees to provide information regarding your products. Your employees’ ability to interact and answer questions from customers will only add to an overall positive customer experience.

■ Initiative

■ Flexibility

■ Integrity

■ Pride

■ Loyalty

■ Good Communicator



January 2014 C27

Determining Hiring Needs ◄

Whenever the decision is made to hire personnel, you must first determine your immediate and long-term needs, the hours per week you need to cover, and several other crucial factors. Before proceeding, ask yourself: How many hours per week do we need help? Does the level of business justify paying an additional employee? Am I ready to accept the responsibility of scheduling, training, and trusting a new employee?

Recruiting employees should be an ongoing process. Be proactive in

hiringnot reactive. Plan for the different times of the year when you can expect to have increased turnover or increased levels of business due to holidays, community events, etc.

Depending on the season and how busy your store is, you’ll need as much as 500 working hours and as little as 200 hours. Refer to the Staff Scheduling Guide (see Figure C.8, page C-72) and the Initial Team section to get a better sense of how you will need to schedule based upon daily sales.

Spreading the Word ◄

To begin the recruitment process, you need to spread the word that you are looking to hire. There are many ways you can do this.

Ways to spread the word:

Consider promoting from within.

Place Classified ads in local, city, high school, and university newspapers.

Post jobs on the Internete.g., Monster.com or craigslist. Use the Employment Ad (see Figure C.2, page C-29) provided by the Franchisor as a template for your ads.

Encourage referrals from current employees by offering a referral bonus for employees who work for 6 months.

Place ads in alternative publications—e.g., church or school bulletins, community brochures (Chamber of Commerce, Rotary, Better Business Bureau),



January 2014 C28

professional organization publications, community publications.

Display signs in public—e.g., billboard and street signs, ads on everyday materials, notices on bulletin boards (public library), new store opening signs, storefront signs.

Post ads on the websites of local high schools and colleges.

Place flyers on job boards or bulletin boards at local high schools and colleges—placement office, admissions office, financial aid office, relevant departments (retail, business, general studies, hotel/motel management, etc.), student government or student council, professional student groups.

Notify local college/university job lines. Get maps from local real estate agencies to know what schools, organizations, etc., are in the area. Set up a face-to-face meeting, and suggest either a recruiting partnership or an internship program.

Distribute information to community organizations—e.g., church groups, school boards, professional clubs (Rotary, Masons, Lions), parent groups, community groups, 4-H clubs, Girl and Boy Scouts.

Distribute information during a neighborhood walk—e.g., local retailers, real estate offices, doctor/dentist offices, other service provider centers, theaters, recreational centers, housing projects, apartment complexes, churches, community centers.

Encourage employees to spread the word.

If you are recruiting to initially staff your new store, conduct an open house for prospective candidates and other relevant contacts (parents, teachers, church officials, career center staff, guidance counselors, etc.).

Always accept applications even if you do not have a



January 2014 C29

position open at that time.

Figure C.2 Employment Ad

If you decide to place ads in local publications, try to coordinate the ads to run on your slowest days in case you are overwhelmed with responses. You may want to specify certain hours to call, or stipulate that interested persons must “apply in person.”

Employment Applications ◄

Once you have spread the word that you are looking to hire, you will begin to receive responses from interested applicants. The application form can provide you with important information about an applicant. For this reason, have all applicants fill out an Employment Application (see



January 2014 C30

Figure C.3) when they apply in person for a job. To ensure applicants

complete their own application, don’t allow blank applications to leave your store.

Even if you have not advertised for a position, people may come in to see if you are accepting applications. You should leave extra employment applications at the cashier counter. Accept all applications, even if you are not looking to hire. This will ensure that everyone has an equal chance to apply, and it will enable you to build a reserve of applicants should you have an opening. Make sure your employees are aware of this practice. Also, always have applications readily available at the front of the store by the cashiers.

You will also have the ability to accept applications through the 16 Handles website by updating your microsite information, your Franchise Business Consultant will assist you with this process.

Figure C.3 Employment Application

When each applicant has completed filling out the application, the manager on duty should accept the application and spend a few minutes with the applicant (this is considered the first interview).

Pre-screening guidelines:

Make sure the applicant understands exactly what you are looking for in terms of availability. Then ask the applicant what hours and days he/she would be available to work. Make note of the applicant’s response.



January 2014 C31

Review the application with the candidate to check for missing or confusing information.

Determine the applicant’s ability to meet the attendance requirements of the position. Again make note of the applicant’s indications.

Make a mental note of the applicant’s appearance.

Explain that all completed applications will be reviewed and then interviews will be scheduled with potential applicants.

Never write comments directly on an application. Applications for employment are considered legal documents, which are admissible in court.

As you review applications, ask yourself the following questions:

Reviewing applications:

Is the application form filled out neatly and completely? Evidence of corrected mistakes, for example, can be an indication of an applicant’s level of care when working. Did the applicant follow instructions? Check to see if the information provided answers the questions. Do the answers make sense? Are they logical? Are there numerous spelling and grammatical errors?

Is the employment history solid, credible, and relevant?

Are there logical transitions between each job? Or significant time between positions?

What were the reasons for leaving each job? (If the reasons had anything to do with a conflict between the applicant and a supervisor or co-worker, don’t waste your time interviewing the applicant.)

Is the applicant’s earning history within the range of the position?

Does the applicant show an increase in pay at



January 2014 C32

the previous position held?

Has the applicant worked in the food service industry?

Does the applicant have managerial or supervisory experience (if applicable)?

Is the applicant legally eligible to work in the United States?

What type of employment is desired? When interviewing, be sure to discuss your definition of full- and part-time employment. Make sure applicants understand exactly what you are looking for as far as availability.

Can applicants meet the attendance requirements of the position? Again, reiterate your requirements as far as hours needed per week.

Has the applicant answered “Yes” to being convicted of a felony? You can screen out these applicants if you can tie their conviction to an issue related to the job you are looking to fill.

What types of activities is the candidate involved in?

Did the applicant list references? If so, are the references previous supervisors or co-workers?

Did the applicant sign and date the back of the application form?

Determine which applicants are qualified for the job based on educational background and work experience. If you like what you see on the application, the next step is to schedule the applicant for an interview. Call potential applicants and set up a time that is mutually convenient for the interview. Make sure interviews are scheduled only when you know you will have at least 15 minutes of uninterrupted time to spend with an applicant.



January 2014 C33

Interview Process ◄

Although interviewing takes time, you should conduct personal interviews with everyone you hire. This personal contact gives you another opportunity to evaluate the suitability of an applicant and may protect you from losing time and money by hiring the wrong person for the job.

Before interviewing, review the Do’s and Don’ts on the next page so you

can get the most out of the interview. Also, always review the application one more time prior to the candidate arriving for the interview.

? Is the application legible and intelligible?

? Have all parts of the application been completed?

? What reasons did the applicant give for leaving

previous jobs?

? Is job-hopping evident?

? What specialized skills or experience does the

applicant have that relates to the position you are looking to fill (e.g., management, customer service, etc.)?

? Are references available



January 2014 C34

Interviewing Do’s and Don’ts

Do conduct the interview in a quiet, private,

comfortable place.

Do try to put the applicant at ease from the

start with brief, friendly conversation.

Do show interest in the applicant.

Do clearly outline the requirements and

essential elements of the job.

Do explain all conditions of employment.

Do encourage the applicant to ask

questions and talk about himself/herself.

Do listen; an applicant should do most of

the talking.

Do ask questions that are specific to the

position you are looking to fill.

Do close the interview by providing

information about the next step in the process, if applicable.

Do minimize cues about your interests,

biases, etc.

Do use the applicant's name from time to

time.

Do Listen actively: Talk 20%; Listen 80%.

Do be genuine.

Don’t keep an applicant waiting; this

increases anxiety and could give the applicant a negative impression.

Don’t encourage interruptions from staff.

Don’t build false hopes.

Don’t oversell the position.

