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.
New Mexico Disclaimer for Personnel or Employee Manual or Handbook: 1. General Description: The New Mexico Disclaimer for Personnel or Employee Manual or Handbook is a legal document that serves as a disclaimer to set forth important information, policies, and guidelines for employees within an organization operating in the state of New Mexico. It aims to protect the organization and ensure compliance with state laws and regulations. 2. Scope and Applicability: This disclaimer is applicable to all employees, including full-time, part-time, temporary, and contractual personnel working within the jurisdiction of New Mexico. It covers various industries such as healthcare, education, retail, technology, and more. 3. Legal Compliance: This disclaimer outlines the organization's commitment to comply with federal, state, and local employment laws, including but not limited to the New Mexico Human Rights Act, Public Health Emergency Response Act, Minimum Wage Act, and New Mexico Occupational Health and Safety Act. 4. Disclaimer of Employment Relationships: The manual includes a disclaimer clarifying that nothing contained within the document should be interpreted as creating an employment contract, explicit or implied, between the organization and its employees. It ensures that employment remains at-will unless otherwise specified in a separate written agreement. 5. Policies and Guidelines: Detailed policies and guidelines that address various aspects of employment are included, such as: a. Equal Employment Opportunity (EEO): This policy prohibits discrimination and harassment based on race, color, national origin, religion, sex, age, disability, genetic information, sexual orientation, gender identity, or any other characteristic protected by applicable law. b. Code of Conduct and Ethics: This section outlines the organization's expectations regarding employee behavior, ethics, professionalism, and the consequences of violating these guidelines. c. Leave Policies: A comprehensive overview of leave entitlements, including vacation, sick leave, family and medical leave, military leave, jury duty, and bereavement leave, ensuring compliance with New Mexico laws. d. Workplace Safety: Policies and procedures related to occupational health and safety conforming to New Mexico Occupational Health and Safety Act, emphasizing the organization's commitment to providing a safe and healthy work environment. 6. Disclaimer for External Links: If the manual contains external links to resources or websites, a disclaimer must be included stating that the organization is not responsible for the content, accuracy, or availability of such external resources. 7. Policy Modification: A statement clarifying that the organization reserves the right to modify, revoke, or update any policies, procedures, or benefits described within the manual to align with changing laws or organizational needs. Types of New Mexico Disclaimer for Personnel or Employee Manual or Handbook: 1. Basic Employee Handbook Disclaimer: This type includes essential sections covering legal compliance, at-will employment, equal employment opportunity, and a general outline of policies without diving into extensive details. 2. Comprehensive Employee Handbook Disclaimer: In addition to the basic sections, this version includes an in-depth explanation of specific policies, procedures, and guidelines, tailoring the manual to the organization's industry, size, and unique requirements. 3. Industry-Specific Employee Handbook Disclaimer: These handbooks are designed for specific industries like healthcare, education, hospitality, or manufacturing, including industry-specific regulations and compliance requirements. 4. Multilingual Employee Handbook Disclaimer: For organizations with a diverse workforce, this type of handbook includes translations of key policies and guidelines to cater to employees who may not be fluent in English. It is important to consult with legal professionals specializing in employment law while creating a New Mexico Disclaimer for Personnel or Employee Manual or Handbook to ensure compliance with applicable state and federal laws.
New Mexico Disclaimer for Personnel or Employee Manual or Handbook: 1. General Description: The New Mexico Disclaimer for Personnel or Employee Manual or Handbook is a legal document that serves as a disclaimer to set forth important information, policies, and guidelines for employees within an organization operating in the state of New Mexico. It aims to protect the organization and ensure compliance with state laws and regulations. 2. Scope and Applicability: This disclaimer is applicable to all employees, including full-time, part-time, temporary, and contractual personnel working within the jurisdiction of New Mexico. It covers various industries such as healthcare, education, retail, technology, and more. 3. Legal Compliance: This disclaimer outlines the organization's commitment to comply with federal, state, and local employment laws, including but not limited to the New Mexico Human Rights Act, Public Health Emergency Response Act, Minimum Wage Act, and New Mexico Occupational Health and Safety Act. 4. Disclaimer of Employment Relationships: The manual includes a disclaimer clarifying that nothing contained within the document should be interpreted as creating an employment contract, explicit or implied, between the organization and its employees. It ensures that employment remains at-will unless otherwise specified in a separate written agreement. 5. Policies and Guidelines: Detailed policies and guidelines that address various aspects of employment are included, such as: a. Equal Employment Opportunity (EEO): This policy prohibits discrimination and harassment based on race, color, national origin, religion, sex, age, disability, genetic information, sexual orientation, gender identity, or any other characteristic protected by applicable law. b. Code of Conduct and Ethics: This section outlines the organization's expectations regarding employee behavior, ethics, professionalism, and the consequences of violating these guidelines. c. Leave Policies: A comprehensive overview of leave entitlements, including vacation, sick leave, family and medical leave, military leave, jury duty, and bereavement leave, ensuring compliance with New Mexico laws. d. Workplace Safety: Policies and procedures related to occupational health and safety conforming to New Mexico Occupational Health and Safety Act, emphasizing the organization's commitment to providing a safe and healthy work environment. 6. Disclaimer for External Links: If the manual contains external links to resources or websites, a disclaimer must be included stating that the organization is not responsible for the content, accuracy, or availability of such external resources. 7. Policy Modification: A statement clarifying that the organization reserves the right to modify, revoke, or update any policies, procedures, or benefits described within the manual to align with changing laws or organizational needs. Types of New Mexico Disclaimer for Personnel or Employee Manual or Handbook: 1. Basic Employee Handbook Disclaimer: This type includes essential sections covering legal compliance, at-will employment, equal employment opportunity, and a general outline of policies without diving into extensive details. 2. Comprehensive Employee Handbook Disclaimer: In addition to the basic sections, this version includes an in-depth explanation of specific policies, procedures, and guidelines, tailoring the manual to the organization's industry, size, and unique requirements. 3. Industry-Specific Employee Handbook Disclaimer: These handbooks are designed for specific industries like healthcare, education, hospitality, or manufacturing, including industry-specific regulations and compliance requirements. 4. Multilingual Employee Handbook Disclaimer: For organizations with a diverse workforce, this type of handbook includes translations of key policies and guidelines to cater to employees who may not be fluent in English. It is important to consult with legal professionals specializing in employment law while creating a New Mexico Disclaimer for Personnel or Employee Manual or Handbook to ensure compliance with applicable state and federal laws.