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New Jersey Business Lawyer | Business Formation | LLC  Limited Liability Company | IRS Tax | Business Purchase | LLC Lawyer
Some People Overpay the Government...But Certainly Not our clients!
Ronald J. Cappuccio, J.D., LL.M. (Tax)
Counsellor at Law
1800 Chapel Avenue West, Suite 128
Cherry Hill, New Jersey 08002 US
(856) 665-2121   Fax (856) 665-9005
Email: Ron@TaxEsq.Com
 
LLC Lawyer LLC Attorney

You may be disappointed if you fail, but you are doomed if you don't try,"
- Beverly Sills


Helping Small and Emerging Businesses become more profitable!


 
 Important Points to Spell Out
  in Employee Handbooks

An employee handbook serves as a guide for managers and employees alike. It can help avoid conflict when specific situations arise and head off potential problems before they happen. A good handbook can also create an incentive for employees to make a long-term commitment to your company.

Avoiding Employee Legal Complaints 

Your employee handbook should include the following topics:

Scope of duties and hours. Distinguish between clerical and other positions. For non-professional staff, state normal office hours (such as 9 a.m. to 5 p.m.) and note lunch and break times.

Company property. Describe your policy for misuse of company property, such as computers, fax machines, copiers, telephones and on line services. For example, what is your policy on personal e-mail and what are the consequences for violating it?

Overtime. Under federal and local laws, payment for overtime is mandatory for some employees. In certain limited situations, "comp" time may be provided in lieu of cash overtime payments. Describe these situations.

Sick leave. State the maximum time permitted (with and without pay), the rate of accrual and eligibility. Also cover the effect of unused sick leave — for example, if any portion carries over to the next year or if unused sick leave results in a bonus.

Holidays and vacation. List the federal and local holidays that your company observes. Address how much vacation is permitted, when an employee is eligible, the accrual rate, and whether any portion carries over to the next year. Also cover how vacation increases for additional years of service and whether the employee is entitled to payment for unused vacation time upon termination.

Sexual harassment and discrimination. Clearly state that your company will not tolerate sexual harassment or discrimination based on race, religion or national policy. Instruct employees to report violations immediately.

Part-time employment. Describe what constitutes a part-time employee and how this affects benefits.

Retirement benefits. This is usually addressed in a separate document with only a cross-reference in the employee handbook.

Insurance. Describe group term life, health, and other insurance benefits that are available. List any cost to employees. Address how claims are processed and who is responsible for handling questions in the organization. Obviously, the nature of insurance options and coverage depends on the cost and extent of coverage. However, it is appropriate to include a general outline of the process, with qualifications for changes.

Leave. State the amount of time permitted for maternity and paternity leave with pay and without pay. Address how leave for adoptions is treated. What about family medical leave? (Make sure your policies comply with legislation that requires leave in certain circumstances.) Also include your policy on military leave, disability and jury duty.

Smoking and drug policies. State your company’s smoking and drug policy. On the subject of drugs, mention whether all applicants are tested and if random tests and searches are permitted for cause. In addition, address whether the employer pays for drug testing and if there is a rehabilitation policy. Special care must be taken in articulating these provisions to avoid legal challenges.

Termination provisions. Clarify the circumstances that lead to termination. Clearly state that employment is "at will" and may be terminated at any time by the employer with or without cause. Notice periods for terminations should be stated. Any payment upon termination should also be stated. Other possible issues: Is severance paid based on years of service or some other standard? Also describe procedures for exit interviews or any appeals.


 Please call me at (856) 665-2121 or Email me to discuss financing for your business.

Copyright 2007 Ronald J. Cappuccio, J.D., LL.M.(Tax) 1800 Chapel Avenue West, Suite 128 Cherry Hill, NJ 08002 USA (856) 665-2121  Email: Ron@TaxEsq.com