Don’t give opinions; only provide answers

to any questions that are asked.

Don’t prejudge an applicant.

Don’t develop a “canned” interview.

Don’t use inappropriate or non-job-related

excuses to turn down a candidate.

Don’t send an applicant away upset or

angry. Applicants are also potential customers. Make sure they leave with a positive feeling, whether or not you plan to offer them a job.

Don't hire applicants who are constantly

changing jobs.

Don't offer the applicant a job during the

interview and expect an answer. If you do offer the job, give them time (one to two days) to consider the job and reply with an answer.

Be aware of red flags. Job hopping No references Missing information Time gaps between jobs Vague or negative reasons for leaving previous jobs

Plan to conduct interviews in a room, location, or even in the store where you will not be disturbed. Give your full attention to the applicant, and remember that most applicants are nervous during interviews. Try to make the applicant feel as comfortable as possible.



January 2014 C35

The interview process is designed to make qualified judgments about an applicant’s suitability for a job. Unfortunately, many interviewers either don’t have a clear picture of what the job requires or they let non-job-related factors influence their thinking. Either way, they ask questions that don’t appropriately relate to the job, thereby placing themselves and the company in a legally vulnerable position.

All questions used during the interview process should center on the applicant’s ability to do the job, availability to work the hours required,

willingness to accept the salary/wage, conformity to 16 Handles

standards for such things as grooming, punctuality, appearance, and apparent demeanor. Questions asked during the interview process

should never suggest any biases. Each question must be directly related to the requirements of the job and not suggest assumptions about any protected class or group.

Those five categoriesability, availability, willingness, conformity, and

demeanorprovide a starting point for you to use as you interview applicants for positions in your store. Think about what you need to know about the applicant and why you think that characteristic relates to the job. However, also keep in mind that the Equal Employment Opportunity Commission has an opinion about what you need to know, and you are required to live by those standards (see “EEOC Pre-

Employment Inquiry Guidelines” on next page).

During an interview, if an applicant volunteers information that you aren’t permitted to ask (e.g., family status), this does not give you license to discuss the matter further. Instead, you must redirect the conversation to job-related factors and make it clear that you won’t use the unqualified information as part of the decision-making process.



January 2014 C36

EEOC Pre-Employment Inquiry Guidelines

SUBJECT LAWFUL INQUIRIES UNLAWFUL INQUIRIES

Address/ Residence

Applicant’s address. Inquiry into place and length of current and previous addresses. “How long a resident of this state or city?”

Specific inquiries into foreign addresses that would indicate national origin. Names or relationship of persons with whom applicant resides. Whether applicant owns or rents a home.

Age Minor. You can inquire proof of age in form of work permit or certificate of age.

Discrimination against persons who are between 40 and 70 years of age is forbidden by EEO law.

Arrests/ Convictions

Inquiry into actual convictions that relate reasonably to fitness to perform a particular job. (A conviction is a court ruling where the party is found guilty as charged. An arrest is merely the apprehending or detaining of the person to answer the alleged crime.)

Since arrest does not establish guilt, any inquiry into arrests is unlawful.

Citizenship You may tell applicants that, if hired, they will be required to present proof of citizenship or right to work prior to starting the job. If hired, asking if they have such proof is legal.

“What country are you a citizen of?” Whether an applicant or his/her spouse or parents are naturalized or native-born U.S. citizens. Date when applicant or parents or spouse acquired U.S. citizenship.

Credit Report None Any inquiry concerning an applicant’s credit rating, charge accounts, past assets or liabilities, or garnishments.

Education Applicant’s academic, vocational, or professional education, including school attended. Inquiry into language skills, such as ability to read, speak, and write in foreign languages.

Dates of attendance or completion of elementary or high school. Inquiries asking specifically the nationality, racial, or religious affiliation of a school. Inquiries as to what the mother tongue is or how foreign language ability was acquired.

Family None Cannot inquire concerning an applicant’s spouse or spouse’s employment or salary, number of children, childcare arrangements, or marriage plans.

Disabilities Can inquire concerning specific disability that might affect an applicant’s ability to perform job requirements. If the answer is “yes,” a follow-up question should be asked: “Is there anything that can be done to accommodate your disability so you could do the job?”

“Do you have any handicaps?” or any general inquiry as to diseases an applicant may have had. Questions regarding receipt of worker’s compensation.

Language Can inquire into an applicant’s ability to read, speak, or write specific languages when such skills are related to the job for which the person is applying.

Cannot inquire as to how an applicant acquired the ability to read, speak, or write a foreign language.



January 2014 C37

EEOC Pre-Employment Inquiry Guidelines (cont.)

SUBJECT LAWFUL INQUIRIES UNLAWFUL INQUIRIES

Marital Status None Cannot inquire as to an applicant’s marital status.

Military Record

Type of education and experience in service as it relates to a particular job.

Type of discharge. Questions regarding service in a foreign military.

Name “Have you ever been employed under another name that I should know to check references?”

Inquiries about the name that would indicate an applicant’s lineage, ancestry, national origin, or descent. Inquiries into previous name of applicant where it has been changed by court order, marriage, or otherwise.

National Origin None Cannot inquire concerning an applicant’s lineage, descent, birthplace, native language, or origin of the applicant’s parents or spouse.

Organizational Membership

“Do you belong to any organization in which you’ve gained experience that you think may be related to this job?”

“List all of the clubs, societies, and lodges to which you belong.” General questions regarding organizational memberships that are not job-related.

Pregnancy None Cannot question regarding an applicant’s past or present pregnancies and future plans concerning pregnancy.

Race/Color None Cannot inquire concerning race or physical characteristics, such as height or weight.

Relatives/ Friends

Names of an applicant’s relatives already employed by the company. Names and addresses of parents or guardian of minor applicant.

Name or address of any relative of adult applicants. “With whom do you reside? or “Do you live with your parents?”

Religion/Creed Statement by employer of regular days, hours, or shifts available.

Questions regarding an applicant’s religion. Religious days observed or “Does your religion prevent you from working weekends or holidays?”

References “By whom were you referred for a position here?” Names of persons willing to provide professional and/or character references for applicant. Name of person who suggested that applicant apply for a position at the company.

Require the submission of a religious reference. To request a reference from an applicant’s pastor.

Salary Questions concerning salary history and whether the salary being offered is acceptable.

Any inquiries or statements that might suggest that men and women or minorities and non-minorities are paid at different rates for work of equal value.

Sex None Cannot inquire concerning an applicant’s sex or sexual orientation.



January 2014 C38

When conducting interviews, remember that first impressions will tell you a lot about an applicant who wants to be hired. Be observant throughout the interview. Your goal is to collect enough information on the applicant to make an informed decision. But at the same time, you must develop an accurate picture of the job for which you are hiring and communicate that to the applicant. You also want to present a positive

and accurate picture of 16 Handlesone that will impress qualified applicants and help them make the decision to work for you.

Interviewing guidelines:

Greet the applicant with a friendly smile and a handshake.

Interviews should be at least 15 minutes long depending on position. For cashiers/team members, interviews will generally be shorter than interviews for supervisors/managers.

Engage in small talk before moving to the actual interview.

Keep a folder of resumes/applications in case a need for hiring comes up in the future.

Give the applicant some background and history of 16 Handles. Explain the business and the organization’s philosophy. Provide information about the specific job, such as hours, duties, advantages and disadvantages, and conditions of the job.

Inform the applicant of some of the more labor intensive tasks required such as carrying boxes, moving inventory, mopping and cleaning.

When you ask a question, wait for the applicant to respond; resist the temptation to converse. Acknowledge responses by nodding your head or by saying “Go on” or “That’s interesting.” Use brief silence to let the applicant know you want more information; silence can be a powerful tool for eliciting additional information.



January 2014 C39

Ask open-ended questions to encourage the applicant to give more than just a “yes” or “no” response. For example:

What has been your favorite job? What specifically did you like about that job?

