Is it a requirement to have an employee handbook?

There is no law that requires your company to have an employee handbook. There are, however, federal and state laws that you need to follow, and the best way to demonstrate that you're following them is with policies in an employee handbook. In addition, your employees should be able to easily access those guidelines.

What is an employee handbook disclaimer?

All employee handbooks must include a disclaimer that nothing in the handbook creates a contract for employment or alters the employee's at-will employment relationship. While you are at it, take out the 90-day probationary period language if your employees are at will.

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Disclaimer for Personnel or Employee Manual or Handbook

San Bernardino California Disclaimer for Personnel or Employee Manual or Handbook

Name: San Bernardino California Disclaimer for Personnel or Employee Manual or Handbook
Brand: US Legal Forms
Rating: 4.87 (268 reviews)

Category:

Employment - Policies and Procedures

State:

Multi-State

County:

San Bernardino

Control #:

US-00553BG

Format:

Instant download

Description

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.

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FAQ

A rule that employee handbooks and their contents are confidential and may not be disclosed to third parties violates the Act, unless tailored to protect specific employer proprietary information unrelated to terms and conditions of employment.

Most employers are surprised to learn that California does not require companies to have an employee handbook. However, the Fair Employment and Housing Act (FEHA) requires that California employers with at least five employees distribute written harassment, discrimination, and retaliation prevention policies.

Employee handbooks provide guidance on interpersonal conduct between employer and employee, company culture and expectations, and legal policies and procedures. Technically, however, you don't need an employee handbook it is not a legal requirement and may not be legally binding.

California law requires an employer to pay employees overtime for all hours worked in excess of 40 hours in a workweek and eight hours in a workday. An employer is also required to pay overtime to employees who work a seventh consecutive day in a workweek.

And if your company doesn't have a handbook, managers and employees will need to rely on the company's institutional memory to ensure that policies are consistently applied. Work policies and expectations also take on more importance and are more likely to be followed when you document them in an official handbook.

There is no law that requires your company to have an employee handbook. There are, however, federal and state laws that you need to follow, and the best way to demonstrate that you're following them is with policies in an employee handbook. In addition, your employees should be able to easily access those guidelines.

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.

Are employee handbooks a legal requirement? Employee handbooks are not a legal requirement on their own. However, it is a legal requirement for employees to be made aware of all company policies, and handbooks are one of the easiest ways to achieve this.

All employee handbooks must include a disclaimer that nothing in the handbook creates a contract for employment or alters the employee's at-will employment relationship. While you are at it, take out the 90-day probationary period language if your employees are at will.

More info

Verify San Bernardino City Unified School District Employees. Available at the time of any incident. 104.2.2017Ǧ18. EDD Staff Contributions: 2. Return to Table of Contents. Student Handbook change as the University deems necessary or appropriate. Our staff is fluent in English and Spanish. Kern County Genealogical Society. Rated 0 out of 5100,000 Government surplus Colt 1911 pistols for sale. It houses about 161 inmates under the supervision of over 143 staff members.

San Bernardino California Disclaimer for Personnel or Employee Manual or Handbook

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