EMPLOYEE HANDBOOK
For [COMPANY NAME]
Effective Date: [MM/DD/YYYY]
Jurisdiction/Governing Law: State of Tennessee (“TN”)
[// GUIDANCE: This template is drafted to comply with Federal law and Tennessee‐specific statutory requirements current as of the date of drafting. It is intended for immediate customization and legal review. Bracketed text indicates user input fields. Comments beginning with “// GUIDANCE:” are for attorney/HR personnel and should be removed in the final employee-facing version.]
TABLE OF CONTENTS
- Document Header & At-Will Statement
- Definitions
- Operative Provisions (Employment Policies)
3.1 Equal Employment Opportunity & Anti-Discrimination
3.2 Wage & Hour Compliance
3.3 Leave & Time-Off Policies
3.4 Benefits Overview
3.5 Standards of Conduct
3.6 Workplace Safety, Health & Security
3.7 Use of Company Property & Technology
3.8 Confidentiality & Intellectual Property - Representations & Warranties
- Covenants & Restrictions
- Default, Discipline & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Acknowledgment & Execution
1. DOCUMENT HEADER & AT-WILL STATEMENT
1.1 Purpose. This Employee Handbook (the “Handbook”) sets forth the general employment policies, procedures, benefits, and working conditions applicable to employees of [COMPANY NAME], a [State of Incorporation] [corporation/LLC/etc.] (the “Company”).
1.2 Non-Contractual Nature. Nothing in this Handbook creates an express or implied contract, guaranty of employment, or promise of specific treatment in specific situations. Employment with the Company is “at-will,” meaning that either the Company or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject only to applicable law.
1.3 Supersession. This Handbook supersedes all prior employee manuals, policies, or verbal statements on the subjects addressed herein as of the Effective Date.
1.4 Reservation of Rights. The Company reserves the right to amend, revoke, or replace any policy at its sole discretion, consistent with applicable law.
2. DEFINITIONS
For purposes of this Handbook, capitalized terms have the meanings set forth below.
“Company IP” – All inventions, trade secrets, confidential information, copyrights, trademarks, patents, and other intellectual property created or used in connection with Company business.
“Eligible Employee” – An Employee who meets all statutory and Company-specific criteria for a particular benefit or leave.
“FLSA” – The Fair Labor Standards Act, 29 U.S.C. § 201 et seq.
“Handbook” – This Employee Handbook, as amended from time to time.
“Protected Class” – A classification protected under federal or Tennessee anti-discrimination law, including race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40+), disability, creed, and any other category recognized by law.
“TN Parental Leave Act” – Tennessee’s four-month job-protected leave statute applicable to adoption, pregnancy, childbirth, and nursing.
[Add additional defined terms as needed.]
3. OPERATIVE PROVISIONS (EMPLOYMENT POLICIES)
3.1 Equal Employment Opportunity & Anti-Discrimination
a. Policy Statement. The Company prohibits discrimination, harassment, or retaliation against any Employee or applicant based on membership in a Protected Class or for engaging in legally protected activity.
b. Reasonable Accommodation. The Company will provide reasonable accommodation for qualified disabilities, pregnancy, childbirth or related medical conditions, and sincerely held religious beliefs, unless doing so imposes an undue hardship.
c. Reporting & Investigation. Employees must promptly report suspected violations to [HR CONTACT/ETHICS HOTLINE]. Complaints will be investigated promptly and impartially.
[// GUIDANCE: Incorporate mandatory training and posting requirements under TN Human Rights Act and Title VII.]
3.2 Wage & Hour Compliance
a. Classification. Employees are classified as “Exempt” or “Non-Exempt” under the FLSA and equivalent Tennessee wage laws.
b. Pay Periods. Employees are paid [weekly/bi-weekly/semi-monthly] in compliance with Tennessee’s Wage Regulations, which require pay at least twice per month.
c. Work Hours & Overtime.
i. Standard Workweek: [e.g., Sunday 00:00 – Saturday 23:59]
ii. Overtime Compensation: Non-Exempt Employees receive one-and-one-half times regular pay for hours worked in excess of 40 per workweek.
iii. Advance Approval: All overtime must receive prior written approval from [SUPERVISOR/HUMAN RESOURCES].
d. Meal & Rest Breaks. Employees scheduled to work six (6) or more consecutive hours receive an unpaid, duty-free 30-minute meal break, typically scheduled between the second and fifth hours of work, unless operational exigencies apply. Nursing employees may take reasonable unpaid breaks to express breast milk.
e. Timekeeping. Employees must accurately record all worked hours through [TIMEKEEPING SYSTEM]. Alteration or falsification of time records is grounds for discipline.
f. Final Pay. Upon separation, final wages will be issued no later than the next regular payday or within 21 days, whichever occurs later, in accordance with Tennessee law.
