Most large employers have employee handbooks, those set of policies that explain things like vacation and sick leave, discipline, etc. Employers will often describe how they are “binding” and must be followed. But, legally, they are not binding, at all. They look thorough and professional and provide some comfort to employees in an uncertain world.
Description as a “Liability” Could Constitute Direct Evidence
Alan Demyanovich worked for 20 years for Cadon Plating & Coating, which applies coatings in the automobile industry. Mr. Demyanovich developed heart problems in 1999, but returned to work and worked another ten years. In 2009, his heart condition worsened. He took substantial time off. In February, 2010, he again asked for FMLA leave. His
Handbooks are Usually Not Binding on the Employer
All the big employers have them: employee handbooks. They love their handbooks. Human Resource departments spend so much time and money putting them together. So, of course, many employees come see me and first thing they say is the Employer did not follow their own policy. The employee says it like that simple fact should
Fifth Circuit Overrules Arbitration Agreement
In Carey v. 24 Hour Fitness, USA, Inc., No. 10-20945, (5th Cir. 1/25/12),we have another caes regarding an arbitration clause in an employee handbook. But, this time, the court of appeals found that the arbitration clause was not binding. The cause prohibited entering into any class actions based on the Fair Labor Standards act. The employee
Embezzlement Conviction Overturned
The matter has been litigated for a month. Criminal defense lawyers and others would gather and watch the motion for new trial filed in the case of Kathleen Pierce. She was convicted of embezzlement last January. But, her lawyer challenged the District Attorney’s unheard of warrant served during the trial. The DA believed that Ms.
Reference to Arbitration Policy Found Not Binding
In a recent decision, the US Sixth Circuit Court of Appeals found that an arbitration policy referenced in an employee handbook was not binding on the employee. In Hergenreder v. Bickford Senior Living Group, LLC, No. 10-1474 (6th Cir. 6/8/2011), the employee was a nurse who suffered from cancer shortly after starting to work for
Employee Handbooks are not Binding
Employee handbooks are not binding on a Texas employer. The typical employee handbook says the employer will not fire someone until that person has been verbally warned, and then warned in writing a few times. Or, the handbook may say that an employee will not be demoted or fired without a good reason. Once upon
Officer Appeals His 17th Suspension
In most private sector jobs, if you were suspended 17 times by your employer, you would be out of a job. But, Officer Lee Rakun is still appealing his latest suspension from the San Antonio Police Department. See San Antonio Express-News story. In fact, Officer Rakun received his first suspension within a year of
Binding Arbitration is Appealed to the Texas Supreme Court
Employee handbooks are not enforceable. They have not been enforceable since the early 1990’s. In the early 1990’s, after a few court decisions, Texas employers realized they had to include a disclaimer in each handbook stating that the 
handbook is not a contract. Employers wanted employe handbooks to not bind the employers. Much of what
Social Media Policies Guidelines
Many employers need to develop and fine tune their social media policies. See several sets of policies and guidelines at this website from Delaware Employment Law. Connecticut Employment Lawyer presents some helpful guidelines at this post.