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EMPLOYEE MANUAL
Employee
Handbooks Are NOT Governed By Federal or State Law.
However, if written incorrectly, your Employee Handbook could
become the greatest source of ammunition for your Employee’s
Attorney.
Frequently, Employee Handbooks are brought into court as primary
evidence of alleged wrongdoing by an employer.
What you don't say could weigh as heavily
as what you do say:
- Permanent Employee
- Job Security
- Good/Just Cause
- Long Term Future
- Probationary Period
- Annual Pay Raise
- Fair
- Grow with Company
- Part of our Family
- Do a Good Job
- Tenure
- We Will . . .
BEST things to say:
- Have a statement clearly defining your Employee Manual as a
document containing general information only.
- State that terms and conditions of your Employee Handbook may
be changed and/or revoked without notice (but don’t put
a limitation on this statement such as, “ . . . will be
updated on anniversary date.”)
- Explain that your Employee Manual is not to be intended, considered,
or construed as any type of contract.
- Include employee signature forms agreeing to read the manual
and understand that employment is “At-Will.”
Define how FMLA leave will be measured, include updated COBRA
information and HIPAA Special Enrollment procedures.
- Clearly outline EEOC Rights including Sexual Harassment Policies
(i.e. employee protection from retaliation, alternative superiors
that a victim may notify if their supervisor is the offender,
etc.).
The Step-By-Step audit will guide you through the complexities
of this important manual.
Our 5 Step Plan:
Initial Review: Determine composition
and main focus of your current manual.
Analysis and Comparison: Compare
your Employee Handbook to our 50+ point comprehensive audit. This
will identify potential areas of weakness and wording that could
create liability.
Recommendations: Summarize improvement
and the rationale behind our thought process. We will give you
sound advice that may help reduce your risk and eliminate confusion.
Implementation: Provide assistance
in amending your current document and incorporate the necessary
forms into your Employee Manual.
Monitor and Update: Your Employee
Manual should be regularly updated to reflect all legislative changes
in Employment Law, HIPAA, COBRA, FMLA, etc. As new laws are passed,
we will provide you with up-to-date information to help ensure
your compliance.
“WHY have a Manual at all?”
NOT having an Employee Manual, could make it much more difficult
to defend and prove your policies while overcoming hearsay. It
is also difficult to have your supervisors follow all company policies
and Federal rules and guidelines consistently without a guide to
follow.
Many companies are afraid to publish an Employee Handbook, thinking
that the information within could be held against them in the judicial
system. Written correctly, an Employee Manual is not only a useful
tool in the realm of workplace policy but an invaluable piece of
evidence.
Compliance Check is a Registered Trademark of DRB Ventures, LLC. All Rights
Reserved.
CALL your Spetner Associates, Inc. Specialist to help YOU be Compliant with your Employee Manual.
314-442-0000
Fax 314-442-0050
8630 Delmar Blvd., Suite 100
St. Louis, MO 63124
Spetner Associates, Inc.
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