Recent Answers to Employment Handbook Law Questions
Can my employer legally enforce a new policy in the employment handbook without notifying or obtaining consent from employees?
Employee Rights
Employment Handbook
California
I recently received an updated copy of the employment handbook at my workplace, which included a new policy that significantly changes the dress code requirements. However, I was not notified about this change beforehand, nor was I asked to provide any consent or agreement to the new policy. I am wondering if my employer has the legal right to enforce this policy without proper notification or obtaining consent from the employees.
Patrick W.
Yes. If you are in an at will state and your employment is not for a period of time, your continued employment and aware of the new policy is adequate grounds for enforcing a new policy as a basis for employment termination or employment discipline.
Can my employer change the policies in the employment handbook without notifying the employees?
Employee Rights
Employment Handbook
California
I recently discovered that my employer made significant changes to the employment handbook, including policies regarding vacation time, sick leave, and disciplinary procedures, without notifying the employees or providing us with an updated version of the handbook. I am concerned about the legality of these changes and whether my employer can enforce them without proper notification and acknowledgment from the employees.
Dolan W.
Hello! I'm so sorry this is happening to you. Generally, if you have a contract (the handbook or policy), then you are bound to those terms. If the employer changes the terms, they are allowed to; however, they need to give you some notice of the change in those specific terms in advance. This means that they should give you notice equal to the time between pay periods (e.g. two weeks). If they make a change, then it's not technically enforceable until you get proper notice. The notice does not need to be in writing. Good luck! Dolan
Employment handbook confidentiality?
Employment
Employment Handbook
California
I am an employee of a large company and I recently received a copy of the company's Employment Handbook. I am concerned about the confidentiality of the information contained in the handbook. I want to know what legal obligations I have to keep the information in the handbook confidential, and what the legal consequences are if I do not keep the information confidential.
Myrna L.
According to the National Labor Relations Board, Employee Handbooks are not confidential. According to the NLRB, policies that treat Employees Handbooks confidential precludes employees from discussing working conditions, pay and benefits with unions or third parties; this is a violation of Section 7 of the National Labor Relations Act.
Employment handbook employee rights?
Employment
Employment Handbook
Washington
I am an employee of a company and I recently received a copy of the Employment Handbook that outlines the rights and responsibilities of the employees. After reading through the handbook, I am concerned that some of the policies may not be in compliance with the law. I want to make sure that my rights as an employee are being respected and that I am fully aware of any legal obligations that I may have.
Merry K.
Hello - I have been an attorney for nearly 38 years and specialize in employment law. It would be helpful to know what policies concern you, but be aware that federal and state law, and usually county and city as well, override any policies that are incorrect. Meanwhile, keep in mind that if you are an "at will" employee you have few, if any rights (other than certain ones protected by law); that sometimes employers don't keep up with updating their polices; and that HR is not your friend. If you feel your rights are not being respected, you may want to book a 30 or 60 minute consultation with a WA State Employment attorney. If you feel you have been or are being discriminated against because of a protected class status, you can also file discrimination complaints with the WA State Human Rights Commission and/or the EEOC. If you are not getting the wages you should be receiving, you can file a wage complaint with the state; you will be protected from retaliation for doing so. If you feel your working conditions are unsafe, you can file a complaint with the WA State equivalent of OSHA, and/or with OSHA (federal). Best wishes, Merry
Employment handbook vacation policy?
Employment
Employment Handbook
Washington
I recently accepted a new job and was given an employee handbook to read over. I read the policies regarding vacation time, but I am unclear about how exactly the policy works and what the process is for taking a vacation. I want to make sure I understand the policy correctly and that I am following the correct procedure for requesting vacation time.
Merry K.
Hello - I am a Washington State employment law attorney. It can often be difficult to understand a policy in an employee handbook. I would suggest two things: (1) Do not ask about the policy or how to interpret it until you have completed at least two months on the job - wait until your supervisor and coworkers get to know you; most likely, you are not eligible for vacation leave until you have been on the job for several months anyway. (2) After two months, ask your supervisor about the policy - not HR. Your supervisor is most likely the person who will have to approve your leave, and he or she will appreciate that you went to him or her instead of going to HR.
Employment handbook disciplinary policy?
Employment
Employment Handbook
Florida
I am an employee at a large company and I recently received a disciplinary action for an incident that occurred in the workplace. I was given a copy of the company's Employee Handbook, but I am not sure what the disciplinary policy is or what the consequences are for violating the policy. I would like to understand the disciplinary policy so that I can better understand the disciplinary action taken against me.
Diane D.
You would have to submit the policy to an attorney so that it can be explained to you. You can submit a work order through ContractsCounsel.
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