EMPLOYEE HANDBOOK

of

[COMPANY LEGAL NAME], a [State] [Corporation/Limited Liability Company/Partnership]
(“Company”)

Effective Date: [EFFECTIVE DATE]
Governing Law: State of North Carolina (“NC”)
Primary Worksite(s): [CITY/COUNTY], North Carolina

TABLE OF CONTENTS

1. Document Header
2. Definitions
3. Operative Provisions
4. Representations & Warranties
5. Covenants & Restrictions
6. Default & Remedies
7. Risk Allocation
8. Dispute Resolution
9. General Provisions
10. Execution Block

1. DOCUMENT HEADER

1.1 Recitals

A. The Company desires to set forth the policies, procedures, and working conditions that will apply to each employee (“Employee”) working in or assigned to North Carolina.
B. This Handbook is provided as consideration for Employee’s access to employment and related benefits.
C. Nothing in this Handbook shall be construed to create a contract of employment or to alter the at-will relationship recognized under North Carolina law.

[// GUIDANCE: Insert any subsidiary or affiliate references here if policies extend to multiple employing entities.]

2. DEFINITIONS

Unless the context requires otherwise, capitalized terms have the meanings set forth below and apply throughout this Handbook.

“Applicable Law” – Any federal, state, or local statute, regulation, ordinance, or common-law rule governing the employment relationship, including without limitation the North Carolina Wage and Hour Act (“Wage and Hour Act”), the Retaliatory Employment Discrimination Act (“REDA”), and federal laws such as the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”).

“At-Will Employment” – The employment relationship that may be terminated by either the Company or the Employee at any time, with or without cause and with or without advance notice, except as otherwise limited by Applicable Law.

“Confidential Information” – All non-public business information belonging to or licensed to the Company, whether in tangible or intangible form.

“Disciplinary Action” – Any corrective measure, up to and including immediate termination of employment, taken for violation of Company policy or Applicable Law.

“Protected Activity” – Filing a complaint, participating in an investigation, or otherwise exercising a right under Applicable Law, including rights under the Wage and Hour Act, REDA, OSHA, and similar statutes.

[// GUIDANCE: Add or delete defined terms to align with Company-specific jargon.]

3. OPERATIVE PROVISIONS

3.1 At-Will Employment Statement

1. Employment with the Company is at-will.
2. Only a written agreement signed by the [CEO/President] and the Employee may modify this at-will status.

3.2 Equal Employment Opportunity & Anti-Discrimination

1. The Company prohibits discrimination or harassment based on any protected characteristic recognized under Applicable Law, including race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, genetic information, marital status, military status, or any other status protected by NC or federal law.
2. Employees engaging in Protected Activity are shielded from retaliation. Suspected violations must be reported pursuant to Section 5.5 (Complaint Procedure).

3.3 Wage & Hour Compliance (North Carolina)

1. Minimum Wage & Overtime
   a. The Company will pay at least the greater of the federal or NC minimum wage.
   b. Non-exempt Employees will receive overtime compensation at one-and-one-half times their regular rate for all hours worked over 40 in a workweek.
2. Payday & Deductions
   a. Regular paydays occur on [DATE OR FREQUENCY] consistent with NC law.
   b. Lawful deductions (e.g., taxes, benefits premiums, court-ordered garnishments) will be itemized on each pay statement.
   c. No deduction for loss, shortage, or damage will be made without Employee’s written, revocable authorization as required by NC Admin Code.
3. Timekeeping
   Accurate time records must be maintained by the Employee through the Company’s approved system. Alterations, falsifications, or omissions may result in Disciplinary Action.

