Employee Handbooks

     An employee handbook is a crucial way for an employer to communicate with an employee effectively.  Employee handbooks allow employees to know what is expected of them, as well as describe the company's vision and goals.  Employee handbooks should also outline an employee's rights under the law.

Anti-Discrimination Policies
For instance, employee handbooks need to explicitly outline the company's anti-discrimination policies.  As an employer, the company must comply with the Equal Employment Opportunity laws regarding discrimination and harassment, along with applicable state laws.  

Non-Disclosure Agreement
Although non-disclosure agreements are not legally required, it may be a good idea to have an employee agree to a NDA if the company wants to protect trade secrets.  This also helps the employee know what is expected from him/her.

Compensation
It is always a good idea for employers to lay out how compensation is calculated, along with overtime pay and sick pay.  This way there is little confusion regarding how an employee is compensated.

Computer/Technology
With technology constantly evolving, it is important to outline for employees what the company's policies are regarding computer and technology usage.  For instance, an employer should want to limit computer and technology usage to only business related tasks.  With social media on the rise, it is also a good idea to outline the company's expectations regarding social media in the workplace.

Disciplinary Procedures
It is a necessity to outline disciplinary procedures in employee handbooks.  This allows employees the ability to understand the disciplinary process, as well as for employers to have a guideline regarding certain types of misconduct.  

Safety Policies
It is always a good idea to describe the employer's mission to provide employees with a safe and secure environment in compliance with OSHA.  Safety policies also should discuss what employees should do in hazardous weather conditions.

The above is non-exhaustive list of some of the clauses that can be included in an employee handbook.  If you need assistance drafting or interpreting an employee handbook, please contact Ambuter Law.

Litigation vs. Arbitration

     Arbitration clauses are becoming more and more prevalent in contracts, as well as in terms of accepting employment.  What are the pros and cons of arbitration?  Look below to find out.

Pros:
1)  Speed.  Arbitration can take as little as 60 days if it is a case that involves less than $75,000.00.  Litigation, on the other hand can take anywhere from 9 months to over a year if the case is continued.

2) Cost.  Since arbitration takes less time than litigation, the costs involved are substantially less.  Also, arbitration only allows a limited amount of discovery, also the costs involved. 

3) Arbitrator v. Judge.  In arbitration, the arbitrator is usually an individual who has specialized in the type of law that the arbitration involves, or has a large breadth of knowledge on the topic.  On the other hand, judges may not know a lot about the type of case being presented, and therefore may not make as much of an informed decision that an arbitrator would.

4) Confidentiality.  Usually an arbitration is private, and the dispute itself and the terms of any agreement are kept private and confidential.

Forum.  Arbitration can agreed to be held in any location, even if the act occurred elsewhere.

Cons:
1) Discovery.  In arbitration, there is a limited amount of discovery.  While this can keep costs down, it also can limit the ability to prove your case.

2) Appeal.  In arbitration, you cannot appeal your case.  Once a decision is made, it is binding and appeals are not allowed, unlike in litigation. 

If you have a question regarding an employment situation, please contact Ambuter Law for a free case evaluation.