Rochelle Eisenberg: Employee handbooks are good idea because they prevent somebody from saying, you don't have a rule on this, I was never advised of this and you are treating me unfairly. Your response as an employer would be, well, the employee handbook says you can't gamble on company time, you gamble on company time, I gave you the employee handbook here I even have your signed receipt. And that ends it, that ends the case. Unless the employee can show that you allow everybody else to play Texas hold 'em every morning at work.
Irwin Kramer: Employee Handbooks can be your friend if you follow these procedures but they could be Exhibit A in a case against you if you fail to live by them.
Rochelle Eisenberg: I like employee handbooks to have a sexual harassment policy in them with a procedure for employees to follow, so that the employer can say, you didn't follow the policy, you had the policy, you should have followed the policy.
I like to have a clear statement regarding absenteeism and tardiness because these are key problems for employers nowadays, whether you are dealing with an exempt employee or a non-exempt employee. We have people coming into the workforce who just don't seem to get it, that they have got to show up everyday, and everyday doesn't mean everyday but Mondays, it means everyday, and that you are suppose to show up on time.
Almost all employee handbooks nowadays incorporate something that says, despite what's in here, this doesn't create a contract of employment between you and us, you can be terminated at will and that the handbook is subject to change without notice. We will comply with Federal and State laws but this is not a contract and that's enough to protect you.
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