Author: elinhandbook

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Sample Cell Phone Use Policy

The use of a personal cell phone while at work may present a hazard or distraction to the user and/or co-employees. This policy is meant to ensure that cell phone use while at work is both safe and does not disrupt business operations. Unless otherwise authorized, employees may only use personal cell phones for an emergency.

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Sample Employee Selection Policy

The company strives to select employees who are well suited for the positions they fill. In nearly every case, our selection process involves a careful review of the requirements of an available position and the qualifications of the individual applicants. All non-employee applicants are required to complete a job application and, where required, submit a resume. Likewise, depending on the position available, employees will be asked to interview with the individuals who will be involved in the selection process. References will be checked. Moreover, when necessary or required, the company will also conduct employee background checks (including criminal record checks), credit investigations (with proper employee authorization), and driver’s license checks.

Employee applicants are required to complete an in-house application if they are interested in an available position. The company encourages employees to apply for any position in which they are interested and qualified.

Commentary (if any): While selection process policies appear in many employee manuals, every employer should consider carefully whether to include such a policy in its manual. Why include a selection policy in an employee manual when the employee has already been selected?

Clearly, a strict selection policy should not appear in a manual if an employer has a flexible approach to recruitment and hiring. Selection policies will haunt employers who do not abide strictly by the terms of their policy. Even where employers follow their selection process religiously, they should ensure that the policy contains language allowing for discretion and exceptions.

Reference checks are encouraged, but an employer should follow a uniform practice when conducting reference checks. Employers must be sensitive to the fact that liability can arise from the manner in which they conduct their reference and background checks. Authorization is required for credit and criminal background checks and information must be provided to employees who are not selected as a result of the credit check. Some states have enacted anti-discrimination statutes regarding non-selection of employees who have criminal records.

Moreover, some employers are subject to statutory or regulatory requirements regarding background checks and such checks must be conducted in conformity with all applicable laws and regulations. Other employers, who are not subject to such requirements, also must conduct checks in a manner so as to avoid liability for negligent hiring or defamation claims. Employers should contact their labor and employment counsel regarding their reference and credit check practices.

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Sample Employee Conduct Policy

Every employee is expected to act in a professional, responsible, and courteous manner at all times. Clearly, such behavior fosters a positive and productive working environment. Conversely, inappropriate or unprofessional behavior is disruptive and unproductive. Moreover, inappropriate conduct is cause for discipline, up to and including immediate termination.

Of course, in the context of this manual, it is impossible for the company to identify all standards of conduct that are unacceptable. Again, the company demands that employees act in a professional and courteous manner. We expect that employees will use common sense and good judgment in achieving this goal. However, the company’s judgment, and not that of any individual employee, is the benchmark for what is acceptable and what is not. An employee’s conduct is not made acceptable solely because the employee believes it to be. Nor may an employee excuse his or her conduct because this manual does not specifically prohibit the objectionable conduct. The company expects that employees recognize that inappropriate conduct, from rudeness to theft, is unacceptable. The decision as to what is inappropriate is left in the company’s hands and sole discretion.

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Sample Non-Disclosure Policy

All employees at one time or another will receive or be exposed to personal, privileged and/or confidential information. That information may concern other employees, the company’s operations, recipes, customer lists, company affairs, product development, trade secrets, business models or other organizations with whom we do business. You are obligated to ensure that this information remains confidential and is not disclosed. This is true regardless of whether you are actively employed, on leave or your employment with the company ends (for any reason). Employees who disclose such sensitive information will be disciplined, up to and including immediate termination or legal action.

In addition, employees are not permitted to photograph, record, photocopy, or otherwise preserve company forms, lists or other materials belonging to the company without prior authorization. This is especially critical for items that were prepared or saved for an employee’s own or someone else’s current or future use.

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Sample Expectations of Employee

As an employee of Widget, Inc., we expect no less than one hundred percent of your loyalty, effort and responsibility to help us achieve Company objectives. Widget, Inc. has a long standing reputation as a fair and equitable business partner. We have built relationships over the years that have helped us get through some of the most difficult economic times.

Our Company is a reflection of the parts that make up the whole. We acknowledge our past and present employees for choosing to do more than their share and always pitching in to help out co-workers whenever and wherever possible. We feel our reputation as a choice employer is reinforced by the daily actions of those people who help the Company meet their objectives. Occasionally, when problems do arise, we make it a point to solve them professionally and confidentially in order to assure all parties’ points have been heard.

Commentary (if any): An Expectation section is intended to give a flavor of the daily actions found at the worksite. It is critical this is accurate or it could serve as a foundation for other discrepancies to take hold- regardless of whether these are real or imagined at the workplace. This section also helps a young organization build a sense of workplace culture.

It may be difficult to capture the flavor of all industries, however the challenge would help set the stage for identifying the types of individuals you need to have working for you. Ask yourself what a visitor to the company would see or hear if they were present on the warehouse floor, in the lunch room or driving home with an employee.

If you don’t like what you hear, this is where your issues need to be addressed and supported with actions in the workplace – not words. Be proud to demand expectations of yourself and your employees.

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Licensing Agreement

License Agreement for Employee Handbook (the “HANDBOOK”).

