Frank & Breslow, P.C. believes the best way to avoid employee problems is to prepare for them in advance. The foundation for doing so is the Employee Handbook. Although the Handbook cannot provide for every situation that may arise, it should provide a thorough overview of the Employer's policies and expectations. The Handbook puts employees on notice of what is expected from them and lets them know what they can expect from the employer. There is a difference between handbooks for unionized and non-unionized employees, but the necessity of a handbook for both types of employees is essential in forming a sound foundation for dealing with employee issues.
An Employee Handbook should contain an introduction which can include a mission statement, employment philosophy, work performance expectation, an Equal opportunity policy statement, a harassment policy statement and complaint procedure. The introduction should be followed with the terms and benefits of employment and conclude with the Employer's rules. There are Federal and State laws that effect the employer/employee relationship such as the Family and Medical Leave Act, COBRA, Anti-Discrimination laws, wage and hour laws, just to name a few. These laws must be incorporated into the language of the Handbook. Failure to do so can cause employee confusion and may cause the employer to be out of compliance with these laws.
An Employee Handbook is a complex document and the employer is expected to abide by its terms. If you currently have a handbook, it should be reviewed periodically to ensure the language reflects changes in the law and your organization. If you do not have a handbook you should give serious thought about getting one; and the sooner the better.