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Employee Handbooks: Where a Few Small Words Can Make a Huge Difference
No CommentsEvery employer needs a carefully written employee handbook. Writing one may seem simple and there are many templates available online, but poorly worded guidelines can land employers in legal trouble.
This week, I’ve collected some recent articles about employee handbooks and the troubles employers have faced — or could face — when they get the wording wrong.
Misleading FMLA Policy in Employee Handbook Dooms Employer Defense to FMLA Claim. The National Law Review: “In a case that will prompt many employers to double-check their leave of absence policies, the Sixth Circuit U.S. Court of Appeals has held that an employee who was not eligible for leave under the Family and Medical Leave Act (FMLA) might nonetheless be able to prove entitlement to FMLA benefits due to the FMLA language in the employer’s employee handbook. Tilley v. Kalamazoo County Road Commission, et. al., No. 14-1679 (6th Cir. January 26, 2015).”
Clear Employee Handbook Disclaimers Can Put a Quick End to Costly Litigation. HR.BLR.com: “In New Jersey, unless there’s an express employment contract, employees are generally presumed to be employed ‘at will,’ meaning they can be terminated for good reason, bad reason, or no reason at all. An exception to the employment-at-will doctrine may occur when an implied contract is created by representations in an employment manual or handbook. An employer can prevent a handbook from becoming an implied contract by including a ‘clear and prominent’ disclaimer stating that the handbook doesn’t constitute a contract.”
Florida’s Recent Ruling on Gay Marriage Should Prompt Employers to Revisit Their Employee Handbooks. Miami Herald: “You also want to make sure your workplace policies are consistent with your current business practices. Oftentimes, I review employee handbooks that are copied from the Internet and they include policies that have no bearing on the company. This is a risky practice as certain provisions may add responsibilities to your company that are either not necessary or applicable.”
Harassment? Don’t Hide Behind Handbook. Business Management Daily: “Be sure everyone understands that they must report any sexual harassment complaints employees make—even if the employees don’t follow the procedures for reporting harassment that are laid out in your employee handbook. The fact is, when an employer learns about harassment from any source, it must investigate and act. Ignoring the problem just because an employee was afraid to formally report sexual harassment won’t work.”
Fresenius Nurses Wage Suit Axed Over Noncontract Handbook. Law360: “A Pennsylvania federal judge has dismissed a wage-and-hour class action against Fresenius Medical Care Holdings Inc., ruling that its employee handbook didn’t require the health care provider to pay nurses and dialysis technicians for meal breaks taken on the premises while on duty. In granting Fresenius’ motion to dismiss the case, U.S. District Judge Jeffrey L. Schmehl said the proposed class failed to state a claim for reward under Pennsylvania’s Wage Payment and Collection Law. Although Fresenius’ employee handbook stated that being on duty at the premises could be considered ‘hours worked,’ it also stated that meal breaks were unpaid, according to Tuesday’s ruling. Further, the handbook could not be considered a contract, the judge added.”
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