It is extremely important that employers periodically review with their employment counsel their Employee Handbook to insure that it accurately sets forth the employer’s policies and goals in a clear manner so that all employees know exactly what is expected of them as employees. Clearly articulated policies and goals contained in the Employee Handbook can, at times, limit an employer’s legal liability by providing a valid defense to certain claims. Below are some of the policies that should be included in every Employee Handbook. This list is certainly not meant to be exhaustive, but is intended to provide guidance as to some important provisions that should be contained in an Employee Handbook.
Employees need to be provided with clearly articulated expectations of what conduct will or will not be tolerated in the workplace. The Discipline Policy should set forth the steps that will be followed in the event of a disciplinary action. Management personnel should be periodically trained on these steps and on the importance of documenting that all disciplinary steps have been followed.
Statement Concerning Equal Employment Opportunity (EEO)
The employer’s EEO policy should provide a clear statement of the employer’s intent to provide fair and equal treatment to all employees in all terms and conditions of employment, regardless of the employee’s race, color, sex, age, disability, religion, national origin, veteran status and/or any other status protected by applicable federal, state or local laws. Like all policies, an EEO policy should be part of the training of all management personnel and should be periodically reviewed to insure that it is consistent with any changes that might occur in the law.
Statement Regarding At-Will Employment
An Employee Handbook should contain a statement making it clear that employment is at-will, meaning that the employment may be terminated by either the employer or employee at any time, without reason or notice. This statement should also make it clear that the Employee Handbook does not create a contract for employment. Additionally, the statement should inform employees that any policies set forth in the Employee Handbook can be modified at any time by the employer.
Statement Prohibiting Harassment and Discrimination
Related to the employer’s EEO policy or statement, this statement makes it clear to all employees that discrimination, harassment and retaliation in the employer’s workplace that is based on a person’s race, color, religion, national origin, sex, age, disability, veteran status or any other classification protected by federal, state or local law is prohibited and will not be tolerated. In addition to the clearly articulated statement of the employer’s intent, this statement should include the various processes by which an employee may complain if the employee believes he or she has been the victim of harassment, discrimination or retaliation.
Statement Regarding Family and Medical Leave Act
Under federal law, where an employer employs fifty or more employees, the employer must comply with the Federal Family and Medical Leave Act. The FMLA provides eligible employees 12 weeks of unpaid leave each leave year. The FMLA requires that an employer’s Employee Handbook contain an FMLA policy statement.
Statement Regarding Confidentiality and Trade Secrets
A statement in the Employee Handbook regarding confidentiality and trade secrets should clearly state that, during the course of their employment, employees have or may have access to confidential and proprietary information and trade secrets that are the sole property of the employer. The statement should inform employees that they are required to keep this information confidential both during the course of their employment and following the termination of their employment. This statement should articulate policies and guidelines for how such information is to be managed and handled by the employees.
Statement Regarding Electronic Communications
Given that many employees make use of workplace computer systems and other company owned equipment in the context of their employment, Employee Handbooks should make it clear that the employer reserves the right to review and monitor all information that passes through their computer systems and equipment. Employees should be informed that they should have no expectation of privacy related to any communication that takes place using employer owned computers or equipment, regardless of whether the communication is business related or personal.