EMPLOYEE HANDBOOKS—
Still Making a Difference!
Presented by:
Linda J. Cooley, Esq.
Krieg DeVault LLP
2800 Indiana Square
Indianapolis, IN 46204
(317) 238-6232
lcooley@kdlegal.com
Doesn’t the Company Make the Rules?
Sure- and giving the Company discretion
helps prevent employment law claims. In
other words, stating that the Company
“may” terminate the employee for certain
conduct, that it “has the right to” implement
a performance improvement plan, that
“these are only guidelines,” etc., sets the
Company’s authority. The Employee
Handbook explains expectations and rules
so your workplace runs as smoothly as
possible.
2
THE BASICS
Why use an Employee Handbook? – It is the
best way to:
 communicate company policies
 establish practices and procedures
 provide employees with guidance
 protect the company from lawsuits
(P.S. The EEOC and ICRC love handbook provisions!)
3
BASICS, cont.
 Do I need an Equal Employment
policy? – Yes- always include an equal
employment opportunity statement that
you can quote in your Position Statement,
i.e. “The Company is an equal opportunity
employer. Equal opportunity has been
and will continue to be … .”
4
BASICS, cont.
 Why do I need an Acknowledgement
Form? – This will often be Exhibit 1 in a
deposition of the employee who sues your
company. It also shows the court that you
provided the ground rules to the employee
before taking adverse action.
5
BASICS, cont.
 What is “At-Will” Employment?- The
term “at-will employment” means that the
company can terminate employment at
any time and for any lawful reason.
6
BASICS, cont.
 When should Employee Handbooks be
prepared/reviewed?- The best time to
prepare an Employee Handbook was
yesterday.  Handbooks should be
updated regularly when laws change and
reviewed every 3-5 years.
7
ESSENTIAL HANDBOOK PROVISIONS
 A. Employment at will
 Only the company’s [CEO] has the authority
to enter into a written agreement that changes
the status of your at-will employment.
 B. Contract disclaimer
 C. EEO provision
8
ESSENTIALS, cont.
 D. Anti-harassment/ Non-discrimination
 Include a sexual harassment policy providing
multiple avenues to report
 Include local ordinances
 Workplace violence/bullying
 Cross-reference to other policies
 E. Federal/State military leave
9
ESSENTIALS, cont.
 F. Other Leaves
 FMLA
 ADA “reasonable accommodation” leave
 Discretionary (medical; personal;
bereavement)
 Jury Duty
 G. Attendance policies and reporting
 H. Vacation pay (PTO) and scheduling
10
ESSENTIALS, cont.





I. Workplace Conduct/Expectations
J. Substance Abuse (drugs and alcohol)
K. Company phones/PDAs/Computers
L. E-mail and Internet Use policy
M. Social Media Policy
 What is the NLRB up to now?
11
ESSENTIALS, cont.
 N. Compensation





Exempt/non-exempt status
Full versus part-time
Overtime
Payroll
Expense reimbursement
12
ESSENTIALS, cont.
 O. Benefits





Insurance
STD/LTD
COBRA
Retirement Savings Plans
HSA/Section 125 Flexible Spending Accounts
13
ESSENTIALS, cont.
 P. Code of Ethics
 Q. Other Provisions





Nursing Mothers
Tuition Reimbursement
Wellness Programs, EAPs
Smoking in the Workplace
Guns in the Workplace
14
QUESTIONS
 QUESTIONS?
 COMMENTS?
THANK YOU!
Disclaimer: These slides and the accompanying lecture are for educational purposes only and
are not intended, and should not be relied upon, as legal advice. These materials may
constitute legal advertising in some jurisdictions.
15