What didn’t you like about your prior employment?

Describe any job experience or skills that would benefit you in this position.

Talk more about your reasons for leaving prior jobs.

How do you feel you got along with previous co-workers, managers, and supervisors?

Describe your best trait. Your worst trait.

What would you do if a customer becomes rude or difficult? How would you handle the situation?

What attracted you to apply for this position? What would you like to accomplish if hired?

What can you bring to this job?

What are your goals? Where do you see yourself in 10 years?

Ask job-specific questions to give you a better sense of the applicant’s abilities. For example:

Cashier:

What cash handling experience do you have?

If a customer came back with change for a $10 bill and claimed that he/she gave you a $20 bill, what would you do?



January 2014 C40

If a customer came to you and demanded a refund, what would you do?

If the applicant is applying for a management position, ask some role-playing questions to give you some insight as to how the person would handle different situations. For example:

May I speak to your manager?

I need help. May I use the bathroom?

There is something wrong with my frozen yogurt. Can you help me with this problem?

I have an allergic reaction to certain foods. Can you tell me what this is prepared with?

What time do you close/open? What days of the week are you open?

I’m an inspector of sanitation for the city. Can you walk me through the building?

Observe the applicant’s body language. Is there a level of enthusiasm? Does the person sound confident? Does the applicant consistently make eye contact? Is the person alert and attentive?

Take notes during the interview (but not on the application). Keep them brief; your focus needs to be

on the person you are interviewingnot on the notes you are taking.

Don’t let your facial expressions, tone of voice, or gestures reveal your feelings. Don’t try to embarrass the applicant, make moral judgments, or give opinions. And don’t rush the applicant by looking at your watch.

If the applicant gives you an incomplete answer to a question, ask for clarification or ask additional follow-up questions to obtain clarification.



January 2014 C41

Ask follow up questions whenever possible such as “Why do you think so?”, “Why do you feel that way?”

Use your intuition. If something doesn’t feel right, investigate. Sometimes uncomfortable facts have to be uncovered, but better now than later. If you are unsure about the applicant, consider asking the individual to return for another interview or asking one of your managers to interview the applicant. Many times you are better able to determine what an applicant is really like on a second interview; generally, the individual is less nervous during that time.

If you feel you may want to hire the applicant and the applicant shows interest, provide some additional job information: specific job duties and expectations, pay and benefits, scheduling and vacation, opportunity for advancement, the 16 Handles philosophy. Also ask permission to call the applicant’s references.

End the interview on a positive note. Let the applicant know what the next step in the process will be and when to expect notification of your decision.

Sample Interview Questions

General Questions How did you happen to apply here?

Tell me about yourself. What do you enjoy or dislike?

What part of the job do you think will be most difficult for you?

If the manager tells you to do something a certain way and you think there is a better way to do it, how would you handle the situation?

Of all the jobs you have had, which job did you like most and why?

Of all the jobs you have had, which job did you like



January 2014 C42

least and why?

Why are you/did you leave your last place of employment?

If I were to speak to your last boss, what would s/he say about you?

What type of management style do you prefer? Think about your previous managers and what they did/did not do.

What motivates you?

What are you looking for in a job? Describe your ideal job.

What aspects of this job interest you?

What aspects do you think you will do best?

What aspects do you think will be most difficult?

Describe your way of dealing with people who resist your ideas or suggestions.

What are your goals? Short term and long term

What are the minimum and maximum number of hours you would like?

Are there particular days or times that you must have off regularly due to outside activities?

How long do you plan to work here if hired?

When can you start?



January 2014 C43

Throughout an interview, be prepared to end the interview at any time based upon knowing that a candidate will or will not suit 16 Handles’ needs. Done discreetly, this will not waste your time or that of the applicant.

Above all, remember to consistently use the same job-related criteria for all applicants. As you consider the applicants you have interviewed, keep in mind that you should make your selection on the basis of ability as demonstrated by past performance, employment history, and education. Past performance is usually the best predictor of future job successes.

Reference Checks ◄

After the initial interviews are completed and you have narrowed your pool of applicants down to those who seem most qualified, you need to do some checking into their past history and personal integrity. If there is anything that would keep you from hiring a person, you want to know that now, not later.

Check into an applicant’s employment history to verify the information the applicant provided and to gain some additional insight into the applicant’s work habits. Make sure you always receive authorization from an applicant to speak to references before actually contacting them. Then be sure to contact at least 1 of the references provided and contact at least 2 previous employers to verify employment, position, and job tasks.

Use an applicant’s previous employers to complete a Reference Check

(see Figure C.4) on each employer. (If the applicant has very little

employment history, use personal references to complete the form.)



January 2014 C44

Figure C.4 Reference Check

When checking references, open the conversation by using a friendly tone and asking the reference to “help you” with your hiring process by providing information. Some companies will be hesitant about releasing information on prior employees, so at a minimum, try to establish whether an applicant did work at the place of employment and the dates of employment. If you are not successful with any of an applicant’s references, contact the applicant and request that the applicant contact his/her references and have the references call you. The most critical question to get answered by a reference is whether or not the individual is eligible for rehire.

Before the second interview, forward the completed forms to the manager who will be conducting the second interview. This will enable the manager to question any challenging information that may have been obtained through the reference check process.



January 2014 C45

Job Offer ◄

Making the final hiring decision is the last step in the recruitment process. The decision you make should be based on several factors, all of which should be considered.

Hiring factors: Information obtained from the interview(s)

Information obtained from the reference check

Ability to work legally in the United States

Once you have considered your hiring criteria and the characteristics of all applicants, and you are satisfied with your choice, contact the successful applicant and make an offer of employment.

Offer inclusions: Position being offered

Rate of pay

Hours to be worked

Benefits associated with the position being offered

Start date

Dress code

Training schedule

When applicants accept an offer for employment, be sure to confirm start date, dress code, and training schedule. Also provide them with any reading materials you would like them to read prior to their first day – the team member training manual and/or handbook. The best way to communicate with new hires is to send them a “Welcome to 16 Handles” (see Figure C.5) email. When emailing them follow the template below.



January 2014 C46

Figure C.5 New Hire Email

Every applicant who has been interviewed should receive a response. When applicants have been eliminated, notify them within 2 or 3 days. Just call those applicants and explain that you have selected another applicant who better meets your needs. You are not obligated to explain your reasons for not hiring an applicant, and volunteering such information may be asking for trouble.

While you are not required to contact applicants who have been interviewed, remember that each applicant is a potential customer of your store. For this reason, it is in your best interest to treat all applicants with concern, respect, and courtesy. Applicants who feel dissatisfied with your hiring process may pass that feeling along to others; don’t let poorly handled rejections come back to haunt you at a later time.



January 2014 C47

Initial Team ◄

Depending on each team member’s and MOD’s availability, the Franchisor recommends hiring a team that includes the following:

Position Number of Employees Manager/Asst. Manager 1

Supervisor (MOD) 3

Cashier AM Shift: 2 Mid Shift: 1 Closing Shift: 4

Team Member AM Shift: 2 Mid Shift: 1 Closing Shift: 4

Utility/Prep: AM Shift: 1 Closing Shift: 1

TOTAL:

20 EMPLOYEES

The MOD and team member hiring processes should begin 1 month and 3 weeks, respectively, before you open the store. Initially you will likely experience a high turnover rate when you first begin. The hiring process will likely continue to occur for the first month or two as you will be dissatisfied with some employee’s performance and other employees will voluntarily leave. You should expect to have a core team after the first month or two of being in business. The number of employees you initially hire will depend:

The season and your sales expectations

The number of part time and full time workers

Each employee’s availability

Your day-to-day involvement During the peak seasons you will likely need 20-25 employees and during the slow seasons about 15 employees. Again the number of employees will depend on their availabilities and how you involved you plan to be with the business.



January 2014 C48

Developing Personnel Policies

As a business owner, you must develop personnel policies or an Employee Handbook that clearly define guidelines for conduct. Once developed, you will then need to modify and expand these policies as your business grows and changes.

