Employee policy manual legality

An employee handbook can help with all of these situations and more. Employers struggle to communicate consistent policies and broach sensitive topics, so talk to a lawyer about drafting an employee handbook to help. While there is no formal legal requirement to implement one, a handbook allows you to communicate vital policies and procedures, which can prevent legal issues, and can protect your company in the case that there is an issue.

An employee handbook establishes a valuable resource for both employees and employers alike. Employees will use an employee handbook to answer their various work-related questions, such as benefits and policies; for employers, it reduces misunderstanding, sets expectations and limits contentious conversations associated with enforcement.

On the Job Attendance Policy. Standards of Conduct Policy. Performance Review Policy. Dress Code and Grooming Policy. Lactation Break Policy. Solicitation and Distribution Policy. Telecommuting Policy. Social Media Policy US. Outside Employment Policy. Flexible Work Schedule Policy.

Company Car Policy. Romance in the Workplace Policy. Nepotism Policy. Reporting Workplace Injuries and Illnesses Policy.

Workplace Safety Rules and Procedures. Smoke-Free Workplace Policy. Substance Abuse in the Workplace Policy. When an employer does not follow their own policy regarding the ways in which an employee in a protected category is treated, this can raise the inference of discrimination.

Companies can minimize liability by having anti-harassment policies. These can include various obligations, for example, an obligation to put an employer on notice or to follow the harassment policy when making a claim. If an employee does not follow the internal procedures outlined by the policy they may not be able to pursue a claim in court.

These types of policies include inter-office dating policies and anti-nepotism policies that prohibit or limit situations in which employer and employee relatives can work at the company. These policies are legal and you should be aware of them as violation of the policies may lead to discipline or termination. Non-Compete and Arbitration clauses are common in employment contracts and are generally legal and binding. While an employer cannot technically force you to sign a non-compete agreement or an arbitration clause, they can legally choose not to hire you or to terminate you if you refuse to sign the agreements.

For more information on Non-Compete and Arbitration clauses and how they affect your workplace rights, see our respective pages: Non-Compete Agreements and Arbitration Agreements. In fact, employers are generally able to monitor your internet usage without an express personnel policy on the matter. For example, employers may monitor e-mail from the work e-mail address provided to you, or monitor any e-mail stored on your work computer and only two states, Connecticut and Delaware , require employers to notify employees that their e-mail is being monitored.

It is important to note that you can generally be fired for not following internet usage policies or if the employer finds your internet usage unacceptable. There are no federal laws that prohibit an employer from requiring an employee or job applicant to provide their username and password for social media accounts; however, a number of states have enacted laws with various levels of protection in regards to employees social media accounts.

Employers generally can and do use information from accessible social media accounts to make employment decisions. Information gathered from social media can be used in the hiring process with some limitations ie: an employer cannot use information from social media to determine your age, race, disability, religion, national origin, or gender and discriminate based on those facts. But in general, an employer can fire you for having a personal website or blog that it deems inappropriate, with very limited exceptions.

Thus, protesting about working conditions might be protected, while complaining about a boss might not be. Thus, OSHA provides the minimum guidelines for health and safety that employers must implement. To reduce legal risk, employers must discipline the employee according to the drug use policy. The company must apply this policy in a nondiscriminatory manner.

It will also be imperative for employers to document the incident, including the criteria for believing the employee is impaired by marijuana usage. Register for the webinar. Get your whole employee handbook in compliance.

Skip to primary navigation Skip to main content Search Bar Search this website. Employers may prohibit impairment by medical or recreational marijuana use in the workplace. This is similar to how they may prohibit impairment via alcohol use. Employers may prohibit marijuana use during scheduled breaks.

Employers are prohibited from pre-employment testing or disciplining marijuana use in some states, including New Jersey and New York.