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 South Carolina, while there is no specific state or federal law mandating that employers provide an employee handbook, it is a common practice for employers to distribute handbooks to communicate various policies and procedures. These handbooks typically cover the company's history, mission, values, policies, procedures, and details about employee benefits. They serve to answer frequently asked questions, saving time for employees and HR departments. In South Carolina, as in other states, employers may ask employees to acknowledge receipt of the handbook. However, it is crucial that the language in the handbook does not inadvertently create a contractual relationship, which could alter the at-will employment status that allows for termination without cause. Additionally, employers must ensure that the handbook does not contain provisions that would prevent employees from engaging in protected, concerted activities, such as discussing wages or other terms and conditions of employment, as these are protected under the National Labor Relations Act (NLRA).