Handbook Acknowledgement Receipts

Hello:

I am an HR Generalist at a engineering and manufacturing company and we are in the process of re-writing our employee handbook. I have been told by the President and a Vice President that it does not matter whether or not you have employees sign the acknowledgement form. In fact, they think it is better not to have one based on some recent law suits. They are concerned that the handbook maybe misunderstodd as a contract between the company and the employee even though we are an at-will state.

I am uncomfortable not having the employee sign that they received it, but I don't have any good hard evidence as why we should. I tried to tell them that the employees are only signing to affirm they received the book, not that they understand it, etc.


Has anyone heard of the "law suits" they are referring to? Does anyone have any hard eveidence to support my opinion?

I would really appreciate your help. Thank you.

Comments

  • 10 Comments sorted by Votes Date Added
  • I have not heard of any suits pending concerning this but in today's world you never know. I would shiver to think that I did not have a signed acknowledgment sheet from our EEs. There have been countless times that having that one little sheet of paper with a signature on it has saved UI claims. As long as you have verbiage in your handbook that it is not a contract for employment you have nothing to worry about. I would go one step farther and include that it IS the EEs responsibility to read and comply with the policies contained.

    Here is the verbiage of ours: Furthermore, I ackmowledge that this handbook is not a contract of employment and I have entered into my employment relationship with XXXXX voluntarily and acknowledge that there is no specified length of employment implied. I understand that it is my responsibility to read and comply with the policies contained in this handbook and any and all revisions made to it.
  • Thank you, Popeye. As you can tell, I am very concerned about not having the EEs sign off. I just need to get my facts straight before I agrue my point.
  • Shortly after posting the above, I received my August edition of the Tennessee Law Letter and there is an article on the last page concerning this. The court concluded that since the handbook specifically stated that it was not a contract that the appealing EE did not have a case. Thank you M. Lee Smith Publishers.
  • They also feel that if an EE signs the acknowledgment form and a policy or procedure changes from what is orginally stated in the handbook, then the EE does not have to abide by the changes because they did not sign acknowledging they received it.
  • Along with the not a contract verbage, add" This handbook is intended as a guideline and is informational only. The provisions of the handbook are not terms and conditions of employment and may be modified, revoked or changed by the company at any time with or without notice. "

    Then you are covered. If an ee doesn't like it, they can work somewhere else.

    AAHHHH, the black and white world of engineering. Good luck.
  • Nothwithstanding the contract angle of handbooks, I cannot count for you the number of hearings I have prevailed in because I produced either signed acknowledgements of receipt or witnessed refusals to sign for those. These include hearings in contract arbitration, unemployment insurance, workers compensation, family medical leave act, and a variety of EEOC hearings. I have no idea where your senior officers are coming from. Maybe they developed these beliefs on the golf course.
  • >Nothwithstanding the contract angle of
    >handbooks, I cannot count for you the number of
    >hearings I have prevailed in because I produced
    >either signed acknowledgements of receipt or
    >witnessed refusals to sign for those. These
    >include hearings in contract arbitration,
    >unemployment insurance, workers compensation,
    >family medical leave act, and a variety of EEOC
    >hearings. I have no idea where your senior
    >officers are coming from. Maybe they developed
    >these beliefs on the golf course.

    ...probably when they got to the 19th hole!

  • And if they think with this degree of 'HR Paralysis' over something so basic as acknowledgement signatures, just imagine how they'll be running every little thing in the HR world from now on.
  • We just had a lawsuit dismissed BECAUSE we HAD the SIGNED HANDBOOK ACKNOWLEDGEMENT form. x:D

  • > witnessed refusals to sign

    Don, what's the deal there? It's then a confirmation that they received the handbook and are aware/should be aware of policies?
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