Although no state or federal law requires an employer to have an employee handbook, there are many policies and procedures the law does require employers to communicate to employees. Many employers use an employee handbook to describe the employer’s history, mission, values, policies, procedures, and employee benefits. A well-written employee handbook also answers many routine questions employees may have and avoids using additional time and resources of employees, the human resources (HR) department, or managers in answering those questions.
Employers often require each employee to sign a written acknowledgment of receiving the employee handbook—but must be careful not to have the handbook construed as an employment agreement, which might change the employee’s status from an at-will employee who can be fired or terminated at will to an employee who can only be fired or terminated for cause.
Employers must also be careful to avoid overly broad statements in the employee handbook that restrict the ability of employees to discuss wages and other terms and conditions of employment—including criticisms of the employer—which are known as protected, concerted activities.
In Missouri, as in other states, there is no state or federal law mandating that employers provide an employee handbook. However, employers in Missouri often create handbooks to communicate important policies and procedures, including those that are legally required to be disclosed to employees, such as equal employment opportunity policies, anti-discrimination and harassment policies, and family and medical leave entitlements under the federal Family and Medical Leave Act (FMLA) for eligible employees. Employee handbooks can also outline the employer's mission, values, and additional benefits offered to employees. Missouri employers typically ask employees to acknowledge receipt of the handbook to ensure they have access to this information. It is crucial for employers to draft the handbook carefully to maintain the at-will employment relationship, making it clear that the handbook is not an employment contract and does not alter the at-will status of the employee. Additionally, employers must avoid language that could infringe on employees' rights to engage in protected, concerted activities, such as discussing wages, benefits, and other terms and conditions of employment, as protected under the National Labor Relations Act (NLRA).