Employee Handbook Legal Requirements In Santa Clara

State:
Multi-State
County:
Santa Clara
Control #:
US-002HB
Format:
Word; 
PDF; 
Rich Text
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Description

This Handbook provides an overview of federal laws addressing employer-employee rights and obligations. Information discussed includes wages & hours, discrimination, termination of employment, pension plans and retirement benefits, workplace safety, workers' compensation, unions, the Family and Medical Leave Act, and much more in 25 pages of materials.

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FAQ

Certain policies are mandatory and must be included in your employee handbook. For example, California employers must have a written harassment, discrimination and retaliation prevention policy. Including these policies clarifies for employees their rights and obligations, and protects you from potential liability.

Can You Fire Someone for Not Signing The Employee Handbook? No, an employee cannot be fired for not signing an employee handbook. However, employers may require employees to sign the handbook as a condition of employment and can take disciplinary action if they refuse to do so.

The topics included in the employee handbook should cover the employer's mission statement, equal employment opportunity statement, contractual disclaimer and at-will employment statement (where allowed), purpose of the employee handbook, and background information on the company.

In addition, the handbook should be manually reviewed by a professional every two years. An audit by an employment attorney helps identify employee handbook compliance issues that may expose the company to litigation.

Generally speaking, an employee handbook is not a legally binding contract unless it explicitly states that it is. However, certain statements in the handbook can be interpreted as contractual promises if they are specific enough and imply mutual obligations between employer and employee.

This can be quite frustrating for employees, and unfair, as employees rely on the handbook to follow procedure and expect the employer to similarly follow the handbook rules. Unfortunately, with only extremely rare exceptions, it is not illegal for an employer to violate their own handbook policies.

A code of conduct outlines the ethical and professional standards expected of employees. It aims to guide behavior, ensuring that all employees act in a manner that upholds the company's values and maintains a professional environment. It is usually a policy found within an employee handbook.

Employee handbooks contain proprietary information, which is why confidentiality is an important aspect when discussing handbook policies. Why are employee handbooks confidential? First of all, employee handbooks contain a lot of sensitive employee information that should not be shared outside the organization.

Small businesses can also benefit from providing their employees with an employee handbook. While they're not mandatory, a well-crafted HR handbook is a single source of information that clearly conveys company culture, practices and policies to employees.

While there is no specific law on the federal level that requires employers to create an employee handbook, certain labor regulations may apply if you choose to create one.

More info

This manual is designed to assist hiring managers with appropriate hiring processes and Human Resources practices. Most employers are surprised to learn that California does not require companies to have an employee handbook.California does not require employers to have a handbook. However, if you create a handbook, there are policies that must be included. This Employee Handbook ("Handbook") is designed to ensure that you have the information you need to be successful at the OSA. Employee handbooks are not mandatory under California law, but if you develop one, it must include certain policies. These are some of the sample policies you may wish to include in an employee handbook. No, employee handbooks are not required in California. However, having an employee handbook is still best practice for several reasons. Because it is not a legal requirement in California, some employers do not consider drafting an employee handbook.

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Employee Handbook Legal Requirements In Santa Clara