Badger Swim Club Employee Handbook
119 Rockland Ave, Larchmont, NY 10538
Effective: January 1, 2017
Welcome to Badger Swim Club!
We’re very happy to welcome each employee to our organization. Thanks for joining us! Badger would like our employees to feel that their association with the organization will be a mutually beneficial and a pleasant one. Our employees are joining an organization that has established an outstanding reputation for quality products and services. Credit for this goes to every one of our employees. We hope every employee too, will find satisfaction and take pride in their work here.
Background / History
Badger Swim Club was founded as an extension of Badger Sports Club, which is a summer day camp featuring a learn to swim component. Founders Jack and Ruth Collins founded Badger Sports Club in 1945 at 119 Rockland Ave, Larchmont, NY and Badger Day Camp was born. Since then, the Collins family has been running the day camp and have continued the founding philosophy of offering a wide variety of quality programs for kids, in a fun and safe environment, for over 60 years! In the 1950’s Jack began operating a competitive swim team out of the Badger pool. It wasn’t long before his son, John Collins, was making waves and breaking American records. John went on to become the head coach of the Badger Swim Club turning out countless National Champions, World record holders and five Olympians. The success of the Badger Swim club is unprecedented and of which the organization and its constituents are proud. Our goal is to continue to expand the Badger Swim team achievements.
Badger Swim club is a 501c-3 non-profit organization.
This Employee Handbook is presented as a matter of information and has been prepared to inform employees about the Company’s philosophy, employment practices, policies and the benefits provided to our valued employees, as well as the conduct expected from them. While this handbook is not intended to be a book of rules and regulations, it does include some important guidelines about which employees should know. Except for the at-will employment provisions, the Handbook can be amended at any time. This Employee Handbook will not answer every question employees may have, nor would the Company want to restrict the normal question and answer interchange among us. It is in our person-to-person conversations that we can better know each other, express our views, and work together in a harmonious relationship. We hope this guide will help employees feel comfortable with us. The Company depends on its employees – their success is our success. Please don’t hesitate to ask questions. Every manager will gladly answer them. We believe employees will enjoy their work and their fellow employees here. We also believe that employees will find the Company a good place to work.
No one other than authorized management may alter or modify any of the policies in this Employee Handbook. No statement or promise by a supervisor, manager or designee is to be interpreted as a change in policy, nor will it constitute an agreement with an employee.
Should any provision in this Employee Handbook be found to be unenforceable and invalid, such a finding does not invalidate the entire Employee Handbook, but only the subject provision. Nothing in this handbook is intended to infringe upon employee rights under Section Seven (7) of the National Labor Relations Act (NLRA).
We ask that employees read this guide carefully, become familiar with the Company and our policies, and refer to it whenever questions arise.
It is the established policy of Badger Swim Club(the “Company”), to provide equal employment opportunities to all qualified persons and to administer all aspects and conditions of employment without regard to race, religion, color, sex, gender, sexual orientation, pregnancy, age, national origin, ancestry, physical or mental disability, severe/morbid obesity, medical condition, military or veteran status, genetic information, marital status, ethnicity, alienage or any other protected classification, in accordance with applicable federal, state, and local laws. The Company takes allegations of discrimination, intimidation, harassment and retaliation very seriously and will promptly conduct an investigation when warranted. Equal employment opportunity includes, but is not limited to, employment, training, promotion, demotion, transfer, leaves of absence and termination.
Prior to making an offer of employment, the Company may conduct a job-related background check. A comprehensive background check may consist of prior employment verification, professional reference checks, education confirmation and / or criminal record and credit checks. Third-party services may be hired to perform these checks.
The contents of the Employee Handbook are presented as a matter of information. While this Handbook is not intended to be a book of rules and regulations, it does include some important guidelines, which employees should know. Except for the at-will employment provisions, the Handbook can be amended at any time. The Handbook, the plans, policies and procedures described herein and the language used herein, are not intended to create, or is it to be construed to constitute a contract between the Company and any or all of its employees. Likewise, neither is this Employee Handbook, the plans, policies and procedures described herein, nor the language used herein, intended to be or is, a guarantee or promise of employment or continuing employment.