3.4 Leave & Time Off

1. Paid Time Off (“PTO”) – Accrues at [RATE] and is governed by the PTO Policy Appendix A.
2. Family & Medical Leave – Eligible Employees (per FMLA) may take up to 12 workweeks of unpaid, job-protected leave.
3. NC School Volunteer Leave – Up to 4 hours per year of unpaid leave for parents, guardians, or persons standing in loco parentis to attend school activities.
4. Jury Duty & Witness Leave – Job-protected unpaid leave for service; Employees may elect to use accrued PTO.
5. Military Leave – Provided consistent with USERRA and NC law.
6. Domestic Violence-Related Leave – Reasonable unpaid leave to obtain orders of protection or attend court proceedings, in compliance with REDA.
7. Other Leaves – [Insert any Company-specific paid parental leave, bereavement, or sabbatical programs.]

3.5 Employee Classification & Work Schedules

1. Employees are classified as Exempt or Non-Exempt under the FLSA; misclassification concerns should be raised under Section 5.5.
2. Standard work schedules are [HOURS]; overtime requires prior written approval.

3.6 Benefits Overview

1. Eligibility and terms of health, retirement, and ancillary benefits are detailed in the Summary Plan Descriptions (“SPDs”), which control in the event of conflict.
2. The Company reserves the right to amend or terminate any benefit plan, subject to Applicable Law.

3.7 Standards of Conduct

1. Employees must maintain professional behavior, honesty, and respect for others.
2. Prohibited conduct includes violence, threats, possession of weapons on Company premises (except as permitted by NC law regarding locked vehicles), theft, substance abuse, and misuse of Company property.
3. Refer to Appendix B for the complete Code of Conduct.

3.8 Health & Safety

1. The Company complies with OSHA and the NC Occupational Safety and Health Act.
2. Employees must immediately report workplace injuries, hazards, or unsafe conditions.

3.9 Confidentiality & Data Security

1. Employees must safeguard Confidential Information and comply with the Information Security Policy (Appendix C).
2. Obligations survive termination of employment.

[// GUIDANCE: Tailor Sections 3.6–3.9 to reflect actual Company policies and sector-specific regulatory requirements.]

4. REPRESENTATIONS & WARRANTIES

4.1 Employee Representations

1. Employee represents that information provided during hiring is true and complete.
2. Employee warrants having reviewed, understood, and agreed to comply with this Handbook and all referenced policies.

4.2 Company Representations

1. The Company represents that it will comply in good faith with Applicable Law and maintain legally mandated records.
2. The Company makes no further warranties, express or implied, regarding continued employment, benefits, or compensation beyond what is required by Applicable Law.

4.3 Survival

Sections 3.9, 4, 6, 7, 8, and 9 survive termination of employment.

5. COVENANTS & RESTRICTIONS

5.1 Employee Covenants

1. To comply with all lawful directives and performance standards.
2. To avoid conflicts of interest and disclose any potential conflicts in writing.
3. To return all Company property immediately upon termination.

5.2 Non-Solicitation & Non-Competition

[OPTIONAL – insert enforceable restrictions compliant with N.C. Gen. Stat. § 75-4 et seq. Consider adequacy of consideration and geographic/durational scope.]

5.3 Intellectual Property

Works made within the scope of employment are “works made for hire” and the exclusive property of the Company.

5.4 Alcohol & Drug-Free Workplace

The Company maintains a zero-tolerance policy consistent with DOT and NC laws.

5.5 Complaint Procedure

Employees may report concerns to any supervisor, Human Resources, or via the anonymous ethics hotline at [PHONE/WEB]. Retaliation is strictly prohibited.

6. DEFAULT & REMEDIES

6.1 Events of Default

1. Material breach of Company policy.
2. Violation of Applicable Law while acting within the scope of employment.
3. Unauthorized disclosure of Confidential Information.

6.2 Disciplinary Process

1. Verbal Warning
2. Written Warning
3. Final Written Warning/Suspension
4. Termination
   [// GUIDANCE: The Company may bypass steps depending on severity.]

6.3 Remedies

1. Termination of employment.
2. Restitution or recovery of monetary losses.
3. Equitable relief, subject to Section 8.4 (Injunctive Relief).

6.4 Attorneys’ Fees

In any action to enforce post-employment obligations, the prevailing party is entitled to reasonable attorneys’ fees and costs as permitted under NC law.