To ensure consistent and uniform enforcement of the policies you establish, the Franchisor recommends that you develop a policy manual to serve as a code of conduct (your Franchise Business Consultant will provide a template manual for your use). As a Franchisee and business owner, you must establish policies to suit your particular operation. The Franchisor can provide an example of an Employee Handbook. The list of topics below will give you an idea of the subject areas for which you should create formal policies. Always make sure the personnel policies that you do establish conform to applicable laws. Utilize the Franchisor’s policy/employee handbook as a guideline for your own handbook. Whenever you create a new or revise the existing handbook, be sure to receive approval from the Franchisor before utilizing it.

Whenever you issue a policy manual, obtain a signed acknowledgement from the employee to verify receipt and understanding of the handbook. File the signed acknowledgement in the individual’s personnel file.

Subject Area Policy Statement

Non-

Discrimination

Trial Period



January 2014 C49


Break Periods

Personnel Files

Personnel Data

Changes

Inclement

Weather/Emergency

Closings

Performance

Reviews



January 2014 C50


Outside

employment

Corrective Action

Employment

Termination

Safety

Health-Related

Issues



January 2014 C51


Employee

Requiring Medical

Attention

Store Security

Non-Working

Hours

Insurance On

Personal Effects

Supplies And

Expenditures



January 2014 C52


Parking

Immigration Law

Compliance

Free Yogurt

Attendance/Punctuality

Requesting Time Off

(RTO)



January 2014 C53


Absence Without

Notice

Harassment,

Including Sexual

Harassment

Telephone Use

Uniform/Proper

Attire

Substance Abuse



January 2014 C54


Tobacco

Products

Computer and

Internet Use

Wage Or Salary

Increases

Timekeeping



January 2014 C55


Paydays

Staff Meetings

General

Communication

Procedure For

Handling

Complaints

Confidentiality



January 2014 C56

Hiring on a Trial Basis

Implementing a trial period helps determine the value of a new employee. It also helps to see if the fit is good for both 16 Handles and the new employee. And if it’s not, the trial period provides a structure that makes it possible for either you or the employee to end the working relationship.

The Franchisor recommends a trial period of 30 days. At the end of that time, complete an Employee Evaluation (see Figure C.9, page C-78)

and review it with the employee. Make sure both you and the employee sign the completed evaluation; then file it in the individual’s personnel file.

If, at any point, an employee is not performing to standards but you feel the individual has the potential to improve and become a good employee with guidance and direction, complete the evaluation at the end of the trial period and then consider extending the trial period for another week or so.

While a trial period is recommended, you still need to do all you can to make the relationship work. During training, provide instruction and constructive feedback, handle problems proactively, and provide counseling and additional training as necessary. That way, if the new employee is not meeting the performance standards, will never perform to standards (even with additional training), or is obviously not matched to the position, you can be confident that you have done everything in your power to give the working relationship a chance.

After the trial period, conduct evaluations every 6 months thereafter to help ensure good communication between you and your staff (see “Performance Evaluations”).



January 2014 C57

Employee Orientation

The training and development of your employees starts with an orientation to the business. As with any new relationship, the first few hours and days new employees spend on the job will begin to shape impressions and attitudes that will stay with them for a long time. So you should ensure that new employees receive a well-organized and

thorough orientation and training from day onenot just relating to duties and responsibilities of the job, but to the 16 Handles philosophy as well.

Proper orientation will help ensure that your new employees understand the values upheld by 16 Handles stores and are ready to become members of your team. Since beginning a new job is always intimidating, reassure your new employees that they have just joined a great and unique organization and let them know how important they are to your business.

Forms ◄

Step 1: Have the new employee complete employment-related forms.

Once you have welcomed a new employee and have briefly described the orientation and training process, there is information you must provide and forms the new employee must read and sign.

Required forms: W-4 Formdeclaration of withholding for income tax

I-9 Formverification of eligibility to work in the U.S.

Sexual Harassment Policy (see Figure C.1)

Handbook/Policy Manual Acknowledgement and Receipt

Employment Application (see Figure C.3)

30 Day Trial Period

Direct Deposit Authorization (if applicable to your store)



January 2014 C58

Open Door policy

Employee Information Sheet

Notice of Pay Rates

Pay Day Sheet

Uniform Issuance Form

Make sure the employee knows that if any personal information changes, such as marital status, change in federal withholding, or change of address or phone number, you must be notified so you can update the individual’s personnel file. This will help you maintain current personnel information for payroll purposes.

As the new hire completes his/her paperwork, be sure to fill out the Employee Records (see Figure C.6) form below and file it in the employee’s folder.

Figure C.6 Employee Records



January 2014 C59

You must also provide the new employee with the following information:

Required information:

Applicable worker’s compensation information

Equal Employment Opportunity information

You can also purchase an OSHA (Occupational Safety and Health Administration) poster online at www.LaborLawCenter.com that will take the place of the abovementioned information.

Finally, ask to see the employee’s driver’s license (or other photo identification), as well as his/her social security card, birth certificate, or any other employment eligibility document.

All information should be kept in the employee’s personnel file, and these files must be kept locked at all times. Employees may request to review their personnel file in the presence of a manager. However, they should never be allowed to take their file or alter the contents in any way.

Policies and Benefits ◄

Step 2: Review pay, work schedule, benefits, and pertinent company

policies/procedures. During this phase of orientation, an employee’s

personal work schedule should be reviewed, as well as related time keeping procedures. On the first day, policies such as reporting personal absences/tardiness, customer service, dress, employee and customer safety, etc., should be addressed.

To confirm your new employee’s understanding of the terms and conditions of employment, these areas should be covered in detail. Your new employees should complete this phase of orientation with a basic understanding of how your pay and benefits programs work, what benefits

they may initially be eligible for and what, if any, waiting periods for eligibility are required.

An exception to the rule: To

protect the confidentiality of

the information contained in

individual personnel files, all I-9

Forms must be kept together in

a separate file, not in each

individual’s personnel file.

NOTE: Since new employees

are absorbing a great deal of

information during

orientation, be patient and

allow ample opportunities

throughout orientation and

beyond for questions.

http://www.laborlawcenter.com/



January 2014 C60

Pre-Opening Training ◄

Training will be conducted by your Franchise Business Consultant and 3 certified trainers. Training will begin after you obtain your Certificate of Occupancy and the Franchisor has signed off on construction as being complete.

The training should take place in two phases:

1) Training of MODs (begin 2 months before opening, contact your Franchise Business Consultant to coordinate)

2) Training of Team Members (begin 1 week before opening)

New Store Opening

1 Team Member per $1,250 Sales

Open 90 Days or More

1 Team Member per $1,500 Sales

Team Member Training

The Team Member training process should take place over a course of five days where the 5 Shift Team Member Training Plan is utilized. Follow these points during the training:

Receive everyone’s availability and create a training schedule

Depending on everyone’s availability, training will likely have to take place in two shifts – AM shift and PM shift – over the course of four to five days

Begin the training with an orientation where you complete the new hire paperwork and cover the Employee Handbook, tour the store and training expectations



January 2014 C61

Day 1 Orientation

New Hire Paper Work

Review employee handbook

Store tour

Day 2 Shift 1 and 2 of 5 Shift Training Plan

Day 3 Shift 3 and 4 of 5 Shift Training Plan

Day 4 Shift 5 of 5 Shift Training Plan, review and role playing of customer interaction

Day 5 Written and On The Floor exams

Make up day for those who missed previous days



January 2014 C62

Coaching

Every day, employees need to be challenged, rewarded, corrected, developed, and encouraged to perform to the highest standard—the 16 Handles standard. This discussion will provide guidelines for coaching your employees every day in your store.

The key to successfully developing employees is to start with a clear expectation of their performance, positively guiding them through the shift, and quickly correcting any incorrect actions. Do not let poor performance continue.

