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Create Your Own Employee Handbook
A Legal & Practical Guide for Employers
Amy DelPo, Attorney and Lisa Guerin, J.D.
May 2013, 6th Edition
Create a handbook for employees, spelling out your company's benefits, policies and procedures using this practical legal guide
Every company, no matter how big or small, needs to provide workers with an employee handbook. Create Your Own Employee Handbook gives you the information and policies all managers, HR professionals and business owners need to create their own reader-friendly guide, no matter what state you live in. Each chapter covers a different topic, including:
- at-will employment
- hiring
- pay and payroll
- workdays and hours
- performance evaluations
- benefits
- discrimination and harassment
- complaints and investigations
- leave
- health and safety
- substance abuse
- privacy in the workplace
- discipline
You'll get the lowdown on the legal and practical considerations that apply to each topic in your state, plus sample policies that you can use as-is or tailor to meet your needs. You can even cut and paste the language you need to complete your own handbook instantly.
This edition is completely updated to reflect recent changes to federal and state law, and covers emerging workplace issues such as healthcare reform law and social networking policies.
“Provides all the information and policies managers, HR professionals and business owners need to create their own reader-friendly guide.”-HR Magazine
“You don’t have to shell out big bucks to a professional handbook developer. Instead, turn to the pages of Create Your Own Employee Handbook.”-entrepreneurialconnection.com
“Has all the information and advice you’ll need to clearly communicate your firm’s policies and procedures.”-Accounting Today
Forms
- Handbook Acknowledgment Form
- Payroll Deduction Authorization Form
- Expense Reimbursement Form
- Telephone Monitoring Policy Acknowledgment
- Email and Internet Policy Acknowledgment
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Amy DelPo
Ms. DelPo is an author and consulting editor who specializes in employment and family law issues. She brings years of criminal and civil law experience to her work at Nolo, having litigated cases in all levels of state and federal courts, including the California Supreme Court and the United States Supreme Court. Since leaving the active practice of law, she has earned a master’s degree in library and information science, specializing in legal research and law librarianship. She has written numerous employment law titles, including The Performance Appraisal Handbook, Dealing with Problem Employees, and Create Your Own Employee Handbook. Ms. DelPo received her law degree with honors from the University of North Carolina at Chapel Hill.
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Lisa Guerin
Lisa Guerin, an editor and author specializing in employment law, is author or co-author of several Nolo books, including The Manager's Legal Handbook, Dealing with Problem Employees, The Essential Guide to Federal Employment Laws, Workplace Investigations, Create Your Own Employee Handbook, and Nolo's Guide to California Law. Guerin has practiced employment law in government, public interest, and private practice where she represented clients at all levels of state and federal courts and in agency proceedings. She is a graduate of Boalt Hall School of Law at the University of California at Berkeley. Guerin's blog on lessons learned by employers and HR professionals on everything from hiring and firing to performance and discipline can be found at Nolo's Employment Law Blog.
