Legal Question in Civil Litigation in California

Re: Writing Employee Handbook

Nice clause. Where do you work, Stalag 17?

What happens to the employee if you pull down his underwear and don't find anything? He or she is going to sue you, and I would not want to be your defense attorney when that case comes in the door.

Very truly yours,

Re: Writing Employee Handbook

Hello

1. The employment relationship is usually "at will" meaning that either the employee or employer can quit or be terminated for no reason at any time.

2. If AS A CONDITION OF CONTINUED EMPLOLYMENT the employer seeks to have an alcohol and drug free workplace, that is the employer's perogative.

3. Mandatory tox screens (random testing) may be a requirement of the employer.

4. Searches of personal items like cars and or handbags or even pockets can be privacy violations.

5. Searches of public areas, the employee's desk, workspace, etc. are "searchable." A private workplace locker which belongs to the employer is subject to search however.

6. Each employee MUST in writing acknowledge receipt of the handbook to protect the employer.

7. The employer should seek counsel with an attorney that is familiar with "employment relations" and the Handbook should probably be lawyer drafted inasmuch as the laws have changed considerably in the last 2-3 years and most HR personnel are not knowledgable of the laws changes.

Regards,

Mark Geyer