Anaheim California Amendment to Employee Handbook

State:
California
City:
Anaheim
Control #:
CA-JM-0016
Format:
Word
Instant download

Description

Employers use this form to amend and keep track of the amendments to handbooks or similar documents. A copy of prior versions of the amended handbooks or policies should be saved for possible use in later litigation.

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FAQ

While rare, an employee handbook can inadvertently create a contract in certain instances. Legally, the key factor in determining whether a company handbook constitutes a contract is if the employer has issued a guarantee to the employee or if the employee promises anything to the employer.

How to Amend an Employee Handbook Step 1: Review Current Handbook to Identify Inaccuracies and Inconsistencies.Step 2: Assemble All Materials Reflecting Changes in Policies or Procedures.Step 3: Assemble All Materials Reflecting No Policies or Procedures.Step 4: Conduct Research to Identify Current and Emerging Trends.

As an employee you can challenge unlawful action taken against you-example, discrimination. However, as an employee, you don't get to like or dislike lawful policies adopted by your employer. If you don't sign the handbook, the employer has a right to fire you.

While a company's policies themselves are not legally binding contracts, the policies must nevertheless be followed as a practical matter. Policies and procedures are necessary for employers to deal with the difficult but essential area of workforce management.

Employee handbooks are also used as a way to protect the employer against certain claims, such as unfair treatment claims. Unless the text of an employee handbook clearly indicates otherwise, an employee handbook can be considered a legally binding document between an employer and their employees.

Each of the following policies must be included in your employee handbook: Equal Employment and Anti-Discrimination Policy. Family Medical Leave Act (FMLA) Policy (50 Employees) Jury Duty Leave. Military Service Leave. Sexual Harassment Policy.

The NLRB says that a policy that treats an employee handbook as confidential effectively precludes employees from discussing handbook policies regarding employee pay, benefits, and working conditions with unions and other third parties.

Are employers required to provide employee handbooks? Unlike the legal requirement to provide a written statement of terms and conditions, commonly provided as an employment contract, there's no legal requirement for having a staff handbook. However, there are benefits for providing a staff handbook.

California does not require employers to have a handbook. However, if you create a handbook, there are policies that must be included.

A good cadence is to review and update your employee handbook every one to two years, maximum. Ideally, this is an annual exercise.

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Anaheim California Amendment to Employee Handbook