Employees are not hired for any definite or specified period of time even though employee wages are paid regularly. Employees are at-will with the Company and their employment can be terminated at any time, with or without cause and with or without prior notice. Company policy requires all employees to be hired at-will and this policy cannot be changed by any oral modifications. There have been no implied or verbal agreements or promises to an employee that they will be discharged only under certain circumstances or after certain procedures are followed. There is no implied employment contract created by this Handbook or any other Company document or written or verbal statement or policy.
Immigration Law Compliance
All individuals hired by the Company will be required to establish and certify their identity and right to work in the United States. Each individual employed by the Company will be required to produce, within three (3) days, proof of his/her identity and eligibility to work in the United States. Each individual hired by the Company will be required to certify on the appropriate Form I-9 his / her identity and right to work in the United States.
The Company will maintain various employment files while individuals remain an employee of the Company. Examples of these files are: employee personnel files, attendance files, I-9 file and files for medical purposes. If any changes with respect to personal information, such as a change in home address and telephone number or a change of name occur, employees are required to notify their supervisor or manager so the appropriate updates can be made to the files.
Employee files have restricted access. Employees, their supervisor or manager, or their designated agents, may have access to those personnel files. In the event that an employee wishes to review his/her personnel file, he/she must do so in the presence of a supervisor or manager. Employees may review their personnel file by making a written request to their supervisor or manager. The written request will become a permanent part of the personnel file.
The Company makes strict provision regarding information provided to people outside the Company for current and former employees. This information is restricted to the employment dates and positions held in the Company for that person. This is done to protect the Company and its employees. This information will only be released by authorized management.
Employment of Relatives
The Company does not have a general prohibition against hiring relatives. However, a few restrictions have been established to help prevent problems of safety, security, supervision and morale.
While the Company will accept and consider applications for employment from relatives, close family members such as parents, grandparents, children, spouses, brothers and sisters, or in-laws, generally may not be hired into positions where they have access to sensitive information regarding a close family member, or, if there is an actual or apparent conflict of interest.
Conduct and Behavior
Orderly and efficient operation of the Company requires that employees maintain proper standards of conduct and observe certain procedures. These guidelines are provided for informational purposes only and are not intended to be all-inclusive. Nothing herein is intended or shall be construed to change or replace, in any manner, the “at-will” employment relationship between the Company and the employee. The Company views the following as inappropriate behavior:
- Negligence, carelessness or inconsiderate treatment of Swim Families and / or their matters / files.
- Theft, misappropriation or unauthorized possession or use of property, documents, records or funds belonging to the Company, or any client or employee; removal of same from Company premises without authorization.
- Divulging confidential information, of any kind, to any unauthorized person(s) or without an official need to know.
- Obtaining unauthorized confidential information pertaining to clients or employees.
- Changing or falsifying client records, Company records, personnel or pay records, including time sheets without authorization.
- Willfully or carelessly damaging, defacing or mishandling property of a client, the Company or other employees.
- Taking or giving bribes of any nature, or anything of value, as an inducement to obtain special treatment, to provide confidential information or to obtain a position. Acceptance of any gratuities or gifts must be reported to a supervisor or manager.
- Entering Company premises without authorization.
- Willfully or carelessly violating security, safety, or fire prevention equipment or regulations.
- Unauthorized use of a personal vehicle for Company business.
- Rude, discourteous or un-business-like behavior; creating a disturbance on Company premises or creating discord with clients or fellow employees; use of abusive language.
- Insubordination or refusing to follow instructions from a supervisor or manager; refusal or unwillingness to accept a job assignment or to perform job requirements.
