I have received a copy of the Employment and Work Policies of ______________________, and I have read and I understand the information contained in the Manual.
Since the information in this Manual is necessarily subject to change as situations warrant, it is understood that changes in the manual may supersede, revise, or eliminate one or more of the policies in this manual. These changes will be communicated to me by my supervisor or through official notices. I accept responsibility for keeping informed of these changes.
I further acknowledge my understanding that my employment with ______________________ may be terminated at any time with or without cause.
An employee shall have a yearly performance review on the anniversary date of their hire. Supervisors shall complete the performance review within 21 days of the anniversary date.
CLASSIFICATIONS OF EMPLOYEES
There are three classifications of employees:
1. Regular Full-time: An employee who works a normal 40-hour workweek on a regularly scheduled basis.
2. Regular Part-time: An employee who works less than a normal workweek, on either a regularly scheduled basis or on an irregular basis.
3. Temporary: An employee hired for a period not exceeding three months and who is not entitled to regular benefits. An extension of a temporary work classification for an additional three-month period, or less, may be granted, if upon review by management, the assignment is clearly found to be necessary. A temporary employee may be full-time or part-time. In addition to the use of this classification for secretarial or clerical positions, it applies to students working part-time and those who work during the summer.
All employees are classified as exempt and nonexempt according to these definitions:
1. Salaried Exempt: Positions of a managerial, administrative, or professional nature or for outside sales, as prescribed by federal and state labor statutes, which are exempt from mandatory overtime payments.
2. Salaried Nonexempt: Positions of a clerical, technical, or service nature, as defined by statute, which are covered by provisions for overtime payments.
If you are uncertain as to your status, please contact the general manager.
CONFLICTS OF INTEREST PROHIBITED
No employee of ______________________ shall maintain an outside business or financial interest, or engage in any outside business or in any capacity other than being the holder of less than 5 percent of a publicly-traded company which conflicts with the interests of the company, or which interferes with his or her ability to fully perform job responsibilities.
______________________ operates a computer telecommunications service. Significant legal restraints exist on disclosing private message traffic. Therefore, it is the policy that employees only enter private areas on a strictly necessary basis, and only if there exists a bona fide requirement to examine data to ensure that the system is operating properly, or under the direction of the general manager to verify accountings or other fees due to the BBS. Except under court order or subpoena, no employee may reveal the contents or any part of the contents of any messages in the “private” areas of the system.
Putting a diskette into computers in the company carries a risk of introducing viral infection to the system. Accordingly, if employees bring disks into the premises they must insure that the disks and the data thereon must verified as free of viral infection.
Employees who are not expected to be in contact with the public may dress in casual clothes. Employees who generally are in contact with the public shall wear customary and appropriate business clothes. During periods when employees who are not generally in contact with the public are likely to be in contact with the public, they must wear customary and appropriate business attire.
DRUG AND ALCOHOL FREE WORK POLICY
The work place shall be free of alcohol and illegal drugs. Employees who require prescription drugs, which impair their ability to work, should request sick leave and not report to work.
No alcoholic beverages may be consumed at company approved social events.
GRATUITIES TO CUSTOMER OR SUPPLIER REPRESENTATIVES
Employees of ______________________ may not offer to give, or accept a gift, cash or other item of value including personal service from an existing or prospective customer, supplier, or a representative of either in pursuance of business or in conjunction with negotiating business on behalf of this company. Expenses for meals as part of a seminar, convention, or business meeting are not within the definition of gratuities for purposes of this policy. Invitations extended by a customer or supplier to participate in any program or activity, such as a party or football game may be accepted.
Each employee’s area of responsibility shall be defined in a position description, which shall be included in the employee’s permanent file. However, employees may be requested to perform any duty that they are capable of doing. The areas of responsibility for each employee may be changed in the best interests of the company.
MEDICAL LEAVE OF ABSENCE
Upon written application by an employee who has at least 6 months of continuous service with the company, ______________________ will grant to the employee for an appropriate period of time a leave of absence without pay for illness or pregnancy subject to the requirements set forth below. The company reserves the right to request a certificate or statement from the employee’s physician establishing the employee’s physical need for the leave of absence. An employee returning to work from a leave of absence in the case of illness or pregnancy will present a certificate or statement from the employee’s physician indicating that the employee is able to return to work.
