SOME DO'S AND DON'TS ABOUT EMPLOYEE HANDBOOKS

DO'S

• Do address every major aspect of employment such as:
• Organization, management and administration;
• Policies regarding overtime, time reports, lunch and break periods, and personal use of company equipment and supplies; and
• Employee benefits and how they apply.
• Do reserve the right to modify the handbook at your discretion.
• Do review your handbook yearly and make modifications based on changes in the company or its policies and changes in employment law.
• Do have your employees sign a handbook receipt form and have them sign new receipt forms whenever there are handbook changes.

DON'TS

• Don't create a contract. Your employee handbook is designed to communicate the company's rules, policies, procedures and benefits. In a prominent place, specify that the handbook does not create a contractual relationship.
• Don't include the term "cause" when describing termination or disciplinary matters. The use of "good cause" or "just cause" imply greater job protection than the concept of an "at-will" employment relationship.
• Don't refer to a probationary, orientation or training period in the handbook. Such a reference suggests that after this period passes, the employee has some degree of job protection beyond "at-will."
• Don't "guaranty" benefits. Give yourself room to modify benefit structures, as needed. State that the handbook refers to benefits existing at that particular time, and are subject to modification.

A quality handbook will help you in efficiently and effectively communicating your company's policies. It helps to insure that your company's procedures comply with employment laws, such as the Family and Medical Leave Act of 1993; the Americans with Disabilities Act; diversity issues; sexual harassment laws; and employee health concerns such as AIDS/HIV, repetitive stress injuries and second-hand smoke. Finally, your quality employee handbook will help ease the administrative burden on supervisory personnel.

Of course, this is only a brief overview of some of the "do's and don'ts" when drafting your employee handbook, and should not be used for specific legal advice. Please contact us if you would like additional information or would like assistance in reviewing or drafting your handbook.

NOTICE

This web page and the information contained herein may constitute advertising material under the Illinois Rules of Professional Conduct.

The firm brochures provided by Smith, Landmeier & Elders, P.C. are intended to provide general information on various areas of the law. They are not to be relied upon for specific legal advice. Transmission or receipt of this information is not intended to create an attorney-client relationship. Any specific legal questions or issues should be handled by a competent attorney.

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