WELCOME TO ______

This employee handbook is intended as a basic explanation of the Company’s personnel policies and benefits, as well as the specific opportunities and responsibilities that exist for employees at the Company. In an effort to be responsive to the needs of this organization and all of our employees as a whole, changes or additions to this handbook will be made when necessary. It is simply not possible to list all of the various issues and instances that might arise. As a result, employees should not view this handbook as being an “all inclusive” listing of the rules and regulations governing this organization, nor does it constitute any form of contract.

When interpreting the enforcement of this handbook and its various provisions, management will use its subjective judgment as it believes is most appropriate in order to run this organization as it feels is best. Each of the policies described in this manual will therefore be interpreted according to management’s discretion and opinion.

As with all things, the circumstances of our operations and needs change from time to time, so the policies in this handbook will certainly change from time to time to meet these changing needs. In order to properly run this organization, management reserves the right to change its policies at anytime, with or without notice. The information contained in this handbook is therefore intended to replace any similar policies issued previously.

Therefore, it is each employee’s responsibility to remain informed regarding the Company’s most current policies. Policy changes will be posted ______(state where these changes will be posted)as soon as practicable after these changes are adopted by management. Employees acknowledge that they are to check ______every so often to see if any updates have been posted. Employees may also be notified of various changes by way of ______when deemed appropriate by management.(List methods of contact.)

If you have any questions regarding this handbook, please consult with your supervisor or human resources.

Employees also understand that only ______has any authority to enter into any agreement with any employeeor provide and assurances to any employee relating to any aspect of their employment with the Company, except that the above-mentioned officials of the Company may do so in a signed writing that exists between the employee and the Company officials listed above.

It is important to note that while this policy is an important one. Many courts have ruled that such policies can be “trumped” by the “promises” and “assurances” made by supervisors and managers under the legal parameters of “Promissory Estoppel.” In other words, Promissory Estoppel arguments made by employees can easily trump this policy, thus rendering it worthless.

This is why companies need to consider either having their employees sign a “Confidentiality” contract that reiterates this statement above in order to overcome a Promissory Estoppel argument. Employers can also consider turning their Employment Application into a contract.

For more information on “Promissory Estoppel” and its dangerous consequences for employers, go to the “HR Forms” section of this Packet. There you will find a document entitled, “Employment Application 2010 PROMISSORY ESTOPPEL CASES.”

A.Payroll Deductions

The Company is required to make proper deductions from employees’ earnings. The amounts withheld vary according to how much the employee earns, marital status, government employment regulations, and other factors. These mandatory deductions are made until the maximum withholding amount is reached.

It is the Company’s policy to never make impermissible deductions from an employee’s pay whether the employee is classified as being exempt or non-exempt from overtime pay. Should any employee feel that the Company has made an impermissible deduction from his/her pay, the employee should contact ______and file a written complaint.

You need to decide if you want this to be a written complaint or an oral one.

“SafeHarbor” For Damages Under The Salary Test

If employers err and make an impermissible deduction from their salaried employees’ wages under the Salary Test, the regulations allow employers an opportunity to correct this error without invalidating their employees’ exempt status. The regulations allow employers to correct an isolated impermissible deduction from any salaried employees’ pay if the following requirements are met:

  1. The employer has a clearly communicated policy in place that prohibits improper deductions from an employee’s pay,
  2. This policy includes a clear complaint process,
  3. The employer reimburses the employee and
  4. The employer makes a good faith commitment to comply in the future.

II.SOCIAL NETWORKING

Although the Company respects the privacy and personal time of its employees, the Company’s legal obligations require it to adopt certain guidelines for its employees’ activities both in and outside of workplace that could potentially affect their job performance, the performance of others, or the Company’s work environment and interests.

Online social media enables individuals to share their insights, express their opinions and share information all over the world. Unfortunately, every online social tool and medium has both proper and improper uses, each of which has a potential impact on the Company and its work environment, regardless of whether these communications occur at work or on the employees’ own time.

