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EMPLOYEE HANDBOOK
Discussion
An employee handbook is an extremely
useful tool for presenting to NPC employees their terms of employment.
While there is no requirement to have an employee handbook, each NPC
should seriously consider the many pros and cons to having one. Prior to
issuing the employee handbook, have a local attorney review the handbook
to ensure compliance with local and state laws.
If an
NPC decides to use an employee handbook, there are certain fundamental
practices the NPC should absolutely follow:
- Have the employee handbook reviewed by
a local labor attorney;
- Include a disclaimer in the handbook
that specifically states that the handbook is not an express or
implied contract between the NPC and the employee;
- Clearly state that employment is
“at-will” with no guarantee of employment;
- Include a statement that the handbook
supercedes any prior handbook, policy manual or other documents; and
- Follow the policies and procedures
outlined in the handbook, without exception!
A disclaimer stating that the handbook is
not an expressed or implied contract will not be effective in every
instance. It will, however, provide protection for the organization in
most instances in which a terminated employee alleges a contractual
relationship with the organization. It is recommended that the employer
place this disclaimer in a prominent place at the beginning of the book
and in boldface for the greatest effectiveness.
Sample Statement
In order to help you understand how we
work together, our Nonprofit has prepared this Employee Handbook. It
will help answer any questions you may have about our Nonprofit’s
operations, benefits, workplace practices, and communications. This
Handbook supercedes any prior handbook, policy manual, benefits or
practices of the Nonprofit. These policies contain summaries of our
benefits, work rules, and policies, as we cannot explain every policy
and benefit in this Handbook.
From time to time, we may unilaterally
revise, amend, supplement, modify, eliminate or add to these policies
and benefits. These policies may be changed at any time at the sole
discretion of the Nonprofit, without prior notice.
THIS HANDBOOK IS NOT AN EXPRESS OR
IMPLIED CONTRACT OF EMPLOYMENT BETWEEN OUR NONPROFIT AND YOU, THE
EMPLOYEE, NOR IS IT A GUARANTEE OF ANY BENEFITS DESCRIBED IN THIS
HANDBOOK.
THE NONPROFIT OR YOU CAN TERMINATE
EMPLOYMENT AT ANY TIME, FOR ANY REASON, OR FOR NO REASON. EMPLOYMENT AT
OUR ORGANIZATION IS A VOLUNTARY, EMPLOYMENT AT-WILL RELATIONSHIP FOR NO
SPECIFIED PERIOD OF TIME.
Only the President (or Executive
Director) has the authority to enter into agreements with employees.
Only the President (or Executive Director) can bind the Nonprofit to
agreements that are inconsistent with the policies, procedures, and
benefits stated in this Handbook.
Sample Handbook
This handbook has been provided by Caryn
G. Pass, Esq. of Krupin O’Brien LLC in Washington, DC, and has been
adapted for the use of NAVREF members
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