
A well-written, lawful employee handbook has no downsides. It provides an employer with the flexibility to address innumerable employee actions and inactions. Only a “bad” employee handbook does more harm than good. Problems stem from drafting handbooks without thought, customization or legal advice, or a failure to update existing handbooks.
The following are key points for a “good” employee handbook to consider when tackling this important project.

Imagine a jury looking at your employee handbook. What does your current employee handbook say about your workplace? A handbook is also an excellent way for an employer to take credit for what the company does for its employees. Even though employees won’t always follow the rules, they do like to know them. A good handbook should tell employees your expectations, not only to avoid disciplinary action, but how to succeed.

You also need some rules. In most states, winning an unemployment claim requires proof that the terminated employee was on notice of a certain rule and was warned that violating the rule would lead to discipline or immediate termination. A well-written employee handbook lays the foundation for a successful unemployment defense or even a wrongful termination case.




A promise in a handbook might be legally enforceable. For this reason, I often recommend avoiding a formal, progressive discipline policy that lists rule violations and their specific “punishment,” or a “three-strikes-you’re-out” policy. Certain laws, such as the Americans with Disabilities Act, may require discretion in administering some policies, like attendance. Don’t get stuck with an under-performing employee because you have your hands tied by a poorly written employee discipline policy. Working with employment lawyers will help you avoid this.

A handbook is a “living” document that is updated and revised frequently. It also must be accessible by employees. Even the very best handbook provides no benefit if the employer cannot “prove” the employee received and understood to follow it.
In sum, it’s worth the investment – likely less than you think – to publish a well-edited, well-written, employment law attorney-vetted, employee handbook.
Catharine Morisset is an experienced litigator and partner in the Seattle office of Fisher & Phillips LLP, a national law firm committed to providing business solutions for employers’ workplace legal problems. She and her colleagues counsel cannabis retailers, growers and other supporting industries with operations in California, Colorado, Oregon and Washington in all aspects of employment law. She can be reached at cmorisset@fisherphillips.com.
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