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Drafting Employee Handbooks And Company Policies: How To make
Them Solid But Not Make Them Contracts
MONDAY, September 26, 2016
10:00 AM PST | 01:00 PM EDT
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).
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
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
HR Business Partners
HR program Managers
Talent Management Consultants
Susan Desmond Partner, New Orleans Office, Jackson Lewis LLP
Susan Desmond is a partner with the firm of Jackson Lewis, LLP 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. ...more
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