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Disclaimer for Personnel or Employee Manual or Handbook

Hillsborough Florida Disclaimer for Personnel or Employee Manual or Handbook

Name: Hillsborough Florida Disclaimer for Personnel or Employee Manual or Handbook
Brand: US Legal Forms
Rating: 4.87 (268 reviews)

Category:

Employment - Policies and Procedures

State:

Multi-State

County

Hillsborough

Control #:

US-00553BG

Format:

Instant download

Description

If an employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason. However, written personnel policies used as guidelines for the employee have been interpreted by some courts as restricting the employer's right to discharge at-will employees without just cause. Employee handbooks or personnel manuals have been construed as part of the employee's contract. This is why all personnel manuals and employee handbooks should contain a disclaimer. The attached form is a sample of such a disclaimer.

How to fill out Hillsborough Florida Disclaimer For Personnel Or Employee Manual Or Handbook?

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FAQ

The survey also found that organizations' HR departments generally create their employee handbooks, usually with review by a lawyer.

A rule that employee handbooks and their contents are confidential and may not be disclosed to third parties violates the Act, unless tailored to protect specific employer proprietary information unrelated to terms and conditions of employment.

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.

Creating a valid legal contract requires no writing. Even if there is a writing, signatures are not legally required, unless signing the contract is a material term. In other words, if the parties agree that signatures are necessary, then the contract is not binding until it is signed by both parties.

Typically, a business policy is not legally enforceable or binding, unless that policy is an essential term in a business contract. Policy is not law, but a proposed course of action.

An employee handbook should include your business's policies, your expectations of your employees, and what your employees can expect from your business. It should lay out your legal obligations as an employer and your employees' rights.

An employee handbook isn't a contract, nor is it a legally binding document. But in a legal proceeding, it helps to have one. Take, for instance, the case of an employee suing a company for allowing a culture of sexual harassment a particularly timely example.

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.

What should not be included in an employee handbook?Legalese.Company procedures, work processes, and job descriptions should not be included so that you will not need to update the entire handbook each time one of these changes.Health and welfare benefits details.More items...?

Hillsborough Florida Disclaimer for Personnel or Employee Manual or Handbook

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FAQ

Do people read the employee handbook?

Are employee handbooks confidential?

Are employee handbooks legal documents?

What makes a policy legally binding?

Is company policy legally binding?

What employee handbook should contain?

Are employee handbooks legally binding?

Are employee handbooks meant to deal with contractual or legal employee privileges?

Are employment handbooks considered contracts?

What should not be included in an employee handbook?

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