Legal Question in Business Law in Massachusetts

Generally, in Massachusetts, an employee can be held accountable for violating a workplace policy if he had reasonable notice of the policy, or if the policy is just common sense. An example of a common sense policy would be a policy against violence in the workplace, or against theft or personal consumption of business supplies or equipment. You don't need to read a specific policy to know those things are obviously wrong or illegal. Most employers choose to use written policies, in either paper handbook or electronic form, and require employees to sign an acknowledgement that they have read and understand the policies. This is generally not required, however, for the policies to apply. An employer may be able to show through witness testimony that an employee was issued a copy of the policy handbook and instructed to read it. An employer may also be able to show that all policies are available on the company's internal website and that all employees got periodic email reminders to read and review all policies. Any method of posting or distribution of new policies that gives employees reasonable notice of the policies and a reasonable opportunity to comply with them will generally be sufficient to hold employees accountable. Your personal awareness of the policies in question, or the company's uniform enforcement of those policies is more of an issue in an unemployment benefits hearing than in a wrongful termination lawsuit. If you are an at-will employee, you will likely have fewer rights to contest a termination or discipline based on a policy violation than you might if you were a union employee with a strong collective bargaining agreement. Your legal options really depend on your situation.

An employee can be held responsible for a workplace policy if he or she is aware of it or should be aware of it as a result of notices provided by the employer. Posting of policies on a company board is premissable. Assuming you are an employee at will your rights are more limited.

Depending on the policy and its violation, it is not a requirement that you sign a document acknowleding the notice of the policy.