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 Diego California Disclaimer for Personnel or Employee Manual or Handbook

Name: San Diego 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 Diego

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.

An employee handbook is important as it provides standardization of personnel and benefit policies, preventing misunderstandings, complaints and job dissatisfaction out of misinterpretation of personnel and benefit policies by employees.

California does not view employee handbooks as contracts under most circumstances, but other states do allow handbooks to substitute for contracts. For example, in Arizona, the state supreme court ruled that employers cannot change the employee handbook without the agreement of the employees.

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.

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.

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.

Send an email to employees with an attachment containing the handbook if you encounter difficulty with your website control panel. This option also might help you if you must distribute the handbook quickly but are dependent on an unavailable website administrator to post the handbook for you.

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.

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.

While the law in California does not require businesses to create or distribute employee handbooks, the law does require every business to memorialize certain workplace policies in writing.

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San Diego California Disclaimer for Personnel or Employee Manual or Handbook

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