If an employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason. However, written personnel policies used as guidelines for the employee have been interpreted by some courts as restricting the employer's right to discharge at-will employees without just cause. Employee handbooks or personnel manuals have been construed as part of the employee's contract. This is why all personnel manuals and employee handbooks should contain a disclaimer. The attached form is a sample of such a disclaimer.
Title: Oakland, Michigan — Personnel/Employee Manual or Handbook Disclaimer Introduction: In order to ensure clarity and legal protection, it is essential to include a precise and comprehensive disclaimer in the Personnel or Employee Manual or Handbook for a business operating in Oakland, Michigan. This disclaimer aims to inform employees of the purpose, limitations, and legal aspects surrounding the provided information. Different types of disclaimers that can be included are: 1. General Disclaimer: a. This disclaimer covers the entire employee manual or handbook and serves as a universal notice to employees that the contents are subject to change, interpretation, and local legislation. It highlights that the manual or handbook does not create a contract of employment and that any employment relationship remains at-will. 2. Employment Policies Disclaimer: a. This disclaimer focuses specifically on the employment policies outlined in the employee manual or handbook. It states that these policies are not exhaustive and can be modified by the employer at any time. Additionally, it emphasizes that employees should consult with human resources or management to ensure they possess the most up-to-date information. 3. Legal Compliance Disclaimer: a. This disclaimer highlights the importance of compliance with local, state, and federal laws governing employment in Oakland, Michigan. It specifies that the employee manual or handbook is not an exhaustive representation of these laws but serves as a general guideline. It advises employees to seek legal advice or approach relevant authorities to confirm compliance with applicable regulations. 4. Non-Discrimination and Harassment Disclaimer: a. This disclaimer specifically addresses non-discrimination and anti-harassment policies within the workplace. It emphasizes that these policies align with local, state, and federal regulations, including those protecting against discrimination based on race, color, religion, sex, national origin, disability, age, or any other protected class. This disclaimer encourages employees to report any instances of discrimination or harassment promptly. 5. Confidentiality and Data Protection Disclaimer: a. This disclaimer focuses on the protection of confidential company information and personal data of employees. It highlights that employees are required to adhere to strict confidentiality standards and outlines the procedures for handling sensitive information. It also specifies the business's compliance with relevant privacy laws, such as the California Consumer Privacy Act (CCPA) or General Data Protection Regulation (GDPR). Conclusion: Including a well-crafted disclaimer in the Personnel or Employee Manual or Handbook for a business operating in Oakland, Michigan is vital to set expectations, inform employees of their rights and responsibilities, and manage legal risks. Employers should ensure that these disclaimers accurately reflect applicable local, state, and federal laws, while also considering the specific company policies and practices. Seek legal counsel or human resources expertise to create an effective disclaimer that aligns with the organization's requirements and protects both employees and the business.
Title: Oakland, Michigan — Personnel/Employee Manual or Handbook Disclaimer Introduction: In order to ensure clarity and legal protection, it is essential to include a precise and comprehensive disclaimer in the Personnel or Employee Manual or Handbook for a business operating in Oakland, Michigan. This disclaimer aims to inform employees of the purpose, limitations, and legal aspects surrounding the provided information. Different types of disclaimers that can be included are: 1. General Disclaimer: a. This disclaimer covers the entire employee manual or handbook and serves as a universal notice to employees that the contents are subject to change, interpretation, and local legislation. It highlights that the manual or handbook does not create a contract of employment and that any employment relationship remains at-will. 2. Employment Policies Disclaimer: a. This disclaimer focuses specifically on the employment policies outlined in the employee manual or handbook. It states that these policies are not exhaustive and can be modified by the employer at any time. Additionally, it emphasizes that employees should consult with human resources or management to ensure they possess the most up-to-date information. 3. Legal Compliance Disclaimer: a. This disclaimer highlights the importance of compliance with local, state, and federal laws governing employment in Oakland, Michigan. It specifies that the employee manual or handbook is not an exhaustive representation of these laws but serves as a general guideline. It advises employees to seek legal advice or approach relevant authorities to confirm compliance with applicable regulations. 4. Non-Discrimination and Harassment Disclaimer: a. This disclaimer specifically addresses non-discrimination and anti-harassment policies within the workplace. It emphasizes that these policies align with local, state, and federal regulations, including those protecting against discrimination based on race, color, religion, sex, national origin, disability, age, or any other protected class. This disclaimer encourages employees to report any instances of discrimination or harassment promptly. 5. Confidentiality and Data Protection Disclaimer: a. This disclaimer focuses on the protection of confidential company information and personal data of employees. It highlights that employees are required to adhere to strict confidentiality standards and outlines the procedures for handling sensitive information. It also specifies the business's compliance with relevant privacy laws, such as the California Consumer Privacy Act (CCPA) or General Data Protection Regulation (GDPR). Conclusion: Including a well-crafted disclaimer in the Personnel or Employee Manual or Handbook for a business operating in Oakland, Michigan is vital to set expectations, inform employees of their rights and responsibilities, and manage legal risks. Employers should ensure that these disclaimers accurately reflect applicable local, state, and federal laws, while also considering the specific company policies and practices. Seek legal counsel or human resources expertise to create an effective disclaimer that aligns with the organization's requirements and protects both employees and the business.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.