Yesterday,
we looked at the hypothetical case of an employer that changed its vacation
accrual policy and failed to notify current employees of the switch.
[For the background, click here.]
So what happens when Employee A is terminated for falsifying his timecard?
He demands to be paid for all of his unused vacation time up to the date of his termination. Because he was never put on notice of the change to the vacation pay policy, it’s unclear whether the employer would be able to prevail in asserting that its current vacation policy doesn’t permit him to receive vacation pay.
Given that uncertainty, the employer would likely have to fight its way through a lawsuit – with an employee who’s already disgruntled after having been fired (never a good time).
All the employee handbook policies you need, specifically for California employers and ready to customize for your workplace.
If the employer had clearly communicated its policy change to all employees and received an acknowledgment from Employee A that he had received and read the new policy, there would be little question that it would prevail in the dispute.
Confusion Not Limited To Vacation Pay Policies
That confusion isn’t limited to vacation pay policies. It’s especially problematic when an employer changes its disciplinary rules but doesn’t alert employees to the change. If the employer attempts to discipline someone under the new rules or procedures, it would have a difficult time defending itself from allegations that its actions were improper or discriminatory because employees weren’t on notice of the changes.
Bottom Line
It may seem simple and self-evident, but employers frequently overlook the necessity of communicating rule changes to their employees. Failing to inform employees about policy changes can lead to confusion, inefficiency, and, unfortunately, litigation. Consequently, whenever you change your policies, it’s essential to promptly distribute the changes and require employees to acknowledge their receipt.
Your Employee Handbook Policies Are Already Written
You know you need to keep your employee handbook updated and current, but it’s a project there’s just never enough time to get to. Maybe yours is so outdated that you’re afraid to use it, or maybe you don’t even have one at all.
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- Employee Classifications
- Social Media Code of Conduct
- Right to Observe Employees
- Voice Mail, Email, Electronic and Computer Files, and Usage
- Appearance and Courtesy; Uniforms
- Equal Employment Opportunity
- Harassment Prohibited
- Retaliation Prohibited
- Bullying Prohibited
- Accommodation of Disabilities
- Zero Tolerance for Drugs or Alcohol in the Workplace
- Terminations
- Final Pay
- Progressive Discipline
- Rest Periods
- Meal Periods
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- ayroll Deductions
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Click here for a full Table of Contents.
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All of the policies in the California Employee Handbook Template have been drafted by an experienced California employment lawyer. Plus, we’ve provided practical information for every single policy on:
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