3.3 Leave & Time-Off Policies
a. Paid Time Off (PTO). Employees accrue PTO at a rate of [X] hours per [pay period/year], up to a maximum bank of [Y] hours. PTO combines vacation and sick time unless otherwise specified.
b. Holidays. The Company recognizes the following paid holidays: [LIST].
c. Tennessee Parental Leave (Four-Month Leave). Eligible Employees are entitled to up to four (4) months unpaid leave for adoption, pregnancy, childbirth, and nursing, with reinstatement to the same or comparable position. Employees must provide at least three (3) months’ advance written notice where practicable.
d. Family & Medical Leave Act (FMLA). Eligible Employees are entitled to up to twelve (12) weeks unpaid, job-protected leave within a twelve-month period for qualifying reasons. Benefits and obligations under FMLA run concurrently with any other leave where permitted by law.
e. Jury Duty. Employees will be granted excused, unpaid leave for jury service. Exempt Employees will be paid in accordance with the FLSA salary-basis test.
f. Voting Leave. If an Employee lacks three (3) consecutive non-working hours to vote while polls are open, the Company will grant up to three (3) hours paid leave, provided at least two (2) days’ advance notice is given.
g. Military Leave. The Company complies with USERRA and applicable Tennessee statutes protecting members of the U.S. Armed Forces and Tennessee State Guard.
h. Emergency Responder Leave. Volunteer firefighters, rescue squad members, or emergency medical technicians will not be disciplined for absence resulting from a response to an emergency if timely notice is provided.
i. Bereavement Leave. Employees are eligible for [X] days of paid bereavement leave for the death of an immediate family member.
[// GUIDANCE: Add any employer-specific paid leave programs (e.g., paid parental leave) here.]
3.4 Benefits Overview
a. Health Insurance. Eligible Employees may enroll in Company-sponsored medical, dental, and vision plans within [30] days of hire.
b. Retirement. The Company offers a [401(k)/SIMPLE IRA] plan with [matching/non-matching] contributions.
c. Workers’ Compensation. Employees are covered from their first day of employment for work-related injuries or illnesses, consistent with the Tennessee Workers’ Compensation Act.
d. COBRA/State Continuation. Continuation of coverage options will be provided where required by law.
3.5 Standards of Conduct
a. General Expectations. Employees are expected to perform their duties ethically, diligently, and in compliance with Company policies.
b. Prohibited Conduct includes, but is not limited to:
• Theft, fraud, or dishonesty
• Harassment or discrimination
• Possession or use of illegal drugs or alcohol on Company premises
• Workplace violence, threats, or intimidation
• Unauthorized disclosure of Confidential Information
c. Drug-Free Workplace. The Company maintains a drug-free workplace and may conduct pre-employment and/or reasonable-suspicion testing consistent with Tennessee’s Drug-Free Workplace Program.
d. Smoking & Vaping. Smoking and vaping are prohibited in Company facilities and vehicles, in compliance with the Tennessee Non-Smoker Protection Act.
3.6 Workplace Safety, Health & Security
a. TN OSHA Compliance. Employees must follow all safety rules, wear required protective equipment, and report hazards immediately.
b. Accident Reporting. All workplace injuries, regardless of severity, must be reported to [SUPERVISOR/SAFETY OFFICER] within 24 hours.
c. Emergency Procedures. Evacuation routes and emergency contacts are posted in prominent locations. Regular drills will be conducted.
3.7 Use of Company Property & Technology
a. Company Property. All equipment, supplies, and facilities are for legitimate business use. Employees must exercise reasonable care and return property upon request.
b. Electronic Communications. Company systems (email, internet, phones) are Company property. Employees have no expectation of privacy, and all usage may be monitored subject to applicable law.
c. Passwords & Information Security. Employees must keep credentials confidential and comply with data protection protocols, including prompt reporting of any suspected data breach.
3.8 Confidentiality & Intellectual Property
a. Confidential Information. Employees shall not disclose or misuse Confidential Information during or after employment.
b. Work Made for Hire. To the fullest extent permitted by law, all intellectual property created within the scope of employment is Company IP.
c. Limited Injunctive Relief. Employee acknowledges that breach of this Section 3.8 would cause irreparable harm, and the Company may seek temporary or preliminary injunctive relief to protect Confidential Information and Company IP, subject to the limitations in Section 8.3.
4. REPRESENTATIONS & WARRANTIES
4.1 Employee Representations. Employee represents that:
a. Employee is not bound by any agreement that would prevent full performance of duties.
b. Information provided during hiring is accurate and complete.