An employee need not apply for an illness or pregnancy leave of absence if the absence will not exceed five working days however, the employee must notify his or her department manager no later than the day of such absence.
The following requirements will be applicable to employees on all types of leaves of absence:
1. An employee on any leave of absence shall not return to work prior to the expiration of his or her leave without the prior written consent of the company.
2. An employee who does not return to work at the end of his or her leave of absence will be considered to have voluntarily resigned from employment with ______________________.
3. If an employee returns to work within eight weeks after the leave of absence begins, the company will return the employee to employee’s previous job, if the job exists and if the employee remains qualified and able to perform the work in such job.
4. If an employee returns to work more than eight weeks after the leave of absence begins, the company shall not be required to return the employee to any job within the company.
5. An employee who accepts other employment while on any leave will be deemed to have voluntarily resigned his or her employment with the company.
6. Group insurance participation for employees on a leave of absence will continue during the leave but will terminate the first day after the day on which the leave of absence ends, but in no event later than eight weeks following the date of commencement of the leave, if the employee has not returned to full-time employment by that date.
7. The time that an employee is on leave of absence will be counted as time worked for determining whether or not the employee is entitled to other company benefits, subject, of course, to the specific provisions of any health insurance policy, retirement plan or other benefit package. Similarly, an employee’s length of service will continue to increase while the employee is on leave of absence.
Prior approval for use of personal vehicles to accomplish company business is required. EMPLOYEES MUST HAVE PROOF OF CURRENT INSURANCE ACCEPTABLE TO THE COMPANY BEFORE USE OF THEIR PERSONAL VEHICLES IS PERMITTED. Employees will be reimbursed at the rate of _______ cents per mile. Such reimbursement will be included on the next paycheck of the employee.
Full time employees must receive permission of the general manager to engage in other employment. This permission may be denied.
Nonexempt salaried employees will be paid at the rate of one and one-half times their regular hourly rate of pay for all time worked in excess of 8 hours in any one day and 40 hours in any one workweek.
Overtime is never at the employee’s discretion and must receive prior approval of the general manager.
Every newly hired employee must verify their eligibility for employment within three business days of accepting employment. The general manager will not notify other candidates that the position has been filled until the new employee has complied with the law. The employee will fill out and execute the top of Form I-9.). The general manager will complete Form I-9 after examining the employee’s documentation of identity and employment eligibility. Each document examined will be photocopied and the copy maintained in the employee’s personnel file folder.
It is the policy of ______________________ not to make employee payroll advances.
Employees shall keep accurate and correct records of their time worked. The exact means of accomplishing this will be explained to all employees. Pay will be given to employees on the following schedule:
Time reports shall be turned in __________, reflecting work completed for the preceding period.
Performance improvement may be suggested when company management believes that an employee’s performance is less than satisfactory and can be resolved through adequate counseling. Corrective counseling is completely at the discretion of company management. The company desires to protect its investment of time and expense devoted to employee orientation and training whenever that goal is in the company’s best interests. The company expressly reserves the right to discharge “at will.” Even if corrective counseling is implemented, it may be terminated at the discretion of management. Management, in its sole discretion, may either warn, reassign, suspend, or discharge any employee at will, whichever it chooses and at any time. The general manager will determine the course of action best suited to the circumstances.
The general manager may skip one or more of these steps under appropriate circumstances.
The steps in performance improvement are as follows:
1. Verbal counseling. As the first step in correcting unacceptable performance or behavior, the supervisor/manager should review pertinent job requirements with the employee to ensure his or her understanding of them. The supervisor/manager should consider the severity of the problem, the employee’s previous performance appraisals and all of the circumstances surrounding the particular case. The seriousness of the performance or misconduct should be indicated by stating that a written warning, probation, or possible termination could result if the problem is not resolved. The employee should be asked to review what has been discussed to ensure his or her understanding of the seriousness of the problem and the corrective action necessary. The supervisor/manager should document the verbal counseling for future reference immediately following the review.