The following is a simple series of steps to help you manage and develop your employees. It is a way to turn goals and objectives into tasks and behaviors. Each employee’s performance is critical to the overall performance of each shift. For this reason, you need to explain to everyone on each shift your goals and objectives, such as side work, sales goals, speed of service, customer satisfaction, etc. This goal setting and explanation of expectations is called Talking into Position.

Throughout each shift, you will need to encourage and correct performance. As a manager, you must guide everyone’s performance by Talking through Position. After each shift, you will then need to

check side work and the cleanliness of each workstation as well as any restocking that should have been done. This is called Talking out of

Position.

It is important, as a manager, to plan shifts and set realistic, deliverable expectations for your employees. For example, if an employee is performing at 50 percent of your expectations, continue to raise the level of performance each shift—do not expect the employee to perform at 100 percent immediately. Know who is working on each shift and assign appropriate tasks and goals for each employee and station.

Make sure employees are mentally prepared to work. Greet them when they arrive. Create an environment where everyone greets you and the rest of the team at

the start of each shift. Use this greeting to reinforce and comment on attendance, uniform appearance, and team culture. Also:

Talking into

Position



January 2014 C63

Start-of-shift communication:

Outline primary responsibilities and reinforce “clean as you go.”

Cover side work, such as restocking and detailed cleaning.

Establish goals for team and employees.

Remind employees to check with you before leaving their station.

If applicable, give approximate times when employees can expect to take their break.

Provide frequent and positive feedback throughout the shift. Keep track of goals and side work to ensure the success or completion of

tasks. Praise employees in public and recognize achievements. If you must correct behavior, do so in private. Never reprimand an employee in front of other employees.

Before employees leave their stations, be sure to check the station for cleanliness and restocking. Also take this time to comment on the following:

End-of-shift communication:

Employee’s performance during the shift

Whether performance met or exceeded; if so, recognize accomplishments.

Whether performance was below expectations; if so, set an action plan for correcting the behavior.

Be sure to verify that employees know when they are scheduled to work next. Also, be sure to thank them for their hard work.

These guidelines will enhance and strengthen the team in your store. They connect all employees to the goals you have as a manager. These goals should be sales-driven, cost-conscious, and team-oriented.

Talking through

Position

Talking out

of Position



January 2014 C64

Coaching Techniques ◄

Managing people effectively requires informative and timely communication. This communication needs to be focused on performance—not personality. When an employee is not performing to your expectations, you need to communicate this to the employee and get resolution on the issue. Using the guidelines above, you will communicate with employees before, during, and after the shift. Using the word COACH as an acronym will guide you through the

communication steps to solving performance discrepancies.

C – Communicate performance discrepancies.

Let employees know immediately (in private) what the performance discrepancy is and remind them of what behavior is expected.

Provide specific and clear information.

Keep your tone supportive and firm.

O – Obtain the employee’s view.

Do not jump to conclusions. Withhold your opinions at this point.

Encourage employees to discuss the issue and offer solutions.

Focus on the performance discrepancy—not the employee’s personality.

Express concern for the employee.

Listen carefully.

A – Affirm your views.

Start by expressing the areas of agreement.

Continue with the areas of disagreement.



January 2014 C65

Provide any additional facts; be concise.

Explain your position. Do not feel as though you have to defend it.

Explain the effect the performance discrepancy will have on the operations of the store.

Work through any disagreements.

Reach an agreement on the need for improving performance.

C – Create resolutions for disagreements.

Define any disagreements.

Ask for the employee’s opinion on how to resolve the disagreements.

Create action steps together.

Reach an agreement regarding resolutions.

H – Have an action plan.

If necessary, restate the agreement and clarify any points.

Ask the employee to establish timelines and goals.

Discuss the benefits of better performance.

Discuss follow-up and review time.

Creating the resolution does not end the coaching. Constant follow-up on employee performance is necessary to achieve the results you are looking for. Coaching is not something that can be done when you get around to it. Your approach needs to be consistent. Be sure to give clear expectations to everyone. Make sure your coaching is timely. Rules are meant to be enforced; do not change the standards for different employees.



January 2014 C66

In order to motivate employees, an environment of open communication, participation, and promotion should always be established. The manager and supervisors should be in constant contact with employees through coaching, teaching, leading, setting high standards of achievement, and making employees feel good about themselves.

Asking employees what they want from their jobs usually increases morale and productivity. The Employee Survey (see Figure C.11, page C-82) is one tool to open communication. Also, challenging employees with more responsibility and the freedom to perform drives performance. Managers/supervisors should keep in mind that delegation of tasks is important and that employees strive in entrepreneurial environments where good work is rewarded.

Team Meetings ◄

Team meetings led by supervisors/managers help ensure that team members continue to improve their performance and sharpen their skills and memory. A meeting with all team members present ensures that everyone is on the same page when it comes to policies, rules and events that have been taking place at the store.

The Franchisor recommends having mandatory team meetings once a month to discuss new operational procedures, issues/concerns, introducing new hires, goals and other updates.

Supervisor/Manager Meetings ◄

The Franchisor also recommends having Supervisor/Manager meetings between themselves at least once every week or every other week. Effective supervisor/manager meetings can instill a sense of ownership and boost morale. The setting should be open forum where supervisors communicate with each other about both positive and negative aspects of the jobs/business and what improvements can be made. Disagreements can provoke thoughts and new procedures. This should be a forum for all senior managers to communicate and update each other. The Franchisee is recommended to attend every other meeting.

The senior manager should control the meeting and set an agenda before each meeting.

Topics that may be covered include:



January 2014 C67

Managerial improvements

Realigning expectations/goals

Updates from Franchisor

Marketing plans

General operational changes

Customer/employee feedback



January 2014 C68

Scheduling

One of the greatest operating expenses of running a store is likely to be payroll. Controlling this expense can mean better profits and better cash flow. For this reason, scheduling is an important task of management, yet it is often neglected. Many managers simply repeat the same schedule each week, neglecting to analyze changes in customer traffic.

To schedule effectively, you must closely and regularly monitor your staffing levels. You must analyze your sales volume and then assess your staffing in relation to sales. You must also take into consideration any uncommon or unexpected factors that might cause your level of business to fluctuate. Continually check for weather conditions as weather will affect customer traffic.

Scheduling factors: Special promotions or sales

Weather conditions

Holidays

Local community events

Here are some tips.

Scheduling tips: Base the number of staff needed per hour on sales volume. At first, you may need to rely on your Franchisor for guidance in this area. NOTE: A minimum of two employees should be in the store at all times.

Determine prime shifts. Look at sales reports for sales averages. This is usually in the evening, after dinner from 7PM-10PM.

Stagger starting and ending times for shifts. This decreases the chance of service getting interrupted and makes for smoother shift changes.

If an employee cannot make a shift, it is his/her responsibility to find a replacement.



January 2014 C69

Be firm in spelling out the rules regarding work schedules, but understand that unexpected circumstances will arise that might call for some flexibility.

Take efficiency of store operations and security into consideration when scheduling. Consider implementing shortage control checks.

Keep overtime hours worked to a minimum.

Instruct employees to call in if they are going to be late. Calling does not excuse the tardiness, but it at least lets the manager know so any necessary staffing adjustments can be made.

A weekly work schedule provides the structure you need to make sure

your store is sufficiently staffed to provide the best customer service. It also lets employees know in advance when they will be working so they can plan their schedules accordingly. The Franchisor recommends establishing specific guidelines regarding work schedules so your employees understand that they are responsible for knowing when they are supposed to be at work and for communicating to you the need for any schedule adjustments.

Work schedule guidelines:

Develop and post work schedules in the same place and at the same time each week.

Make employees responsible for checking their own schedules every week prior to the posted week’s start date.

Have clear rules regarding schedule changes. Make sure every employee understands that the manager’s approval is required for any changes and that the employee is responsible for the shift if approval is not obtained in advance. If employees are responsible for finding their own replacement, make sure they are aware of this and are also aware of the consequences of not doing so.

