Handbooks

Handbook Policy on Confidentiality Ruled Unlawful

confidential Even though the company’s handbook did not explicitly prohibit employees from discussing their wages or other terms and conditions of employment, the National Labor Relations Board was correct in concluding that the handbook’s confidentiality language created an “unqualified prohibition” of the release of “any informatio Read more

Handbook Rules Chill Protected Activities Says Fourth Circuit

A security guard company distributed an employee handbook containing work rules prohibiting employees from 1) complaining to clients, 2) solicitation and distribution of literature “at all times while on duty or in uniform,” and 3) fraternizing on or off duty with other employees. Read more

Unsigned Reimbursement Policy Not Enforceable, Court Says

Contract Signing A high tech company seeking to recover relocation, training, and certification costs from a former “Vice President of Emerging Technologies” based on a handbook policy that was emailed to him but left unsigned did not have an enforceable policy, a Mississippi appeals court rules. Read more

Handbook Contract Disclaimers Trump Subsequent Promises for Protection, 4th Circuit Holds, Reversing $555,000 Employee Award

The promise that employees will be protected from retaliation for reporting business practice issues in good faith, and that such reporting may not be the basis for demotion, denial of benefits, or termination, did not negate the employee handbook’s “clear disclaimers” of employment-at-will, the Fourth Circuit holds, overturning a jury verdict of $555,000 to an employee who claimed that drug company Merck breached its employment contract by terminating her in retaliation for raising a good faith business practice issue to Merck’s Office of Ethics. Read more

NLRB Concludes that Policies on Media and Law Enforcement Inquiries Violate National Labor Relations Act

On January 28, the National Labor Relations Board issued a decision holding that four company policies restrict employee rights under the NLRA. Read more