Does your company or business need an employee handbook? I bet the answer is….yes.
Most companies have employee handbooks, but are they necessary? There are definite advantages to having a handbook, such as promoting equal and standardized treatment of all employees. Once rules and procedures are written down, it makes training new employees a breeze. Below are some suggestions for handbooks that can greatly assist an employer in maintaining a safe, legally compliant and enjoyable business.
In California every business is required to provide their employees with certain written policies, such as an at-will policy, sexual harassment policy, anti-harassment policy, safety policy, paid family leave policy, as well as the required information that must be provided with respect to the Earned Income Tax Credit Information Act, state disability insurance, local lawyers handling workers compensation, and unemployment compensation.
The “At Will” Policy
Despite that California law presumes that all employment is at will, there are exceptions. The employee handbook should address the “implied contract” exception. Under a implied contract theory, if an employee has been with the company for a long time and continues to excel and is promised a future at the company, they could claim, upon termination, that the employer breached an implied contract that the employee would be terminated only for “cause.” It basically becomes a “he said/she said” situation. However, if the employee has signed an acknowledgment of the employee handbook that clearly states the employment is at will, the acknowledgment supersedes any argument to the contrary. In the handbooks that are drafted by RAXTER LAW, the “at will” employment clause is placed in numerous places within the manual.
The employee handbook should include a detailed section incorporating the legal definition of harassment, the remedies for the victim and the consequences for the perpetrator. California employers are required to provide this information in writing.
It is crucial to discuss whether the company considers voice mails, emails and other electronic communications (that uses company property/equipment) to be private. By law, employees are entitled to a reasonable expectation of privacy.
Many employers have become lax in including the required statements regarding workplace safety. All California employers must have a separate Injury and Illness Prevention Program manual which can be found at www.nehoralaw.com.
Leaves of Absences
As you know, or will soon find out, the interaction of numerous laws concerning medical and other leaves of absences is daunting. Having these policies written in “plain language” is helpful for everyone. Moreover, California law requires employers to provide information on the relatively new Paid Family Leave Act, and information about pregnancy leave rights.
By having a complete but straightforward employee handbook, an employer can promote fairness and
consistency in the workplace and minimize the risk of the kind of arbitrary conduct that can easily lead to lawsuits.
Our office can draft a custom employee handbook for a very reasonable flat fee. Feel free to contact us for more information.
27851 Bradley Rd, Ste 145
Menifee, Ca 92586