If an employee is unable to work a scheduled shift due



January 2014 C70

to illness, emphasize the importance of notifying the manager as soon as possible to give the manager time to cover the shift.

Ask that employees turn in requests for time off (RTO) in advance of schedule posting; this can be in the form of a verbal request. Establish a regular cut-off date for turning in requests (e.g., 2 week prior to the new schedule being posted), and communicate this to all employees.

Honor requests for time off only if they will not compromise the quality of service you give your customers.

Adhere to any agreements regarding work hours that were made at the time of hire.

Try to honor personal preferences for hours whenever possible, but always remain impartial and fair to all employees.

Identify the position each scheduled employee is to work and the duties to be performed.

Begin preparing schedules a couple days before they need to be posted. Schedules should be finalized and sent to employees by Friday before the next work week.

Think about the following factors in determining a schedule:

1) Holidays/Events: determine if there are any that may affect sales

2) Weather: check the 10 day weather forecast

3) Deliveries – yogurt, Perkins, fruit. An extra person will be needed during these days.

4) Training – any new hires. A designated trainer or MOD should be posted for training.

5) Cleaning – any additional cleaning or maintenance

6) RTO: who has requested an RTO



January 2014 C71

After examining these factors, project sales by the day and create the schedule. Always make sure that when creating the schedule that you fill the positions with the appropriate team members each day rather than fill each team member’s needs.

The Staffing Scheduling Guide (Figure C.8) is a general outline of staffing needs at different sales projections. You should determine your own staffing needs at certain sales and hours of the day.

Figure C.8 Staff Scheduling Guide

The Franchisor recommends using Schedulefly (www.schedulefly.com) as the scheduling program. Through Schedulefly employees have the ability to communicate directly with each other about changing shifts, new procedures, etc. Schedulefly also connects all employees through text and email ensuring that all employees are constantly informed and up-to-date. Schedulefly also allows you to track hours worked and wages. If you do not choose to use Schedulefly, the Franchisor can recommend an Excel based program.

When scheduling, avoid

scheduling an employee for a

Close-Open. This means an

employee should not have to

work a closing shift and then an

opening shift the next morning.

http://www.schedulefly.com/



January 2014 C72

Time Reporting

An essential part of managing employees is requiring them to report their time worked. This can be accomplished through the use of time cards, time sheets, or POS system. Either of these methods will provide you with an accurate record of the hours worked by your employees and help you ensure adherence to all wage and hour regulations. However, the Franchisor recommends using the Micros POS system for this function.

Employees should be responsible for clocking in and out in an accurate and timely manner. They should clock in when at the beginning of their shift when they are dressed and prepared to work, not when they first walk in the door. Also, they should clock in at their scheduled start, not 5 or 10 minutes before their shift beings, unless otherwise authorized by the MOD. Employees should clock out once the finish their shift, NOT on their way out the door. They should also clock in and out for any unpaid break periods. By keeping track of when employees go on break and return from break, you will be better able to ensure sufficient employees are on the clock at all times to serve customers.

Time reports, in any form, are considered company property and should not be taken from assigned areas. Also, no employee should be allowed to clock in or out for another employee. If an employee must make a change or other notation on his/her time report, you or the manager on duty must approve and initial the change.

At the end of each pay period, you must check all time reports for accuracy and total hours worked to ensure proper processing of payroll checks.



January 2014 C73

Uniform and Dress Code

A professional appearance is important anytime that you come in contact with guests or potential guests at 16 Handles. Management and Team Members should be well groomed and dressed appropriately for work during all hours of business.

Pants: Either dark blue or black jeans should be worn that are properly secured at the

waist; if the jeans have belt loops, it is recommended that a belt should be worn.

The following are not considered business appropriate for 16 Handles: sweat pants,

warm ups, gym wear, or similar type. The jeans should not be frayed or have holes

in them and must be worn at the waist.

Shorts: shorts may be worn in the warm summer months. Shorts that are no more

than 3” above the knee and black or dark blue in color are acceptable. Again,

discretion should be exercised to ensure that if shorts are worn they are not too short

to be considered offensive.

Cold weather option: During colder weather, Team Members may wear a Dark

Grey long sleeve shirt under their uniform tee shirt. This dark grey color is the only

approved color option.

Shirts: An approved 16 Handles logo tee shirt for Team members and a grey 16

Handles logo Polo shirt for Managers should be worn. The shirts should be clean,

wrinkle free, and in very good condition with no rips, holes, or stains. Should a Team

Member’s shirt be stained, ripped, have holes, or is not representative of the Brand,

they should be provided a replacement shirt.

Hat: 16 Handles requires all Team Members to wear a functional hat with brim;

“baseball style” hat. Any manager that is working in the food prep / handling area is

also required to wear a brimmed hat. This is for Food Safety purposes and assists in

minimizing foreign objects (hair) contaminating the food. You are welcome to wear a

hat that reflects your personality provided it is not offensive, displays no controversial

symbol or message, has a brim, and is worn with the brim positioned in the front.

Team Members with long hair must keep their hair tied back when working in food

prep / handling areas.



January 2014 C74

Shoes: 16 Handles requires all Team Members to wear non-slip closed toe shoes to

aid against slips, falls, and potential injuries. Open toed sandals, clogs, or similar

styles are not acceptable foot ware.

Aprons: it is recommended that an apron is worn during opening and closing

procedures to minimize staining and damage to clothing. Each store should have an

adequate supply of aprons for this purpose. Disposable aprons are available from

GFS/Perkins using item #429501.

Jewelry, make-up, accessories: Minimal jewelry on hands and wrists is allowed for

Food Safety & Hygiene reasons. A wedding band or engagement ring should be the

only rings that are worn; watches & bracelets should not be worn in food prep or food

serving positions. Earrings, if worn, should be small in nature and not dangling. The

reason for this is simple - rings have a tendency to tear gloves, bracelets can collect

food items and build up bacteria, and dangling jewelry can contaminate food

products. Tattoos and piercings, if visible, must not be offensive or controversial.

Nail polish and acrylic nails should not be worn as it can chip or they may break.

The above guidelines are meant to ensure all our guests that engage with any 16 Handles employee are met by a professionally dressed Team Member.



January 2014 C75

Performance Evaluations

While developing reliable and effective employees certainly depends on the quality of the training they receive, it also depends on providing continual feedback regarding the work they are doing. Constantly keep the lines of communication open. Compliment employees when they have done a good job. If there is room for improvement, don’t just tell employees they did something wrong; provide suggestions and show them what could have been done differently to do the job right and, thus, improve performance.

One point you must remember is that the evaluation process actually begins on an employee’s first day of employment, when you and the employee reach a mutual understanding of what needs to be accomplished. If expectations are not clearly stated, mutually understood, and presented in measurable terms, performance will be difficult to evaluate and may not reflect the desired results.

A formal performance evaluation is most effective when it serves as reinforcement of ongoing discussions you have held with your employees regarding their performance. Such an evaluation serves several purposes:

Reasons for evaluations:

To provide a regular, periodic opportunity for communication between the person who assigns the work and the person who performs it.

To show employees that you are interested in their job progress and personal development. This should foster high morale and job satisfaction.

To enable discussion of mutual expectations and how well those expectations are being met.

To provide you with a systematic guide for planning future training for employees.

To guarantee that each employee’s performance is evaluated on the basis of considered judgments and a

set of criterianot on snap decisions or inconsistent standards.



January 2014 C76

To assist in discovering, determining, and recording the special talents and knowledge of employees that otherwise might go unnoticed or unrecognized.

To give employees an opportunity to brainstorm and discuss job problems, interests, and aspirations with you.

To gather data for use as a guide for such actions as wage increases, promotions, disciplinary action, etc. It should be noted that evaluations should never be the single factor in such cases.