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TABLE OF CONTENTS
Introduction 1
What an Employee Handbook Can Do for Your Organization 2
Who Can Use This Book 4
How to Use This Book 5
What You'll Find in This Book 6
What You Won't Find in This Book 6
Drafting Your Handbook 6
Chapter 1
Handbook Introduction 11
1:1 Welcoming Statement 12
1:2 Introduction to theCompany 14
1:3 Mission Statement 16
1:4 History of the Company 17
1:5 Handbook Purpose 19
1:6 Bulletin Board 21
1:7 Human Resources Department 23
Chapter 2
At-Will Protections 25
2:1 At-Will Policy 27
Form A: Handbook Acknowledgment Form 30
Chapter 3
Hiring 33
3:1 Equal Opportunity 34
3:2 Recruitment 36
3:3 Internal Application Process 38
3:4 Employee Referral BonusProgram 39
3:5 Nepotism 42
Chapter 4
New Employee Information 45
4:1 New Employee Orientation 46
4:2 Orientation Period 47
4:3 Work Eligibility 51
4:4 Child Support Reporting Requirements 53
Chapter 5
Employee Classifications 55
5:1 Temporary Employees 56
5:2 Part-Time and Full-Time Employees 58
5:3 Exempt and Nonexempt Employees 60
Chapter 6
Hours 61
6:1 Hours of Work 62
6:2 Flexible Scheduling ("Flextime") 64
6:3 Meal and Rest Breaks 66
6:4 Lactation Breaks 68
6:5 Overtime 71
Chapter 7
Pay Policies 83
7:1 Payday 84
7:2 Advances 87
Form B: Payroll Deduction Authorization Form 91
7:3 Tip Credits 93
Form C: Tip Credit Notice Form 94
7:4 Tip Pooling 96
7:5 Shift Premiums 98
7:6 Pay Docking 99
7:7 Payroll Deductions 102
7:8 Wage Garnishments 103
7:9 Expense Reimbursement 105
Form D: Expense Reimbursement Form 109
Chapter 8
Employee Benefits 117
8:1 Employee Benefits: Introductory Statement 119
8:2 Domestic Partner Coverage 121
8:3 Health Care Benefits 122
8:4 State Disability Insurance 125
8:5 Long-Term Disability Insurance 126
8:6 Workers' Compensation 127
8:7 Unemployment Insurance 129
8:8 Life Insurance 130
8:9 Education Reimbursement 131
Chapter 9
Use of Company Property 133
9:1 General Use of Company Property 134
9:2 Company Cars 135
9:3 Telephones 137
9:4 Return of Company Property 138
Chapter 10
Leave and Time Off 139
10:1 Vacation 140
10:2 Holidays 143
10:3 Sick Leave 145
10:4 Paid Time Off 148
10:5 Family and Medical Leave 152
10:6 Leave for Children's School Activities 161
10:7 Bereavement Leave 163
10:8 Military Leave 164
10:9 Time Off to Vote 167
10:10 Jury Duty 169
Chapter 11
Performance 197
11:1 Job Performance Expectations 198
11:2 Job Performance Reviews 199
Chapter 12
Workplace Behavior 201
12:1 Professional Conduct 202
12:2 Punctuality and Attendance 205
12:3 Dress, Grooming, and Personal Hygiene 207
12:4 Pranks and Practical Jokes 212
12:5 Threatening, Abusive, or Vulgar Language 213
12:6 Horseplay 214
12:7 Fighting 215
12:8 Sleeping on the Job 216
12:9 Insubordination 218
12:10 Personal Cell Phones at Work 220
12:11 Progressive Discipline 221
Chapter 13
Health and Safety 225
13:1 Workplace Safety 226
13:2 Workplace Security 229
13:3 What to Do in an Emergency 232
13:4 Smoking 234
13:5 Violence 238
13:6 Domestic Violence 243
13:7 Cell Phones and Driving 245
Chapter 14
Employee Privacy 257
14:1 Workplace Privacy 259
14:2 Telephone Monitoring 261
Form E: Telephone Monitoring Policy Acknowledgment 263
14:3 Cameras and Camera Phones 265
Chapter 15
Computers, Email, and the Internet 267
15:1 Email 268
15:2 Using the Internet 277
Form F: Email and Internet Policy Acknowledgment Form 285
15:3 Software Use 288
15:4 Personal Blogs and Posts 289
Chapter 16
Employee Records 293
16:1 Personnel Records 294
16:2 Confidentiality 295
16:3 Changes in Personal Information 296
16:4 Inspection of Personnel Records 297
16:5 Work Eligibility Records 299
16:6 Medical Records 300
Chapter 17
Drugs and Alcohol 307
17:1 Policy Against Drug and Alcohol Use at Work 309
17:2 Inspections to Enforce Policy Against Drugs and Alcohol 313
17:3 Drug Testing 314
17:4 Leave for Rehabilitation 316
17:5 Rehabilitation and Your EAP 318
Chapter 18
Trade Secrets and Conflicts of Interest 327
18:1 Confidentiality and Trade Secrets 328
18:2 Conflicts of Interest 330
Chapter 19
Discrimination and Harassment 333
19:1 Antidiscrimination Policy 334
19:2 Harassment 338
Chapter 20
Complaint Policies 351
20:1 Complaint Procedures 352
20:2 Open-Door Policy 356
Chapter 21
Ending Employment 359
21:1 Resignation 360
21:2 Final Paychecks 361
21:3 Severance Pay 363
