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 West Virginia (WV), 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 outline the company's history, mission, values, policies, procedures, and employee benefits, serving as a resource for employees to understand their workplace and reduce the need for direct inquiries to HR or management. When distributing handbooks, WV employers often require employees to acknowledge receipt to ensure that the policies have been communicated. However, it is crucial for employers to ensure that the language in the handbook does not inadvertently create a contractual agreement with employees. In WV, as in other states, employees are generally considered 'at-will,' meaning they can be terminated at any time without cause, unless an employment agreement states otherwise. To maintain this at-will status, the handbook should not contain language that implies employment is guaranteed for a certain term or can only be terminated for cause. Additionally, employers must be cautious not to include overly broad or restrictive statements that could infringe on employees' rights to engage in protected, concerted activities, such as discussing wages, working conditions, or criticisms of the employer, as these are protected under the National Labor Relations Act (NLRA).