Evaluation Process ◄

Twice per year (6/30, 12/31) a performance evaluation should take place for all employees who have been working for at least 30 days. New hires should not take part in this process.

The performance evaluation process should take place in the following order:

1) MODs review all team members. All MODs should contribute to the evaluations and meet to finalize the reviews. Fill out the Employee Evaluation form (see Figure C.9, page C-78)

2) Team Members should be given the Team Member Reviews of MODs (see Figure C.10, page C-81) once per year and asked to submit it confidentially within a week

3) Once finalized by the MODs, the owner should review all the team member performance evaluations and sign off on them

4) The owner should review the Team Member Reviews of MODs and then review them with the store manager

5) The manager should begin his/her performance evaluations of the MODs

6) The manager and one MOD should sit down with each team member to give the reviews



January 2014 C77

7) The owner should review and sign off on the manager’s performance evaluation of the MODs

8) The manager should give the performance evaluations of MODs

9) The owner should give his/her performance evaluation of the Manager

10) Once reviews are finalized, the owner should distribute the Employee Survey (see Figure C. 11, page C-82) for all employees to finish once per year

The table below summarizes when each employee should receive a review and who should be making the evaluations.

Position Evaluation Period Evaluated By

Manager Twice per year Owner evaluates Manager based on Team Review of MODs and store performance

Supervisor Twice per year Manager evaluates supervisors using Team Review of MODs and his/her own observation

Team Member

Twice per year MODs contribute feedback for all team members. Evaluation with team member takes place with Manager and/or another MOD



January 2014 C78

Figure C.9 – Employee Evaluation

If an employee shows unusual improvement or decline in work habits any time between evaluations, you may need to schedule a special evaluation. In evaluation of employee performance, there are a number of primary factors that should be considered:

Areas of evaluation: Productivity speed

Cooperation

Job knowledge

Quality of work

Interest in learning

Completes work on time

Attitude

Working without supervision

Corrective action

Work habits

Attainment of goals

Acceptance of constructive criticism



January 2014 C79

Also take the following steps during your evaluation process:

1. Review the job requirements to be sure you are completely familiar with them.

2. Review the last performance review and the goals and standards you previously discussed and agreed upon with the employee, plus any notes you have regarding the employee’s accomplishments.

3. Review the employee's work history. Managers/ supervisors should keep a record of all employees' performances in a log to assist in remembering specific details.

4. Outline a development action plan for the employee to correct any performance shortcomings and to develop the individual for future growth opportunities.

5. Plan your ratings by using the most recently completed evaluation, the appropriate job description, and notes from the employee’s personnel file.

Review Meeting ◄

Once you have completed the evaluation process, you must schedule a time to meet with the employee. To avoid interruptions, find a private or out-of-the-way place to meet (e.g. store office, next door coffee store).

Review meeting process:

1. Outline the purpose of the meeting.

2. Discuss your ratings of each performance factor with the employee. Be specific and provide examples for strengths and weaknesses in each area.

3. Review areas that need improvement and action

plans to be carried out by the employee. Point out the deficiency and stress procedures for improvement. When discussing deficiencies, focus on the reasons for decline in performance rather than the deficiency itself. Develop and agree on a final version of the action plan.



January 2014 C80

4. If a merit increase is being included, present it at this time.

5. Encourage employee’s responses and ideas. Make it a conversation. Give him/her an opportunity to react.

6. Obtain the employee’s signature and allow him/her to make any comments in writing on the evaluation form. Make sure employees understand that their refusal to sign an evaluation does not negate the evaluation.

7. Place the completed forms in the individual’s personnel file.



January 2014 C81

Employee Survey ◄

To ensure that all team members feel like they are part of a team, at 16 Handles a 360 review is performed. This means that supervisors review team members and team members evaluate supervisors’ performance.

The purpose of the Team Member Review of MODs (see Figure C.10) is for all team members to evaluate all of the MODs and for you as the store owner to better evaluate the MODs. The Team Member Review of MODs should be distributed at the beginning of the evaluation period and kept strictly confidential. Once team members complete the evaluation, they should drop it either in the office or in the bottom safe where other MODs cannot access it. When administering the surveys, designate an area where the team members can drop off the surveys.

Figure C.10 – Team Member Review of MODs



January 2014 C82

The Employee Survey (see Figure C.11) should be administered after

employee reviews are performed.

Figure C.11 - Employee Survey

In order to receive honest feedback, managers must ensure that the Employee Survey and Team Member Reviews of MODs will not affect employment status.

Post-review surveys will give managers a sense of whether the employee feels s/he is being evaluated fairly.

The survey is a means of communication with employees and should act as a tool to increase employee morale and to administer policy changes as necessary.

Employees should feel more empowered by the survey; however, managers must be sincere in receiving the feedback.



January 2014 C83

Progressive Discipline ◄

Despite careful selection, training, and the implementation of good personnel policies, you may occasionally encounter an employee who doesn’t seem to be working out at your 16 Handles store.

It is the policy of the Franchisor to treat all employee performance and discipline problems in a fair and consistent manner. In all but the most serious cases (see “Termination/Separation”), employees should have

the right to be advised of incorrect behavior or performance that is below standard and be given an opportunity to correct the problem.

The following categories define the majority of discipline situations you will encounter and that are categorized on the Corrective Action Form

(see Figure C.12, page C-85):

Discipline situations: Performance: failure to perform job requirements.

This includes situations where an individual is unable to perform the accountabilities of the position at an acceptable level. In some cases, the individual may be making an appropriate effort and not have the ability; in other cases, attitude and/or effort may be the cause.

Policy, standard and procedure: failure to follow

rules, policies, directions, etc. This includes

infractions that involve the violation of any work rules, attendance, policies, federal, state, and local laws, or specific direction from a supervisor.

Flagrant violations – This includes acts of theft,

physical abuse, verbal abuse, destruction of property, inappropriate behavior towards a customer, drug, alcohol, or firearm violations, etc.

Before dismissing an employee, you should ask yourself these questions:

? Has the employee been properly motivated?

? Has the employee been properly trained?



January 2014 C84

? Is the skill used often? If not, consider retraining or determine if the skill is necessary.

? Has a proper and adequate explanation of the job and your expectations been provided?

? Has the employee been allowedeven encouragedto ask questions at any time during employment? Has the employee understood that there is no such thing as a “stupid question?”

? Are there obstacles to good performance? Are the right tools available for the job?

Often, when an employee isn’t doing the job well, the honest answer to one or more of these questions is “no.” Always try to solve performance issues by identifying the cause. The symptom (the performance discrepancy) is easy to identify. However, identifying the cause often requires some thought or investigation.

Before taking irreversible action, you should look at what you can do to correct the deficiencies. As with most problems, the sooner they are recognized and attended to, the better. This gives you an opportunity to create an ally and establish a better working relationship.

When employees remain unable or unwilling to perform at an acceptable level, you need to know how to apply procedures that clearly communicate the importance of the situation along with a clear message. Positive discipline is a progressive approach that clearly signals that a failure to change will result in other consequences, such as further warning, supervision, or discharge.

When an employee’s performance is found to be deficient or the employee violates an employment policy or rule of basic business conduct, consider the following approach to progressive discipline:

1st offense .....................Verbal warning

(documented in personnel file)

2nd offense ....................Written warning

3rd offense .....................Termination



January 2014 C85

This approach is designed to allow problems or concerns to be addressed and then monitored for improvement. A combination of 3 instances within a 1-year period should result in termination. However, if an employee has maintained a clean record for 1 year, prior instances should not be used as a basis for further discipline.

Whenever you take disciplinary action, complete a Corrective Action

Form (see Figure C.12). If an employee refuses to sign a disciplinary

report at any step in the process, be sure to note this on the completed form. Also, you should always have a witness sign all documentation as proof that information was communicated to an employee.

Figure C.12 Corrective Action Form

When handling discipline situations, remember that you must take into account the legal realities of the situation and the need to be fair to your employees and your business.