21:4 Continuing Your Health Insurance Coverage 365
21:5 Exit Interviews 368
21:6 References 370
Appendixes
A
Creating Your Handbook 387
Editing Handbook Sections 388
Assembling Your Employee Handbook 388
List of Forms 389
B
Where to Go for Further Information 391
State Departments of Labor 392
Agencies That Enforce Laws Prohibiting Discrimination in Employment 395
Index 399
Chapter1
Handbook Introduction
A handbook’s introductory statements will be the first policies employees read, and they will set the tone for everything else to come. For this reason, they should be friendly and nonthreatening, easing employees into the drier—and sometimes less pleasant—information that will follow. Envision the handbook as an engaging tour guide, personally leading employees through the company. Employees will be more receptive to—and pay more attention to—a handbook that they perceive as warm and friendly than a handbook that feels impersonal and cold.
Start by introducing employees to the company, and its history, products, and goals. You’d be surprised how many long-term employees—let alone employees who have just been hired—don’t know this basic information. The handbook can be an effective way of indoctrinating employees into a company’s culture and values. This knowledge can inform everything employees do at the company, from dealing with customers and vendors to setting standards for their own work.
Depending on the type of company, some employers might want to make the policies in this chapter more formal, and some might want to make them more casual. Regardless of the level of formality you choose, however, try to make the tone as pleasant and friendly as possible.
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Contents |
1:1 Welcoming Statement.................................................... 12 1:2 Introduction to the Company.......................................... 14 1:3 Mission Statement......................................................... 16 1:4 History of the Company................................................. 17 1:5 Handbook Purpose........................................................ 19 1:6 Bulletin Board................................................................ 21 1:7 Human Resources Department...................................... 23 |
1:1 Welcoming Statement
Though it’s not a legal requirement, we recommend you begin the handbook by welcoming employees to the company. After all, the vast majority of employees will read the handbook from cover to cover only at the beginning of their employment. Thereafter, they will look at it only in bits and pieces, finding the information they need and nothing more.
A hearty welcome can quickly and effectively establish the friendly tone that you want to convey. An effective welcoming statement is positive and upbeat, and it begins the process of selling the company to your employees.
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Welcome to Our Company! It’s our pleasure to welcome you to our Company. We’re an energetic and creative bunch, dedicated to high standards of excellence and quality. We value each one of our employees, and we hope that you find your work here rewarding and satisfying. This section introduces you to our Company’s history, purpose, and goals. Please read it carefully so that you can better understand who we are and what we do. We think we are a special place, made all the more so by the hard work and dedication of our employees. |
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Additional Clause to Insert Company-Specific Information
This welcome will be even more effective if you add some concrete information about the company. Although some of this information will overlap with information you include in your introduction and history sections (see Policies 1.2 and 1.3, below), it doesn’t hurt to give employees a preview here. Consider mentioning:
How long your company has been in existence. For example: “We’re an energetic and creative bunch, dedicated to high standards of excellence since 1902 when the Martinez family first opened this company’s doors at 311 Main Street.”
The services or products that your company provides. For example: “Our company has dedicated itself to providing superior printing services since 1902.”
