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Drafting Employee Handbooks and Company Policies: How to make them Solid but not make them Contracts

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Product Id : 701149
Instructor: Susan Fahey Desmond

Duration: 90 Minutes  

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US$195.00

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Overview:
Since the passage of Title VII, almost every employer has used employee handbooks so that they have a "tool" to tell the EEOC or the court, "we told the employee what to expect and he/she still violated our policy." A number of these handbooks read like contracts, and employers were stunned when some courts found that the company put the handbook out there and must adhere to "its word." Of course, every employer wants its employees to be "at will employees" without contractual obligations to that employee (except in union environments or those employees you want to have a true contract with your company).

If you're not careful in drafting, you may just have made your handbook or company policy contracts. This webinar will assist you in learning how to create and use these useful tools while making sure your employees are truly employed "at will."

Why should you attend: Every employer - large and small - by now knows the importance of employee handbooks and/or written company policies. They are necessary to let your employees know what your company's expectations are. Some handbooks, have gotten employers into trouble. Some handbooks and policies read like a union contract, and courts are not hesitant to call them contracts. Simple disclaimers that your handbooks or policies are often not enough to avoid a contractually binding contract.

As the author of a handbook or policy, any ambiguities will be construed against the employer which may nullify your disclaimers. This webinar will teach you to write your handbooks and policies to avoid contractual obligations but at the same time accomplish your purpose of informing employees of your expectations.

Areas Covered in the Session:
  • What is "at will" employment?
  • How a poorly drafted handbook or policy can erode the "at will" status of your employees
  • How to protect your company from the top mistakes that employers make in drafting employee handbooks
  • How to prevent claims of implied contract
  • How to avoid using language that can give rise to claims of breach of implied contract
  • What are the essential disclaimers your employee handbook should contain
  • What are the essential policies that your handbook should contain? What policies should a company have but is not appropriate for a handbook?
  • What are the essential policies that your employee handbook should contain
  • How to have a well drafted anti-harassment policy that will protect you from future liability
  • Why terms like probationary period and introductory period can be problematic
  • How to write a progressive discipline policy that meets your needs but avoiding language that may make these policies a contract
  • Training your supervisors not to say things contrary to your disclaimers in your handbooks

Who Will Benefit:
  • Directors of Talent Management
  • VP of HR
  • Directors of Recruiting and Talent Acquisition
  • Directors of HR
  • Talent Management
  • HR Strategists
  • HR Business Partners
  • HR Generalists
  • HR program Managers
  • Talent Management Consultants
Susan Fahey Desmond is a Principal in the New Orleans, Louisiana, office of Jackson Lewis P.C which has offices in 59 cities across the country. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law. Susan is a frequent speaker and author on a number of labor and employment issues. She is named in Best Lawyers in America and has been named by Chambers USA as one of America's leading business lawyers for labor and employment law.




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