NATURE OF CONTENT


The Handbook is a compilation of sample personnel policies, personnel forms and employment law related content. The HANDBOOK is designed and intended to serve solely as an example; it does not constitute legal advice and may not be appropriate for your particular situation or even lawful in your jurisdiction. You are solely responsible for determining the legal requirements of your jurisdiction or other applicable restrictions, whether legal or contractual.

DO NOT IMPLEMENT ANY PERSONNEL POLICY OR FORM WITHOUT FIRST CONSULTING A QUALIFIED LAWYER REGARDING THE POLICY OR FORM!

This HANDBOOK is designed and intended to serve as only as a framework on which you can base your personnel/workplace policies.


LICENSE AGREEMENT FOR DOWNLOADABLE CONTENT


Our products are not sold; rather, copies of products are licensed to the end user. UNLESS YOU HAVE ANOTHER AGREEMENT DIRECTLY WITH elinfonet.com, LLC THAT CONTROLS AND ALTERS YOUR USE OR DISTRIBUTION OF OUR PRODUCTS, THE TERMS AND CONDITIONS OF THE APPLICABLE LICENSE AGREEMENTS BELOW APPLY TO YOU.
IMPORTANT-READ CAREFULLY: This License Agreement (“AGREEMENT”) is a legal agreement between you, either an individual person or a single legal entity (the “Licensee”) and elinfonet.com, LLC (the “Licensor”). YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY INSTALLING, COPYING, OR USING THE HANDBOOK. IF YOU DO NOT AGREE, DO NOT INSTALL, COPY, OR USE THE HANDBOOK.


NOTE: IF YOU DO NOT HAVE A VALID LICENSE FOR ONE THE HANDBOOK, YOU ARE NOT AUTHORIZED TO INSTALL, COPY OR OTHERWISE USE THE HANDBOOK.


1. GRANT OF LICENSE. Provided you comply with all terms and conditions of this AGREEMENT, this AGREEMENT grants you the following rights:
1.1 Installation and use. You may install and use a copy of the Handbook in accordance with this AGREEMENT.
1.2 License Grant. You may copy and modify the HANDBOOK contents, but only for personal or non-commercial use. You are not licensed to do any of the following:
You may not sell, resell, license, rent, lease, lend, or otherwise transfer for value, the HANDBOOK
You may not distribute the HANDBOOK as part of any product or service
You may not copy or post the HANDBOOK on any network computer or broadcast it in any media.
You must indemnify and defend licensor against any claims or lawsuits, including attorneys’ fees, that arise from or result from the licensing or distribution of the HANDBOOK as modified by you.
2. RESERVATION OF RIGHTS AND OWNERSHIP. Licensor reserves all rights not expressly granted to you in this AGREEMENT. The HANDBOOK is protected by copyright and other intellectual property laws and treaties. Licensor owns the title, copyright, and other intellectual property rights in and to the HANDBOOK. The HANDBOOK is licensed, not sold. This AGREEMENT does not grant you any rights to trademarks or service marks of Licensor.
3. ADDITIONAL CONTENT. This AGREEMENT applies to updates, supplements, add-on components, or Internet-based services components, of the HANDBOOK that Licensor may provide to you or make available to you after the date you obtain your initial copy of the HANDBOOK, unless they are accompanied by separate terms. Licensor reserves the right to discontinue Internet-based services provided to you or made available to you through the use of the HANDBOOK.
4. TERMINATION. Without prejudice to any other rights, Licensor may terminate this AGREEMENT if you fail to comply with the terms and conditions of this AGREEMENT. In such event, you must destroy all copies of the HANDBOOK, including any modified or altered versions, and all of its component parts.
5. DISCLAIMER OF WARRANTIES. LICENSOR PROVIDES THE HANDBOOK AS IS AND WITH ALL FAULTS, AND HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY OR COMPLETENESS OR RESPONSES, OF RESULTS, OF WORKMANLIKE EFFORT, OF LACK OF VIRUSES AND OF LACK OF NEGLIGENCE, ALL WITH REGARD TO THE HANDBOOK, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE HANDBOOK.

NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH THE HANDBOOK TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. LICENSOR DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED, PREPARED OR CONTAINED ON THE HANDBOOK.


 6. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE HANDBOOK, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF LICENSOR OR ANY SUPPLIER, AND EVEN IF LICENSOR OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. LIMITATION OF LIABILITY AND REMEDIES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF LICENSOR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHAL BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE HANDBOOK OR U.S. $5.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

8. APPLICABLE LAW. If you acquired the HANDBOOK in the United States, this AGREEMENT is governed by the laws of the Commonwealth of Pennsylvania.  The MANAUL is not intended for sale in any other country and should not be purchased outside of the United States. 

9. ENTIRE AGREEMENT; SEVERABILITY. This AGREEMENT is the entire agreement between you and Licensor relating to the HANDBOOK and the support services (if any) and it supersedes all prior or contemporaneous oral or written communications, proposals and representations with respect to the HANDBOOK or any other subject matter covered by this AGREEMENT. To the extent the terms of any Licensor policies or programs for support services conflict with the terms of this AGREEMENT, the terms of this AGREEMENT shall control. If any provision of this AGREEMENT is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.