In short, employees must understand that the same principles and guidelines that apply to their activities in general also apply to their online activities. This includes all forms of social media, including, but not limited to, online publishing and discussion, such as blogs, wikis, file-sharing, user-generated video and audio, and social networks, such as My Space, Facebook, Twitter, YouTube and Flickr, to mention a few.

Therefore, in order to honor its legal obligations, the following is the company’s social media and networking policy. Should this policy fail to address a certain situation, employees need to consult with their manager, supervisor or human resources if they are uncertain how to proceed.

  1. Only the Company employees authorized by their supervisor or manager may use social networking web sites during working hours or on the Company equipment, even if it is to conduct the Company’s business.

Many social networking sites collect profile information for advertising (SPAM) targeted at individuals with particular affiliations and interests. Use of the sites may increase SPAM to your email account.

In addition, from the social networking sites or links on these sites, your equipment or network may be exposed to spyware and viruses that may damage your operating system, capture data, or otherwise compromise your privacy, your computer and the campus network, as well as affect others with whom you communicate.

Employees should therefore not post or blog during business hours or on the Company’s equipment unless specifically authorized to do so for business purposes.

  1. Regardless of whether employees are on their own time or not, only authorized employees may post on a social network profile the Company’s email address or the Company’s telephone numbers for contact purposes, or post any official information, resources, calendars, or events.
  2. Employees should never disclose any proprietary, trade secret or confidential information relating to the Company, its customers, its vendors or its employees. Such information would typically include the Company’s trade secrets, customer identities and information, company financial details and business performance, planned acquisitions, future product launches and so on.
  3. Employees should ask permission to publish or report on conversations that are meant to be private or internal to by Company.
  4. Employees are to keep the Company’s logos or trademarks off their blogs and profiles and not mention the organization in any commentary, unless authorized to do so for business purposes in accordance with this policy.
  5. Social media should also not be used for internal communications among fellow employees, vendors or competitors. Employees must remember to fulfill its duty of loyalty to the Company at all times.
  6. Supervisors and managers are not permitted to make recommendations of employees or former employees without the written permission of human resources.
  7. Employees’ social media activities should not interfere with their work commitments.
  8. Employees must also use a disclaimer whenever they are expressing their views through social media that might in any way be viewed as relating to the Company, its employees, its vendors or its competitors. Employees must also appropriately identifying themselves as an employee of the Company in such situations. A typical disclaimer might read:

“The views expressed herein are mine, ______(Employee’s name) alone and do not necessarily reflect the positions, strategies or opinions of ______(Company name), its employees or its vendors in any way.”

  1. Employeesshould not use any form of social media that is inflammatory, offensive, threatening, defamatory or dishonest, which includes, but is not limited to, having any content that contains protected class slurs or is obscene.

Also, if employees ever speak about a competitor of the Company, they must make sure that what they say is factual and that it does not defame the competitor. Clearly, employees should never publish defamatory information about the Company or its employees, customers, affiliates, vendors or competitors.

  1. Even when acting with the authorization of the Company to use social media for business purposes, employees must identify themselves by name and, when relevant, by their role at the Company whenever they discuss the Company or any matters relating to the Company, including the discussion of competitors. Employees must also write in the first person in order to further reinforce that the opinions they are expressing are their own. Employees must therefore make it clear that they are speaking for themselves and not on behalf of the Company. Employees must therefore be honest regarding their identity when using social media and refrain from the use of aliases and pseudonyms whenever any comments are made relating to the Company or any of its employees, customers, vendors or competitors.
  2. When acting with the Company’s authorization, employees are still to never violate any applicable copyright or fair use laws while using social media without the written approval of the owner.
  3. Employees should only use a Company e-mail addresses to register for social media sites when they are expressly authorized to do so for business purposes by a supervisor or manager.

In sum, employees are expected to use good judgment and take personal and professional responsibility whenever they publish anything online.

The Company does not routinely monitor social networking sites. However, as with other electronic resources, the Company’s systems administrators may perform activities necessary to ensure the integrity, functionality and security of the Company’s electronic resources.

Again, if employees have any confusion about whether they ought to publish something online, they should check with their supervisor and then human resources.

