Does your company have an employee handbook? Does the handbook accurately reflect the company’s business and needs? Does it comply with recent amendments to federal employment laws such as the Americans with Disabilities Act and Family and Medical Leave Act, address social media, and have an anti-harassment policy that covers sexual and non-sexual harassment? Are you certain that your progressive discipline policy does not modify the at-will employment relationship? Does your handbook and record keeping clearly provide that excessive absenteeism is a reason for terminating an employee? And are the policies consistently enforced? It is crucial that your handbook be a tool to avoid and defend against litigation. To this end, proper drafting and consistent enforcement are crucial.
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