2. Written counseling. If the unacceptable performance or behavior continues, the next step should be a written warning. Certain circumstances, such as violation of a widely known policy or safety requirement, may justify a written warning without first using verbal counseling. The written warning defines the problem and how it may be corrected. The seriousness of the problem is again emphasized, and the written warning shall indicate that probation or termination or both, may result if improvement is not observed. Written counseling becomes part of the employee’s personnel file, although the supervisor/manager may direct that the written warning be removed after a period of time, under appropriate circumstances.
3. Probation. If the problem has not been resolved through written counseling or the circumstances warrant it, or both, the individual should be placed on probation. Probation is a serious action in which the employee is advised that termination will occur if improvement in performance or conduct is not achieved within the probationary period.
The general manager will determine the length of probation and will advise the employee of the specific improvement required in writing. The probationary notice shall be made a part of the employee’s file. Normally, probation period should be at least two weeks and not longer than 60 days.
The general manager should personally meet with the employee to discuss the probationary letter and answer any questions. The employee must acknowledge receipt by signing the letter.
On the defined probation counseling date or dates, the employee and general manger will meet to review the employee’s progress in correcting the problem, which led to the probation. Brief written summaries of these meetings should be prepared with copies provided to the employee.
At the completion of the probationary period, the general manager will determine whether the employee has achieved the required level of performance and consider removing the employee from probation, extending the period of probation, or taking further action. The employee is to be advised in writing of the decision. Should probation be completed successfully, the employee may be commended, though cautioned that any future recurrence may result in further disciplinary action.
4. Suspension. A two or three day suspension without pay may be justified when circumstances reasonably require an investigation of a serious incident in which the employee was allegedly involved. A suspension may also be warranted when employee safety, welfare, or morale may be adversely affected if a suspension is not imposed. In addition, suspension without pay for up to three consecutive working days may be imposed for such proven misconduct as intentional violation of safety rules, fighting, or drinking alcohol on the job. These examples do not limit management’s use of suspension with or without pay in other appropriate circumstances, such as the need to investigate a serious incident. In implementing a suspension, a written counseling report should set forth the circumstances justifying the suspension. Such a report shall become part of the employee’s personnel file.
5. Involuntary Termination. The involuntary termination notice is prepared by the general manager. The employee is notified of the termination and all keys, passes and other materials are to be turned in, and final pay given.
Involuntary termination is reserved for those cases that cannot be resolved by corrective counseling or in those cases where a major violation has occurred which cannot be tolerated.
The following definitions and classification of violations, for which corrective counseling, performance improvement, or other disciplinary action may be taken, are merely illustrative and not limited to these examples. A particular violation may be major or minor, depending on the surrounding facts or circumstances.
1. Minor violations. Less serious violations that have some effect on the continuity, efficiency of work, safety, and harmony within the company. They typically lead to corrective counseling unless repeated or when unrelated incidents occur in rapid succession. Here are some examples of minor violations:
Unsatisfactory job performance
Defacing company property
Interfering with another employee’s job performance
Failure to observe working hours, such as the schedule of starting time, quitting time, rest and meal periods
Performing unauthorized personal work on company time
Failure to notify the supervisor/manager of intended absence either before or within one hour after the start of a shift
Unauthorized use of the company telephone or equipment for personal business.
2. Major Violations. These more serious violations would include any deliberate or willful infraction of company rules and may preclude continued employment of an employee. Here are some examples of major violations:
Fighting on company premises
Repeated occurrences of related or unrelated minor violations, depending upon the severity of the violation and the circumstances
Any act which might endanger the safety or lives of others
Departing company premises during working hours for personal reasons without the permission of the supervisor/manager
Bringing firearms or weapons onto the company premises
Deliberately stealing, destroying, abusing, or damaging company property, tools, or equipment, or the property of another employee or visitor
Disclosure of confidential company information or trade secrets to unauthorized persons
Willfully disregarding company policies or procedures
Willfully falsifying any company records or
Violation of the computer crimes laws of the United States, the state of Kentucky and other pertinent jurisdictions
Violation of the corporate policy on customer privacy and computer security
Failing to report to work without excuse or approval of management for three consecutive days.
