Plaintiffs attorneys are always looking for ways to alter the at will employment doctrine, and one of the things they look to first is your employee handbook. They will argue that you have made certain promises to your employees and that you have broken those promises. Broken promises lead to breach of contract claims. Employers use handbooks to show that they have provided valuable information to their employees and that they have been clear in the rules that employees must follow. They are invaluable tools if used correctly. But is your handbook giving employees a legal contract claim they might not otherwise have? How can you avoid this situation?
Why should you attend: If written properly, handbooks are a valuable tool in the workplace. Governmental agencies, courts and juries look to handbooks to determine your policies and whether you have been fair to your employees.
Handbooks written poorly will inevitably doom you. Poorly written handbooks cause confusion, inconsistency in the workplace, and increased litigation. As the author of a handbook or policy, any ambiguities will be construed against the employer which may nullify your disclaimers. This webinar will teach you to write your handbooks and policies to avoid contractual obligations but at the same time accomplish your purpose of informing employees of your expectations.
Areas Covered in the Session:
What is "at will" employment?
How a poorly drafted handbook or policy can erode the "at will" status of your employees
How to protect your company from the top mistakes that employers make in drafting employee handbooks
How to prevent claims of implied contract
How to avoid using language that can give rise to claims of breach of implied contract
What are the essential disclaimers your employee handbook should contain
What are the essential policies that your handbook should contain? What policies should a company have but is not appropriate for a handbook?
What are the essential policies that your employee handbook should contain
How to have a well drafted anti-harassment policy that will protect you from future liability
Why terms like probationary period and introductory period can be problematic
How to write a progressive discipline policy that meets your needs but avoiding language that may make these policies a contract
Training your supervisors not to say things contrary to your disclaimers in your handbooks
Who Will Benefit:
Human Resource Managers
Susan Fahey Desmond is a partner with the firm of Jackson Lewis, LLP which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. Susan is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.