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Statements in the handbook can be interpreted as promises to the employee. However, in Texas, there is a strong presumption favoring an at-will standard, and generally, courts will not consider statements in an employee handbook a promise or contract. In some cases, there is no disclaimer in the handbook.
Employee handbooks are also used as a way to protect the employer against certain claims, such as unfair treatment claims. Unless the text of an employee handbook clearly indicates otherwise, an employee handbook can be considered a legally binding document between an employer and their employees.
How to Communicate Policies and ProceduresInform employees up-front.Ask for feedback.Introduce final product.Ask employees to review employee handbook or policy manual.Provide training where required.Request employee sign-off.
While rare, an employee handbook can inadvertently create a contract in certain instances. Legally, the key factor in determining whether a company handbook constitutes a contract is if the employer has issued a guarantee to the employee or if the employee promises anything to the employer.
How to Effectively Roll-Out an Employee PolicyHave a policy roll-out plan.Establish the need for a policy or updating the policy among employees.Communicate the policy changes effectively to employees.Make it your agenda to ensure everyone has read the new policy at least once.
Developing HR Policies: A Step-by-Step GuideIdentify the need for a new policy.Define clear roles when developing policies.Determine policy content.Target company values.Use simple and clear language.Keep it short.Avoid information that could quickly become outdated.Clarify eligibility.More items...?
The five steps needed to develop and implement a new employer policy are outlined below.Step 1: Identify the Need for a Policy.Step 2: Determine Policy Content.Step 3: Obtain Stakeholder Support.Step 4: Communicate with Employees.Step 5: Update and Revise the Policy.
The offer letter, handbook and other documents do not constitute an employment contract. A statement regarding employment is at will and either party may terminate employment at any time, and for any reason provided that no local, state or federal laws are violated.
Generally speaking, courts consider an employee handbook to be an extension of the employee contract. As previously mentioned, most employees are hired at will so that either party can terminate the employment contract for any reason, with few exceptions.
The basic rule of Texas employment law is employment at will, which applies to all phases of the employment relationship - it means that absent a statute or an express agreement (such as an employment contract) to the contrary, either party in an employment relationship may modify any of the terms or conditions of