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Important Questions About Employee Handbooks That Every Employer Should Know

By Lane V. Erickson

Several times a week I have clients who come to me and ask me to either review an employee handbook for them or to create an employee handbook for use with their employees in their business.  The most universally, two specific questions that come up from my clients are discussed below.

WHAT IS AN EMPLOYEE HANDBOOK?

The first question that is asked by my clients is “what is an employee handbook?” An employee handbook is a written document that provides an explanation of the workplace, and contains the employer’s policies and rules for new and existing employees.

Employee handbooks do not have to be lengthy, but to accomplish their purpose they normally contain and provide information on the following types of topics:

  • at will employment disclaimer;
  • equal employment opportunity statement;
  • summary of established company policies and work rules;
  • anti-harassment policy;
  • benefits information; and
  • information regarding FLSA status (i.e., exempt, non-exempt) and employment classification (i.e., full-time, part-time, seasonal).

Not only does an employee handbook provide a guide for employees, it also serves as a human resources tool to set standards for all employees to follow. In addition, employee handbooks serve as useful reference tools for management when determining whether certain employee conduct violates workplace rules and policies. As a result, it is crucial that employers who have employee handbooks train their supervisors on the policies and guidelines contained in the employee handbook so that they may easily identify violations and can serve as examples for the other employees to follow.

DO I NEED AN EMPLOYEE HANDBOOK FOR MY EMPLOYEES?

Once my clients know what an employee handbook is, the next question is whether they need one for their employees.  he most important place for every employer to start is an understanding that there is no specific law requiring employers to have an employee handbook. Some smaller employers, who have only a few employees, feel that having an employee handbook is just too much work.  They believe that it isn’t worth the time and effort. However, almost universally, most employers believe having an employee handbook is a good idea. For these employers, an employee handbook lets them inform their employees about workplace rules in an efficient, uniform way. Additionally, these employers believe that an employee handbook helps employees know what is expected of them and what they can expect of the employer. Furthermore, these employers believe that they are better able to prove that all employees were aware of the rules if an employee later decides to challenge the employer in court.

For most employers, an employee handbook can provide their company with valuable legal protections. For example, an at-will policy can provide a valuable defense against employee claims of breach of contract. The handbook also gives the employer a good place to collect policies that must be in writing, such as policies on smoking, drug testing, or family and medical leave.

If you have questions about using an employee handbook in your business, we can help. Call us toll free at 877-232-6101 or 208-232-6101 for a consultation with Lane Erickson and the Racine Olson team of Employment Law attorneys in Idaho. You can also email Lane Erickson directly at lve@racinelaw.net. We will answer your Idaho Employment Law questions and will help you solve your Idaho Employment Law problems.

This website includes general information about legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice on any particular set of facts or circumstances. You need to contact a lawyer for advice on specific legal issues.

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