By Craig A. Ciechanowski, Esq.

A recent Federal District Court decision has sent a strong reminder to employers that crucial employment policies need to be standalone policies and not simply included in an employee handbook which the employer reserves the right to change.

In Domenichetti v. The Salter School, LLC, a former employee brought a claim for retaliation she claimed to have suffered after requesting maternity leave under the Family and Medical Leave Act.  The employer sought to enforce an arbitration provision included in its employee handbook to block the suit.  The Court refused to enforce the provision, finding that the employer retained the unilateral right to modify the handbook without notice.

Crucial employment policies should be in standalone, separate, mutually binding agreements, which the employee must acknowledge, sign and return to the employer.

For questions about any business matters, contact Craig A. Ciechanowski, Esq. at cac@dcdclaw.com or one of the business attorneys at Doherty, Ciechanowski, Dugan & Cannon, P.C.