A description of your company’s culture. For example: “As a family-owned company, we run a casual operation where people feel free to decorate their workspaces and wear clothes that reflect their personality. Don’t let the informality fool you, however. We demand excellence from ourselves and our employees, and we consider ourselves to be the premier printing company in the Tri-State Area.”
If you do add company-specific information to this welcome statement, keep it brief. Your employees will be getting more detailed information from the policies that follow.
CAUTION
Don’t make big promises in a handbook. Be careful not to say anything that could create an implied contract with your employees promising to terminate them only for cause. (See Chapter 2 for more about implied contracts and termination for cause.) Avoid statements that promise employees a long future at the company or that describe the company as a “family.”
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1:1 Welcome to Our Company! File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses Company-Specific Information Insert?: Yes No Related Policies None Notes
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1:2 Introduction to the Company
The beginning pages of a handbook are a great place to briefly introduce employees to a company’s background, history, and culture. (You will delve into your company’s history in more detail later. See Policy 1:4, below.) In the Introduction, speak directly to employees and present the company as you want them to see it.
During employees’ day-to-day work at your company, information about your company’s values and goals will trickle down to them from supervisors, managers, coworkers, and customers. Unfortunately, this means that sometimes employees will hear things about your company that aren’t true or that are distorted by the prejudices and personalities of the people around them. If these are an employee’s first impressions of your company, they will be hard to undo. The Introduction is your opportunity to get in the first word about your company and to make a good first impression.
There is no standard policy language that we can provide to convey your company’s unique personality; that’s up to you. Here is an example of what an Introduction might look like.
SAMPLE POLICY LANGUAGE
Juanita Jones founded this company in 1978 on a very basic principle: Customers will pay for exceptional service and knowledge. Using that principle as her beacon, she took a small independent bookstore and created a chain of 300 stores serving customers throughout the western United States.
Here at J&J Books, we continue to believe that a knowledgeable and courteous staff can sell more books than discount prices can. For this reason, we encourage our employees to read the publishing and literary magazines that you will find in the break room, to use your employee discount to buy and read as many books as possible, and to take advantage of our tuition reimbursement program to take literature and writing classes at local colleges. When our customers come to you with questions, we want you to be able to answer them—with a smile.
We know that only happy and relaxed employees can give the quality and good-natured service that our customers demand. So take all of the breaks you are scheduled for, alert your manager to any problems in your work area, and communicate any ideas you might have for making this a better place to work.
At J&J Books, we want our employees to put the customer first. That’s why we, in management, put our employees first. We know that we are only as good as you are.
Drafting Your Own Policy
All sorts of information can go into your Introduction, from a heart-felt description of your company’s values to an inventory of the products you create and sell. When you write this policy, imagine sitting across from a single employee. What do you want this person to know about your company? What do you think the essence of your company is? What sort of attitude do you want this employee to have toward customers and clients? What information about your company would be useful to this employee in doing the job?
Consider including the following information in this policy:
The values that are most important to your company’s success, such as customer service, product quality, or high-speed productivity. Be as concrete as possible. Do you always do what the customer wants, no matter how much time and effort it takes? Do you try to fill all orders within one day? Do you always redo orders, no questions asked, if a customer complains?
An explanation of why these values are important to your company’s success.
Any goals your company has (for example, doubling sales in the next decade or lowering operating costs).
A description of the values and goals that each employee should have. For example, it may be more important to your company for employees to develop friendly relationships with customers than to pressure customers into making purchases they don’t really need.
A description of your company culture.
A description of the products your company produces or the services it provides.
An organizational chart for your company.
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1:2 Introduction to the Company File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses None Related Policies None Notes
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1:3 Mission Statement
Most modern businesses and organizations have mission statements as part of their overall business or strategic plan. If you have a mission statement, share it with your employees in your handbook. It is yet another way to educate your employees about your company. It helps them understand why they are there and how they should act. It also helps them see the big picture of what your organization is and what it is trying to accomplish in the world.
If you do not have a mission statement, see the guidelines for drafting one, below.
