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LEGAL UPDATE
Mathew J. Levy, JD, and Stacey Lipitz Marder, JD
What's In Your Employee Manual?
Up-front rules can sidestep trouble down the road.
RULES ON FILE A well-drafted employee manual trains and protects.
Your employees are among your facility's most valuable assets, but they can also be liabilities, and you're ultimately responsible for their actions. A comprehensive, up-to-date employee manual is the key to making sure they're aware of what you expect from them, and what they can expect from you. It can also provide legal protection in the event you're served with an employment claim. When's the last time you reviewed and revised your employee manual — that is, if you've drafted one at all? At a minimum, it should clearly cover the following 4 areas.
1. Probation and termination
Before you bring on a new hire, do your due diligence by conducting background checks, verifying licenses and checking referrals. Once a new employee is on board, though, we suggest a probation period of a few months, during which time she and your facility's leaders can evaluate the appropriateness of the employment. Probation period employees are generally not afforded benefits, but upon its successful completion you should offer them the full privileges of employment, as described in the employee manual.
"Employment at will" means that an employer has the right to discharge an employee at any time for any reason (except, of course, with respect to race, creed, national origin, age, handicap, gender, sexual orientation or marital status). If your state is among the many that