Are you using a Non-Disclosure Agreement or Employee Handbook or other form of agreement with any or all employees? Are you sure you're protected?

I recently met someone who used a Non-Disclosure Agreement. However, he had neglected to follow-up with employees to make sure he actually received back signed copies. When he was terminating an employee it was discovered that his company's technology was unprotected.

Sadly, this is not an uncommon situation. You're busy and get distracted with other work. A week goes by and the last thing you're thinking about is having that signed form returned to you. But without the employee's signature on these documents, they are worthless in protecting your information, acting on policy violations, etc., etc.

I'm guessing that you didn't create those agreements or your Employee Handbook just to have it ignored and unable to defend yourself in court if needed. So you really need to develop a system to ensure you get those signatures in place and files in each employee's file.

I use two methods. One is for new employees and is simply using a form that lists all the new-hire paperwork that was given out. I keep that form in my follow-up file until I receive every form that needs to be returned. You just check each item off on the form as it's received.

The other method is for existing employees when you're issuing a new Employee Handbook or other document where their signature is required. It's simple … just print out a listing of current employees and cross their name off when they have returned the signed form. Don't forget to add a heading on the list saying what it's for!

Of course, the secret is following up and issuing deadlines. Don't let these things drag out. I usually tell everyone I need the signed forms back within a week. Ideally, you want to give employees three days to review any document. But, after that, drive them crazy until they return it.

My one exception is the Non-Disclosure Agreement. I send that out with my offer letter and they don't start work until it's signed. The whole point of it is to protect your company. If you're giving them access to your company information and secrets without a signed Agreement, you're voiding it yourself.

Go to your employee files right now and start auditing them. A late signature is better than nothing, but the best protection is getting those signatures at the right time.