SAMPLE POLICY LANGUAGE
The mission of The Daily News is to enhance and protect our community through journalism that informs, educates, and inspires.
Drafting Your Own Policy
When writing your mission statement, try to think of the essence of why your organization exists. If you run a business, you certainly want to make money, but there is always more to a business’s mission than the mere desire for profit. Ask yourself: Why do I run this business? Why is it in this place? Why is this business important? This should get you in the mindset of articulating your company’s mission.
Like the sample above, the mission statement should be short and to the point. Most are no longer than one sentence. Information about your company history and culture can go into other policies. The mission statement should be short enough that employees can memorize it, yet long enough to provide information about:
what you do
whom you do it for
how you do it, and
why do you do it.
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1:3 Mission Statement File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses None Related Policies None Notes
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1:4 History of the Company
The more pride your employees take in your company as a whole, the more pride they will take in their own performance. Telling the history of your company is one way to instill this pride. It can make employees feel like they are part of something special.
In addition, knowing this history can make employees more effective in their jobs. Anecdotes about your company’s noble beginnings can help your employees sell your company to customers and clients. Funny stories from your company’s past can make the company seem more human and friendly.
Although you may have previewed this information in the Welcoming Statement and Introduction to the Company (see Policies 1:1 and 1:2, above), now is the time to go into more detail.
Of course, each company has its own history, and you’ll have to decide how best to convey those facts. Here is an example of what this kind of policy might look like.
SAMPLE POLICY LANGUAGE
In 1855, Dante DeMarco opened this newspaper’s doors at 111 Main Street—right between City Hall and the county courthouse. It was a fitting geographic location for Dante, who always kept both eyes peeled for scandal and corruption among the city’s power elite. While he ran this newspaper, he lived and breathed the journalist’s creed: “Afflict the comfortable and comfort the afflicted.” He often said his proudest moment was the day Mayor Lou Mixon was forced to resign because of the great Black and Tan Scandal of 1925, a scandal uncovered and publicized by “DeMarco’s Moles,” as the reporters were then called. “I would have gotten away with it if it hadn’t been for that meddling paper,” Mixon was heard to say on his way up the jailhouse steps.
Here at the Daily Conscience and News, we still believe in the ideals that have won this newspaper three Pulitzer Prizes (the first for the Black and Tan Scandal). As Dante said, we must be the conscience of the city. We want reporters with suspicious and inquisitive minds and editors who won’t breathe easy until a story is just right. We are committed to hiring the highest-quality staff. We will provide whatever resources our employees need to keep their work at the highest level. We will never bow to pressure from advertisers or civic leaders. In short, we will continue to be the daily conscience of Cedar Falls.
Drafting Your Own Policy
Try to entertain your employees; tell them a good story. Get them hooked on your company’s past and becoming part of its future. Be as specific as possible. Use concrete details like names, dates, and amounts. If you have pictures from the early days, include them.
In writing your history, don’t forget the values and goals that you laid out in the Introduction to the Company section (see Policy 1:2, above). If you can, use the history to illustrate those values and show where they came from.
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1:4 History of the Company File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses None Related Policies None Notes
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1:5 Handbook Purpose
Every company should include a purpose statement in its employee handbook. From the beginning, you must make clear to employees that they are expected to read the whole handbook and to incorporate the information they read into their work. After all, what’s the use of a handbook if employees don’t read it?
There is also a legal reason to include this policy. As we explained in the Introduction to this book, one of the biggest risks of using an employee handbook is that a judge or jury might view it as a contract and hold the company to what it says. One way to minimize this risk is to plainly state that the handbook is not a contract and to emphasize that policies can change at any time, for any reason, and without warning.
