Ensuring Employers Adhere To Handbook Policies
Employee handbooks are a method of instructing employees on some of their rights and obligations with their employer. In New Jersey, an employee handbook may create an employment contract. An employer must include an explicit disclaimer within the handbook stating that it does not create or constitute an employment contract.
However, if an employer describes specific procedures on handling matters like leave, sick time, scheduling or disciplinary actions, the employer may be held liable for discrimination or employment rights by violating their own employee policies.
When Employers Violate Their Own Policies
Employers must be careful when drafting these handbooks, and applying the policies in a discriminatory manner or only to some employees can give rise to liability. If an employer outlines disciplinary policies and procedures within the handbook, but does not follow those procedures, an employee may have a valid means of disputing punishment imposed.
Our experienced employment law attorneys at Selikoff & Cohen, P.A., can help you with disputes involving the interpretation or implementation of employee handbooks or other workplace policies. These are factually complex determinations and our attorneys can examine your facts and analyze your circumstances and the potential for a claim on this basis, or based on their violating some other workplace right.
As with any employment law claim, you may face a short deadline in which to file a claim. Our lawyers can explain the law and your options, including filing claims on time to avoid statutory bars.