Violations of this policy may subject employees to discipline under the Company’s “Rules and Guidelines” policy, as determined by management.

A.Confidentiality

Confidential information with respect to the Company, its employees, customers, providers, and/or vendors acquired by employees through their employment must be held in the strictest confidence. Employees are not to disclose any such confidential information to (a) any other person in the organization unless there is a legitimate business reason for doing so or (b) any person outside the organization unless management has expressly stated in writing that the information can be disclosed to that person. Employees are also not to discuss confidential information where it can be overheard by others. This duty on confidentiality from all employees continues on after their employment with the Company ends.

Additionally, the organization has developed certain proprietary products and processes that are unique to the organization. Keeping such information from competitors plays an important part in our success. The organization protects proprietary information by restricting employees’ and visitors’ access to certain designated areas and access to documents to only those who have business reasons to view them.

In addition, use and disclosure of protected health information is strictly governed by applicable state and federal law, including but not limited to the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”). It is the Company’s intention to comply with these rules and regulations and to protect all confidential information. In addition, protected health information must be used and disclosed in accordance with the Company’s corporate and departmental polices. Use of such confidential information shall be used solely for corporate purposes. Confidential information is not to be used as a basis for personal gain by any employee.

In no case may such information be transmitted to persons outside of the Company, including family members of an employee, or even to other employees of the Company who do not need to know such information to perform duties as a Company employee. The restrictions in this policy shall also apply to the reports, documents, statements, and data, whether in paper or electronic form, which are prepared for use in the Company’s business and not generally released.

Employees must understand that certain forms of the Company’s confidential information, called “insider information,” derives independent economic value from not being generally known to other persons who can obtain economic value from its disclosure or use and is the subject of the Company’s reasonable efforts to maintain its privacy.

Employees are required to keep all such information confidential and may not in any manner disclose, use for personal benefit, or directly or indirectly use for the benefit of any other person or entity, the Company’s confidential information or any individual’s protected health information which has come into, or in the future comes into, the employee’s possession. This obligation of the employee shall continue after an employee’s employment with the Company has terminated, regardless of the reason for such termination. Upon the termination of an employee’s employment, the employee must immediately return to the Company all of its confidential information, and all protected health information, within the employee’s possession, custody or control.

The release of confidential information, or the release of protected health information which is not in compliance with the Company’s corporate policies, is grounds for disciplinary action up to and including dismissal and the imposition of fines pursuant to applicable state and/or federal laws and regulations.

“Confidential information” also means any data or information, whether in paper or electronic form, that is material to the Company’s business and not generally known to the public or to the Company’s competitors and includes, without limitation, data related to the Company’s methods of operation; customer lists and records; financial information; business records, business methods, plans and strategies; and employee recruiting methods, plans and strategies; pricing structure, costs, etc. In addition, “confidential information” will also include protected health information and information subject to protection by applicable state and federal law, including, but not limited to, HIPAA and employee privacy rights.

Confidential information is a valuable, special and unique asset of the Company, which provides them with a significant competitive advantage. Therefore, employees are required to keep such information confidential and not disclose this information to any person or entity, either during or subsequent to the employee’s employment, without the prior written consent of the Company.

In the event that employee does disclose confidential information, disciplinary action shall be taken, up to and including termination. In the event that the information is disclosed subsequent to their employment, damages may be sought in the appropriate judicial forum.

III.WORKPLACE SAFETY

A.Violence in the Workplace

The safety and security of all employees is of primary importance to the Company. Threats, threatening and abusive behavior, or acts of violence against employees, visitors, customers [clients], or other individuals by anyone on Company property will not be tolerated. Violations of this policy will lead to corrective action up to, and including, termination and/or referral to appropriate law enforcement agencies for arrest and prosecution. The Company reserves the right to take any necessary legal action to protect its employees and its visitors.

The Company defines “Workplace Violence” as the following:

“Any actual or threatened physical, verbal or nonverbal abuse occurring either inside or outside of the work setting.”

For the purposes of this policy, the term “violence” will refer to any type of behavior that management feels a reasonable person would feel threatened. Examples include:

Any action that constitutes an assault,