One of the most important policies that you can/should add to
an employee handbook is at-will employment. Almost all states
recognize at-will, that is, that an employee is hired at-will
and that employment can be terminated at the will of either party.
This applies to managers, supervisors, staff... all employees.
The policy provides protection to the employer, but only if it
is conspicuous and understood by the employee. Therefore, in manuals
that we design for our clients, we place it on the *first* page.
The following is a sample of our most comprehensive at-will policy:
NOTICE TO ALL EMPLOYEES
This manual neither implies nor establishes a contract between
XYZ Company and the employee. The contents of this Employee Handbook
summarize current Company policies and programs and are intended
as guidelines only. The Company retains the right to change,
modify, suspend, interpret or cancel in whole or in part any of
the published or unpublished personnel policies or practices of
the Company, without advance notice, in its sole discretion, without
having to give cause or justification to any employee. Recognition
of these rights and prerogatives is a term and condition of employment
and continued employment. As such, the contents of this handbook
do not constitute the terms of an employment contract. Nothing
contained in this handbook should be construed as a guarantee
of continued employment, but rather, employment with the Company
is on an at will basis. This means that the employment relationship
may be terminated at any time by either the employee or the Company
for any reason not expressly prohibited by law. Any written or
oral statement to the contrary by a supervisor, corporate officer
or other agent of the Company is invalid and should not be relied
upon by any prospective or existing employee.
This handbook will discuss your rights and benefits. The Company
wishes, at the outset, however, to discuss some of its rights
which include but are not limited to the following:
* Management of the Company.
* Directing, hiring, discharging and recalling employees.
* Establishing wages, hours, working conditions, allocating
and assigning work, introducing new work methods and reducing
work loads or the work force in general.
* Fixing the quantity and quality of work to be performed.
* Elimination and interruption of work.
* Selecting and assigning new employees.
* Requiring employees to obey orders properly given.
* Abolishing any past work customs, procedures and practices.
* Establishment of all work rules and setting up of standard
operating procedures.
Copyright 1995 by E. A. Winning Associates, Inc., Walnut Creek,
California. All rights reserved.
*********
There should also be a corresponding policy, more briefly written
of course, on the Application for Employment form. In an abbrieviated
form, this policy reads as follows:
Internal policy prohibits this organization from entering into
employment contracts unless they are in writing and approved by
the Board of Directors. [Modify this to meet your current structure.]
Accordingly, I understand that, if hired, my employment and compensation
can be terminated with or without notice, with or without cause,
at any time, at the option of myself or the organization...
Ethan Winning is the author of -- Labor Pains: Employer and Employee
Rights andObligations -
(TFM Publications, 1995, $29.95) and two other books on employee relations. He is a management
and employee relations consultant in Walnut Creek, CA, specializing in aduting and customizing
employee policy and procedure manuals, compensation systems, and performance review systems.
His book(s) may be ordered by calling 1-800-823-6366 or you may contact him directly at (510) 944-1667,
by fax at (510) 944-1667, or via e-mail ewinning@ix.netcom.com.
Bullet Proof Employee Handbooks is another book which offers a *complete employee manual*
and the reasons for having those policies.