Letter Perfect: The Ins and Outs of Writing Job Descriptions (Restaurants USA, September 1999)

September 1999 issue

Letter Perfect: The Ins and Outs of Writing Job Descriptions

Restaurants USA magazine's final issue was published in September 2002 but these archived articles remain available for our readers' convenience.

Restaurants USA, September 1999

Job descriptions are an indispensable tool for recruiting and training employees--and also can help protect a restaurant against discrimination claims. Here are tips for creating and using job descriptions to build a better work force.
By Sarah E. Smith

Writing job descriptions has often been considered an unwelcome necessity, but taking the time to pen them properly will prove to be time well spent. “Creating job descriptions may seem like a tedious task, but it’s extremely beneficial to have them — in so many ways,” says Becki Seddon, director of human resources for Atlanta-based RTM Restaurant Group, Inc. RTM Restaurant Group owns 683 Arby’s franchises, and both owns and franchises

Mrs. Winner’s Chicken and Biscuits, as well as Lee’s Famous Recipe Chicken. “You can use job descriptions for training, recruitment and hiring, workers’ compensation, and as a guideline when bringing people back to transitional duty after an extended absence,” she says.

Attorney Paul Kennedy, a partner with the labor-and-employment law firm of Littler, Mendelson, in Washington DC, adds that job descriptions can also be useful from a legal standpoint. “They serve as a defense against discrimination claims, [because] job descriptions list the minimum job qualifications, provide job applicants with a picture of what the job entails and document the essential job functions,” says Kennedy.

Essential elements

The foundation of any job description is the position’s necessary functions. Tasks that are regularly performed and the goals of the job would be considered essential functions. For example, essential functions for a host/hostess position might include scheduling day and shift assignments for all dining-room personnel, assigning service stations to all servers and buspersons, and graciously greeting guests upon arrival, escorting them to their table, providing menus and notifying the server of their arrival.

“You should examine and verify that these are indeed the essential functions of that position,” says Peter Kilgore, legal counsel for the National Restaurant Association. Adds Seddon, “Make a determination of essential versus nonessential duties [before writing a
job description].”

Nitty-gritty details

Once you have decided on a position’s essential functions, you are ready to begin formulating the job description. “My rule of thumb is: the bigger the job, the smaller the job description,” says Jere Wiegand, director of human resources for Auntie Anne’s, Inc., headquartered in Gap, Pennsylvania. “The [person] at the top has a small job description; the crew member has a very specific one. . . . As you move up the managerial ladder, definitions become more broad.”

All job descriptions should have these basic elements: descriptive position title (what the job is), title of immediate supervisor, position summary (synopsis of the job), tasks (duties) and competencies (skills needed to accomplish the tasks).

“You need to make sure the person writing the job description is extremely familiar with the position,” says Seddon. “Talk to the employees who are doing the job, and once it’s written, have someone in that position review the description. . . . For legal purposes, particularly [related to] the Americans with Disabilities Act (ADA), list essential functions versus nonessential, the length of time [it should take] to perform the tasks and the physical skills required to do the tasks,” she says. By including those elements, the restaurant operator can protect himself or herself if a disability claim is filed.

“Also include any special requirements, background, work history, professional license or specialized skill needed in the job description,” says Kennedy. But don’t create problems for yourself by including too many details. “Strike a balance between flexibility — to allow functions
to be performed in a variety of ways — and what goals need to be accomplished,” he says. However, you do not want to “forget some of the smaller but meaningful tasks involved in the position,” says Seddon.

Other duties as assigned

One of the most important aspects of a job description is the inclusion of a catchall phrase, says Kennedy. “For example, including a phrase such as ‘Other duties or tasks may be assigned on an as-needed basis’ makes it clear from the outset that the job could encompass other tasks.”

“You don’t want an inclusive list, because that doesn’t allow for flexibility — you’ll box yourself in, with no room for growth in the job,” says Peter Kilgore. “A good rule of thumb when drafting job descriptions is to use language that gives employees room to grow in their jobs.”

Wiegand agrees, “A broad statement should give the supervisor some latitude, because there are always situations that come up that aren’t necessarily on the job description.” For example, a catchall phrase is helpful when a manager has to reassign tasks to other employees because someone called in sick.

Kennedy also advises having a disclaimer at the bottom of every job description saying the job description is not an employment contract, that employment is at-will (assuming your business is located within an at-will state), and that the employer reserves the right to alter the job description at any time without notice.

Errors of omission

Surprisingly, the most common mistake when it comes to job descriptions is not what is in them, but simply not having them at all. “Job descriptions come up in lawsuits more as a problem when they don’t exist,” says Kennedy. “For relatively low paid positions, sometimes no one’s taken the time to prepare job descriptions — the highest percentage of discrimination claims comes from people in those positions.”

Another costly mistake can be not having job descriptions reviewed by an attorney to make sure they meet federal and state laws. “Watch out for job categories you classify as exempt, i.e. positions such as sous chef. They must be paid on a salary rather than hourly basis,” says Kilgore. “The U.S. Department of Labor [DOL] also looks to see if the job duties fall into exempt versus nonexempt work. Properly categorized employees are exempt from overtime pay; improperly categorized employees who are deemed by the DOL to be nonexempt will result in back-pay liability for overtime.”

The finished product

A well-written job description can assist restaurant operators in recruitment, retention, training and evaluation. Good job descriptions incorporate the essentials within a flexible framework. “View job descriptions as living, breathing documents,” says Auntie Anne’s Wiegand, “because the employee will add a certain dimension that may not be in the job description.”

Back to top

Sarah E. Smith is an assistant editor at the National Restaurant Association.