4.2 Company Disclaimer. Except as expressly provided by applicable law or written benefit plan documents, the Company makes no warranties as to continued employment or particular compensation levels.
5. COVENANTS & RESTRICTIONS
5.1 Compliance Covenant. Employee shall comply with all applicable federal, state, and local laws, regulations, and ordinances.
5.2 Conflict of Interest. Employees must avoid activities that conflict with Company interests and must disclose any potential conflict in writing.
5.3 Outside Employment. Employees may not engage in outside employment that interferes with their Company responsibilities or creates a conflict of interest.
5.4 Non-Solicitation. For a period of [X] months following termination, Employee shall not, directly or indirectly, solicit Company employees to leave employment.
[// GUIDANCE: Tennessee law disfavors broad non-compete restrictions. Narrowly tailor any non-compete clauses or omit entirely.]
6. DEFAULT, DISCIPLINE & REMEDIES
6.1 Progressive Discipline. At the Company’s discretion, disciplinary steps may include verbal warning, written warning, suspension, and termination. The Company reserves the right to bypass steps based on the severity of the offense.
6.2 Grounds for Immediate Termination include, but are not limited to, gross misconduct, willful breach of confidentiality, or violent behavior.
6.3 Right to Cure. Where legally required, the Company will provide the Employee a reasonable opportunity to cure performance deficiencies prior to termination.
6.4 Final Pay & Deductions. The Company may deduct from final pay any lawful deductions, including unreturned property or outstanding advances, with Employee’s written authorization where required.
7. RISK ALLOCATION
7.1 Indemnification by Employee. To the extent permitted by law, Employee shall indemnify and hold the Company harmless against losses arising from Employee’s fraud, willful misconduct, or gross negligence.
7.2 Limitation of Company Liability. Company liability to Employee is limited to remedies expressly provided by statute (including workers’ compensation and unemployment benefits) and cannot exceed such statutory limits.
7.3 Insurance. The Company maintains insurance policies as required by law; Employees are encouraged to maintain personal insurance as appropriate.
8. DISPUTE RESOLUTION
8.1 Governing Law. This Handbook and any dispute arising from employment with the Company are governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles.
8.2 Forum Selection. Subject to Section 8.3, the state or federal courts located in [COUNTY], Tennessee shall have exclusive jurisdiction over disputes not otherwise resolved.
8.3 Arbitration (Optional). [CHECK ONE]
☐ Included – Claims not resolved internally shall be submitted to binding arbitration under the Federal Arbitration Act and the Employment Arbitration Rules of the American Arbitration Association (“AAA”). Each party bears its own attorneys’ fees unless otherwise provided by statute.
☐ Excluded – Arbitration is not required; disputes proceed in court as per Section 8.2.
[// GUIDANCE: The U.S. Supreme Court upholds mandatory employment arbitration under the FAA. Ensure clear, conspicuous acknowledgement if selected.]
8.4 Jury Waiver. No jury waiver is imposed; Employees retain their constitutional right to a jury trial in accordance with Tennessee law.
8.5 Equitable Relief. Any injunctive remedy sought to protect Confidential Information or Company IP shall be narrowly tailored to the minimum relief necessary and shall not waive the Employee’s right to contest such relief.
9. GENERAL PROVISIONS
9.1 Amendment & Waiver. Only a writing signed by the Company’s [TITLE, e.g., CEO or HR Director] may modify this Handbook. Failure to enforce any provision is not a waiver of future enforcement.
9.2 Assignment. Employee may not assign any rights or delegate any duties without prior written consent of the Company. The Company may assign its rights and obligations to a successor entity.
9.3 Severability. If any provision of this Handbook is held unenforceable, the remainder shall remain in full force, and the invalid provision shall be reformed to the minimum extent necessary to comply with law.
9.4 Integration. This Handbook constitutes the complete statement of employment policies and supersedes all prior understandings, except for separate, specific agreements (e.g., stock option plans, confidentiality agreements) that expressly survive.
9.5 Electronic Signatures. Electronic acknowledgments and signatures have the same force and effect as original signatures under the federal E-SIGN Act and the Tennessee Uniform Electronic Transactions Act.
10. ACKNOWLEDGMENT & EXECUTION
I acknowledge that I have received, read, and understand the [COMPANY NAME] Employee Handbook revised as of the Effective Date indicated above. I understand that this Handbook does not constitute a contract of employment and that my employment is at-will. I agree to comply with the policies and procedures contained herein.
| Employee Name (Print) | Signature | Date |
|---|---|---|
| Authorized Company Representative | Title | Date |
|---|---|---|
[// GUIDANCE: Retain original signed acknowledgment in the personnel file for the duration mandated by TN record-keeping requirements (generally at least three years post-termination).]
End of Handbook