Drafting an Employment Handbook

DRAFTING AN EMPLOYMENT/EMPLOYEE HANDBOOK

A comprehensive employee handbook is critical in a work environment to help set expectations for both the employer and employees. Through a handbook, an employer is able to communicate its policies, expectations and rules so that employees clearly understand the behavior that is expected in the workplace. It also forms a written point of reference for employees who may be uncomfortable requesting a meeting with management to ask questions that they may consider to be sensitive.

A handbook is also important to establish standards of discipline and to establish a fair and consistent mechanism for equal and fair treatment with respect to benefits administration, discipline and termination. This is a benefit for both the employer and employee. For employees, the handbook assists in avoiding discipline, adverse employment action and possible termination. For an employer, it provides the basis for defending a lawsuit by an employee who claims unfair or unequal treatment.

There is generally no standard handbook for all employers. Each employer typically drafts a handbook that reflects its culture, rules and procedures. Each employer must carefully consider what information should be included in its handbook to ensure that most areas of concerns are addressed. The following is a list of topics and sample index for such a handbook. The specific contents are typically tailored to reflect each employer's specific industry and situation.

EMPLOYMENT HANDBOOK - SELECT TOPICS/INDEX

COMPANY'S MISSION AND POLICIES
Firm's Mission Statement
Employee Relations Philosophy
Open Door Policy
Equal Employment Opportunity
Anti-Discrimination/Non-Harassment Policy
Categories of Employment Defined
      -Full time
      -Part time
      -Interns
      -Independent Contractor
Policy on Employment References

EMPLOYEE PAY AND PROGRESS
Employee Compensation Policy and how Determined
Performance Reviews
Pay Periods
Commissions

YOUR EMPLOYMENT BENEFITS
Paid Holidays
Vacation Days
Personal Leave
Sick Leave
Temporary/Part-time Employees
Jury Duty
Bereavement Leave
Leave of Absence
Military Leave
Health Care Plan
Dental Coverage
Life Insurance
Profit Sharing Plan/Retirement Plan
401(k) Plan
ON THE JOB
Hours of Work
Lunch Break
Cell Phones and Pagers In Office
Attendance and Punctuality
Keys
Personnel Information Changes
Confidential Matters
Dress Code
Overtime Policy

TELEPHONES, OFFICE EQUIPMENT AND SUPPLIES
Office Telephone Policy
Internet Usage and Email
Personal Use of Other Office Equipment
Computer Usage

STANDARD OF CONDUCT

DISCIPLINE PROCEDURES

Appendix - Additional Acknowledgments to be Signed by Employee upon Hire

Appendix A - Receipt of Handbook
Appendix B - Harassment and Reporting Policy
Appendix C - Incident Report/Complaint Form
Appendix D - Firm's Computers and Internet Policy
Appendix E - Confidentiality Agreements
Appendix F - Non-Compete/Restrictive Covenant

Our experienced employment attorneys assist companies in this regard by analyzing the nature of their business, industry customs and norms as well as the applicable laws in drafting customized handbooks.