7. RISK ALLOCATION

7.1 Indemnification

1. Employee shall indemnify and hold harmless the Company, its officers, directors, and agents from and against any Losses arising out of Employee’s gross negligence, willful misconduct, or violation of Applicable Law within the scope of employment.
2. The Company shall indemnify Employee against Losses arising from acts performed within the course and scope of employment, excluding those resulting from gross negligence or willful misconduct of Employee, and subject to statutory limitations.

7.2 Limitation of Liability

Except as otherwise required by the North Carolina Workers’ Compensation Act or other non-waivable statutes, the Company’s aggregate liability to Employee for claims arising out of employment shall not exceed the amounts expressly mandated by Applicable Law.

7.3 Insurance

The Company maintains workers’ compensation, general liability, and EPLI (Employment Practices Liability Insurance) in compliance with Applicable Law.

7.4 Force Majeure

Performance under this Handbook may be suspended for the duration of any event outside the reasonable control of the affected party, including natural disasters, acts of war, epidemic, pandemic, governmental orders, or utility failures.

8. DISPUTE RESOLUTION

8.1 Governing Law

This Handbook is governed by the laws of the State of North Carolina, without regard to conflict-of-law principles.

8.2 Forum Selection

Exclusive jurisdiction and venue for permitted civil actions shall lie in the state courts of competent jurisdiction located in [COUNTY], North Carolina.

8.3 Arbitration (Optional)

[SELECT ONE]
☐ 8.3.1 The Company and Employee agree to submit all covered claims to final and binding arbitration pursuant to the Federal Arbitration Act (“FAA”) and the Employment Arbitration Rules of the American Arbitration Association.
☐ 8.3.2 The Company does not require arbitration; claims may proceed in accordance with Section 8.2.

[// GUIDANCE: Remove the unused checkbox prior to issuance.]

8.4 Jury Waiver

Nothing herein shall be construed to waive any constitutional right to a jury trial under North Carolina law. If arbitration is elected under Section 8.3, the parties acknowledge that arbitration serves as an alternative dispute mechanism.

8.5 Injunctive Relief

The parties recognize that certain breaches (e.g., unauthorized disclosure of Confidential Information) may cause irreparable harm. Injunctive relief is available only to the limited extent necessary to prevent or remedy such harm.

9. GENERAL PROVISIONS

9.1 Amendment & Waiver

The Company may amend this Handbook at any time. No waiver of any provision shall be effective unless in writing and signed by an authorized Company representative.

9.2 Assignment

Employee may not assign any rights or delegate any obligations under this Handbook. The Company may assign to a successor entity.

9.3 Severability

If any provision is held unenforceable, the remainder shall remain in full force, and the offending provision reformed to the minimum extent necessary to be enforceable.

9.4 Integration

This Handbook, together with referenced appendices and executed acknowledgements, constitutes the entire understanding regarding the subjects addressed and supersedes all prior oral or written statements.

9.5 Counterparts & Electronic Signatures

This Handbook and acknowledgements may be executed in counterparts, and electronic signatures shall be deemed originals.

10. EXECUTION BLOCK

10.1 Company Signature

[AUTHORIZED SIGNATORY NAME]
[Title]
Date: _______

10.2 Employee Acknowledgement

I, [EMPLOYEE NAME], acknowledge that I have received, reviewed, and agree to comply with the Company’s Employee Handbook effective on the date listed below. I understand that this Handbook does not create a contract of employment and that my employment is at-will.

Employee Signature: ____
Date: ____

[// GUIDANCE: North Carolina does not require notarization or witness signatures for employee handbooks; include additional execution formalities only if mandated by Company policy.]

APPENDICES (Customizable)

• Appendix A – PTO Policy
• Appendix B – Code of Conduct
• Appendix C – Information Security Policy
• Appendix D – Employment Arbitration Agreement (if Section 8.3.1 selected)

[// GUIDANCE: Attach or hyperlink full-length policies to maintain Handbook brevity while ensuring comprehensive compliance.]