When a problem arises, discuss the problem with the employee in a non-threatening manner. This

initial meeting should be informal and conversational in tone. Discuss the deficiency with the employee, along with specific requirements for

1st offense:



January 2014 C86

improved performance prior to considering any other action. The employee should then be given adequate opportunity for improvement. Document this discussion (the date and a brief summary are sufficient) and place it in the individual’s personnel file.

Guidelines for discussion:

Remember that disciplining an employee is a private matter, which must be done where the conversation cannot be overheard.

Never conduct discipline discussions over the phone.

Avoid lengthy delays between the unacceptable behavior and the discussion.

Approach the matter with the belief that the employee can and will be successful at producing the desired improvement.

Focus the discussion on the issue—not the employee.

Keep the tone of the discussion low; don’t yell.

Restore the mutual trust and respect of the employee-employer relationship. In a discipline situation, acknowledge that the bond has been damaged.

Be aware of your body language.

Don’t act out of anger.

Try to end the discussion on a positive note.

If the problem has not been resolved after a reasonable time period, you should place the

employee on formal notice, in writing. Complete a Corrective Action

Form (see Figure C.12). Then give the employee a verbal

explanation of the unsatisfactory performance versus the expected performance.

At this time, it is particularly important that you make it clear exactly what the expectations are, how those expectations are not being met, and that termination will follow if satisfactory improvement is not made. Outline specific performance goals for improvement within specific timeframes. As with any formal counseling, both the employee and a

2nd offense:



January 2014 C87

witness should sign the completed counseling form. You should then keep the employee advised of his/her progress.

If the employee is still not performing at a satisfactory level following a formal counseling session (assuming the issue is subject to

progressive counseling), the only solution may be termination either during or at the end of the imposed improvement period. Just make sure you have grounds for the termination.

In some circumstances, due to the seriousness of the infraction, it may be appropriate to skip directly to second offense procedures and possibly to immediate termination.

Given the time, money, and effort you expend to develop your employees, it is to your advantage to recognize problems and make an effort to resolve them before resorting to termination. A discharge, under most circumstances, should never come as a surprise to an employee.

3rd offense:



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Termination/Separation

Termination occurs whenever an employee is separated, for any reason, from employment with 16 Handles. If a voluntary termination occurs (i.e., separation), employees are expected to give 2 weeks’ advance verbal or written notice. If involuntary termination, you must make every attempt to give your employees proper notice, and you must be sure to have proper written documentation.

Termination ◄

While a progressive counseling system is recommended to handle performance and disciplinary problems (see “Progressive Discipline,”

page C-83), there are actions that should be considered gross violation

of policy and, thus, be grounds for immediate termination. It is not possible to list every possible unacceptable action; however, these are some examples:

Grounds for termination:

Possession, sale, purchase, transfer, use, or being under the influence of drugs or alcoholic beverages on company time or premises

Possession of dangerous weapons on company premises

Immoral or indecent conduct, soliciting persons for immoral purposes, or the aiding or abetting of any of the above

Offensive, abusive, or hostile action toward a customer, manager, or another employee

Theft or misappropriation of company property or the property of employees or customers, or unauthorized removal of any of the above

Unauthorized use of company property



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Abusing or destroying company property or the property of employees or customers

Conviction of a felony and/or other crime involving moral turpitude

Disrespectful conduct, such as gambling, fighting, coercion, defacing property, vulgarity, intimidation, or failure to be courteous

Taking or “borrowing” cash

Falsification of employment records or other business-related documents, regardless of when discovered

Altering company records, including those of any other employee

Security violations or release of confidential information (e.g., recipes, trade secrets, etc.)

Conflict of interest

Any unprofessional behavior, such as sexual harassment, racial discrimination, fighting, profanity, threats, abusive language, or malicious conduct directed at another employee or supervisor

Illegal discriminatory practices or harassment

Disregard of instructions given by management

Failure to perform assigned duties satisfactorily, safely, and effectively

Refusing to comply with a business investigation

Sleeping or loitering on the job

Leaving assigned areas without expressed consent of a supervisor



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Failure to follow established fire, safety, and civil defense rules, as well as common safety practices

Smoking, chewing gum, eating, or drinking outside of designated staff areas

Failure to maintain clean and sanitary conditions on the job

In general, any conduct that is unprofessional, potentially embarrassing, or adversely affects or is otherwise detrimental to your interests as a 16 Handles Franchisee, or the interests of your employees, customers, or the public should result in disciplinary action, up to and including immediate termination if applicable.

To dismiss an employee from employment, 3 disciplinary action reports must be on file, unless gross violation of policy is evident. If either is the case, proceed as follows:

Steps to finalize a termination:

1. Conduct a face-to-face interview with the employee to review the termination action.

2. Make sure you have a final, completed and signed Corrective Action Form (see Figure C.12, page C-85)

on file. Have the individual sign the form to document your action to end the employment relationship and to verify compliance with your guidelines concerning termination.

3. Complete a Termination Report (see Figure C.13,

page C-92). Have the individual sign the form to

document your action to end the employment relationship.

4. Review final pay and other compensation issues.

5. Explain benefit rights (e.g., insurance, profit sharing, etc.).

6. Document the return of all company property – t-shirts, keys, swipe cards.

7. Even though a negative situation, do everything in



January 2014 C91

your power to make the separation go smoothly.

8. Delete the employee number from the POS system. Make sure the employee’s name is still in the system to calculate the employee’s final paycheck. You will have to issue a final paycheck for the employee.

9. Delete the employee from ScheduleFly and all employee distributions including emails.



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Figure C.13 Termination Report

If time does not allow you to complete the steps above, at the very least document any situations that arise concerning discipline.

Separation ◄

An employee can also end the employment relationship by voluntarily resigning or retiring from his/her position. It should also be considered voluntary separation if an employee fails to appear or call in to work for 3 consecutively scheduled workdays or fails to return to work after an approved leave of absence.

Expect your employees to give at least 2 weeks’ verbal or written notice to separate “in good standing.” There are several steps you should take to finalize such a separation.



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Steps to finalize a resignation:

1. If possible, conduct an exit interview with the employee to learn how he/she felt about the job, management, and 16 Handles (your Franchise Business Consultant can provide the interview questions). The information you obtain from these interviews may aid in any future unemployment claims, discrimination charges, or future hiring.

2. Try to uncover the real reason the individual is leaving. Look for any areas in which you might improve employee relations to possibly avoid losing good employees in the future.

3. Complete a Termination Report (see Figure C.13).

Have the individual sign the form to document your action to end the employment relationship.

4. Review final pay and other compensation issues.

5. Explain benefit rights (e.g., insurance, profit sharing, etc.).

6. Document the return of all company property, such as manuals, identification card, travel credit cards, uniforms, tools, keys, computer disks, etc.

Note: Do not release the final paycheck until all

property has been returned or is otherwise accounted for.

7. Ensure a comfortable separation. Do everything in your power to part on a positive note.



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Rehiring a Former Employee

There may be a time when you are approached by a former 16 Handles employee. The former employee may have worked for the Franchisor or another Franchisee. It is important you understand the reason(s) for the former employees separation from the company.

As discussed in the previous section, reasons for separation can be attributed to voluntary (team member resigned, in good standing) or involuntary (terminated for policy violations) separation. Regardless of the type of separation, it is the responsibility of the hiring manager to contact the former employer to understand if the individual is eligible for rehire.

An employee terminated for a flagrant policy violation is not eligible for rehire in any 16 Handles location.

Sample flagrant policy violations include but is not limited to:

Theft

Violence

Weapons possession

Drug possession or showing up at work under the influence

Determining Rehire Eligibility ◄

The process for determining rehire eligibility includes:

1. Contact the former franchise owner or operations manager

2. Review the reasons for separation

3. Determine if the former employee is eligible for rehire

There may be times when you and the former employer do not come to agreement on the candidates’ rehire eligibility. A former employee is not to be rehired without agreement from all parties.

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