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The Purpose of This Handbook We think that employees are happier and more valuable if they know what they can expect from our Company and what our Company expects from them. In the preceding sections, we introduced you to our Company’s history, values, culture, and goals. We expect you to incorporate that information into your day-to-day job performance, striving to meet our Company’s values in everything you do. The remainder of this Handbook will familiarize you with the privileges, benefits, and responsibilities of being an employee at our Company. Please understand that this Handbook can only highlight and summarize our Company’s policies and practices. For detailed information, you will have to talk to your supervisor or In this Company, as in the rest of the world, circumstances are constantly changing. As a result, we may have to revise, rescind, or supplement these policies from time to time. Nothing in this Handbook is a contract or a promise. The policies can change at any time, for any reason, without warning. We are always looking for ways to improve communications with our employees. If you have suggestions for ways to improve this Handbook in particular or employee relations in general, please feel free to bring them to |
How to Complete This Policy
Of course, no handbook can anticipate all of the questions and concerns that your employees might have. For this reason, you must designate people at your company to whom your employees can go for more information. If you have a very small company, there might be only one member of management: you. In larger companies, there might be several levels of management to choose from, or you may want to direct employees to the human resources department, if your company has one. (Policy 1:7 introduces the human resources department.) Adjust this policy to reflect the situation at your company. If possible, name two people to whom employees can turn (for example, a supervisor and a human resources director). That way, employees have a choice: If they are uncomfortable with one of their options, they can pick the other. Of course, if you have a small company, there may only be one appropriate person. That’s fine, too.
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1:5 The Purpose of This Handbook File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses None Related Policies None Notes
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1:6 Bulletin Board
Many employers use a company bulletin board to communicate with their employees about various events, laws, and rules, and to inform employees about changes to information in the handbook. Typical bulletin board postings include legally required notices (for example, about equal employment opportunity laws, wage and hour laws, and the like), flyers about special company events, and an organizational chart.
If you have a company bulletin board, include a policy in the introductory section of your handbook that alerts employees to the board’s existence, instructs employees to read the board periodically, and identifies who is allowed to put things on the board.
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Be Sure to Check Out Our Bulletin Board You can find important information about this Company and your employment posted on the bulletin board located at . This is also the place where we post important information regarding your legal rights, including information about equal employment opportunity laws and wage and hour laws. We expect all employees to read the information on the bulletin board periodically. |
Alternate Modifications to Specify Who Can Post
To Prohibit Employees From Posting
Some companies do not want employees posting information on official bulletin boards. If that is the case at your company, add the following paragraph to your policy.
Alternate Modification A
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Because this bulletin board is our way of communicating with employees, we do not allow anyone but managers and Company officials to post information there. |
To Allow Employees to Post
Some companies like to allow their employees to post information on company bulletin boards. If you would like to do so, add the following paragraph to your policy.
Alternate Modification B
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If you would like to communicate information to your coworkers, consider using the Company bulletin board. To post something, you must first give it to for approval. Employee notices may remain on the bulletin board for 90 days. After that period, they will be removed. |
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1:6 Be Sure to Check Out Our Bulletin Board File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications Specify Who Can Post Choose one: A B Additional Clauses None Related Policies None Notes
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1:7 Human Resources Department
If your company has a human resources department, that is a wonderful thing. A human resources department can help ensure that your company’s most important assets—its human resources—are happy and productive. The human resources department does such things as conduct trainings, field questions about benefits, and handle complaints of illegal discrimination. It also plans staff retreats and recognizes exceptional service. But your employees can’t use the human resources department if they don’t know about it. Your handbook is a great way to introduce the department to your employees.
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Get to Know the Folks in Human Resources We are fortunate enough to have wonderful human resources professionals who are available to answer your questions, field your complaints, and make our Company run more smoothly. In fact, the policies in this Handbook often refer you to the human resources department for more information or to obtain help. The department is located at ; |
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1:7 Get to Know the Folks in Human Resources File Name: 01_Introduction.rtf Include This Policy? Yes No Use our existing policy Other Alternate Modifications None Additional Clauses None Related Policies None Notes
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