REIMBURSEMENT FOR OTHER EXPENSES
Under most circumstances employees should not incur expenses on behalf of ______________________. However, in emergencies expenses of no more than $ ____ may be incurred by employees, and will be reimbursed upon presentation of detailed receipts. In all cases, bona fide attempts must be made to reach the general manager for approval.
______________________ permits the limited hiring of relatives of current employees. Relatives include the immediate family of the employee. Generally, relatives will not be placed so that they are supervised by another relative.
______________________ will not allow any form of sexual harassment or any such conduct that has the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment.
Such conduct, when experienced or observed, should be reported immediately to the office manager or general manager. The privacy of the employee filing the report and the employee under investigation shall be respected at all times.
Any intentional sexual harassment is considered to be a major violation of company policy and will be dealt with accordingly by corrective counseling, or suspension or termination, depending upon the severity of the violation.
______________________ will provide a work environment free from all forms of sexual harassment including posters or signs. Considerate adult judgment is required and expected. All employees are expected to be sensitive to the individual rights of their co-workers.
No smoking will be allowed in the office area at any time. This policy is for the health and safety of all employees. Smoking will be permitted out of doors.
SOFTWARE USE POLICY
Unless prior approval is obtained only software, which is owned, developed by ____________________ or licensed by _______________, can be used. No personal software may be used on projects for the BBS without advance prior approval of the general manager. Prior to making such approval, the employee must provide the general manager with proof of ownership and proof of license terms permitting the use of the software for the intended purposes.
Terminations are to be treated in a confidential, professional manner by all concerned. The supervisor, department manager, and personnel department must assure thorough, consistent, and evenhanded termination procedures. This policy and its administration will be implemented in accordance with the company equal opportunity statement.
Only employees with 15 or more years of service with the company are qualified to receive sick or personal leave payout.
Employment with the company is normally terminated through one of the following actions:
1. Resignation, voluntary termination by the employee
2. Dismissal, involuntary termination for substandard performance or misconduct.
An employee desiring to terminate employment, regardless of employee classification, is expected to give as much advance notice as possible. Two weeks or 10 working days is generally considered to be sufficient notice time.
Should an employee resign to join a competitor, if there is any other conflict of interest, or if the employee refuses to reveal the circumstances of his or her resignation and the future employer, the general manager may require the employee to leave the company immediately rather than work during the notice period. This is not to be construed as a reflection upon the employee’s integrity but an action in the best interests of business practice. When immediate voluntary termination occurs for the above reasons, the employee will receive pay “in lieu of notice,” the maximum being two weeks of pay based upon a 40-hour workweek at the employee’s straight-time rate or salary.
1. Substandard Performance. An employee may be discharged if his or her performance is unacceptable. Ordinarily, the general manager shall have counseled the employee concerning performance deficiencies, provided direction for improvement, and warned the employee of possible termination if performance did not improve within a defined period of time. Documentation will prepared by the general manager shall include reason for separation, performance history, corrective efforts taken, alternatives explored, and any additional pertinent information.
2. Misconduct. An employee found to be engaged in activities such as, but not limited to, theft of company property, insubordination, conflict of interest, or any other activities showing willful disregard of company interests or policies, may be terminated in the discretion of the general manager.
’s personnel file. The employee may be provided with a written summary of the reason for termination. No salary continuance or severance pay will be allowed.
The employee will pick up his or her final payroll check from the general manager at the time of the exit interview. The final check shall include all earned pay and any expenses due the employee.
Each employee’s work schedule shall be determined by consultation with the general manager. The work schedule shall be committed to writing and a copy placed in the employee’s file. _____________________ shall be entitled to change work schedules to accommodate business needs.
Date:______ Version: ____ Approved by: _______________
Employee Manual & Employee Signature
1. Make multiple copies. The employee should receive one and one should go into their file.
2. Modify as you see fit.