- Failure to observe scheduled work hours, failure to contact a supervisor or manager in the event of illness or any absence within sixty (60) minutes of the scheduled start of work; failure to report to work when scheduled; unauthorized or excessive use of sick leave or any other leave of absence.
- Leaving the permises during scheduled work hours without permission; unauthorized absence from assigned work area during regularly scheduled work hours.
- Sleeping or loitering during regular working hours.
- Recording time for another employee or having time recorded to or by another employee.
- Use or possession of intoxicating beverages or illegal use or possession of narcotics, marijuana or drugs (under state, federal or local laws), on Company premises during working hours or reporting to work under the influence of intoxicants or drugs so as to interfere with job performance, or having any detectable amounts of drugs in an employee’s system.
- Unauthorized possession of a weapon on Company premises.
- Gambling on Company premises.
- Soliciting, collecting money, vending, and posting or distributing bills or pamphlets on Company property. These activities are closely controlled in order to prevent disruption of Company services and to avoid unauthorized implication of Company sponsorship or approval. However, this general rule is not intended to hinder or in any way curtail the rights of free speech or free expression of ideas. Therefore, such activity by employees during non-working time, including meal and rest periods, is not restricted so long as such activity does not interfere with the orderly and regular conduct of the Company business, is lawful, in good taste, conducted in an orderly manner, and does not create safety hazards or violate general good housekeeping practices. Any person who is not an employee of the Company is prohibited from any and all forms of solicitation, collecting money, vending, and posting or distributing bills or pamphlets on Company property at all times.
- Falsification of one’s employment application, medical or employment history.
- Illegal or un-business-like conduct, on or off Company premises, which adversely affects the Company services, property, reputation or goodwill in the community, or interferes with work.
The Company affirms its commitment to provide a work environment free from intimidation and harassment. Abuse of the dignity of anyone through ethnic, racist or sexist slurs or through other derogatory or objectionable conduct is offensive employee behavior. If an employee harasses another employee of the Company or applicant to the Company because of race, religion, creed, color, national origin, ancestry, physical or mental disability, medical condition, severe/morbid obesity, marital status, sex, age, or any other protected classification, in accordance with applicable federal, state and local laws, they will be subject to disciplinary action, including discharge. Likewise, if employees feel that they have been the object of harassment or intimidation based upon the aforementioned, employees are to advise their supervisor or manager, follow the normal open-door policy or, in the event of sexual harassment, institute the procedure indicated below.
Sexual harassment is a form of sex discrimination, which includes gender-based harassment of a person of the same sex as the harasser. It is the express policy of the Company that sexual harassment of employees or an applicant, by the employee or agents of the Company, is unacceptable and will not be tolerated. Unwelcome or unwanted sexual advances, requests for favors or other visual, verbal or physical conduct will be deemed sexual harassment when:
- Submission to such conduct is explicitly or implicitly a condition of employment;
- Submission to or rejection of such conduct is used as the basis of employment decisions;
- Such behavior has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Whether a particular action or incident is a purely personal, social relationship without a discriminatory employment effect requires a factual determination. The Company further recognizes that allegations of this type of discrimination may have serious effects on innocent women and men. Therefore, the Company has devised two procedures to process a sexual harassment complaint. First, the normal complaint procedure as set forth herein may be utilized. Second, if the employee desires confidentiality, the following procedure may be requested:
- Any employee who believes he or she has been the subject of harassment should report the alleged act(s) promptly (within two (2) working days) to a supervisor, manager or designee, giving details as related to the complaint.
- The supervisor, manager or designee, upon receipt of the complaint, shall take immediate and appropriate steps to investigate the complaint. Confidentiality is mandatory to the maximum extent possible.
- Following the investigation of the complaint, the supervisor, manager or designee shall weigh the facts and determine the validity of the charge. If the complaint is determined to be valid, the offender(s) shall face immediate and appropriate disciplinary action based upon the severity of the charge. This may include written warning and / or suspension, and / or discharge. If the offender is a supervisor or manager, he / she may be demoted. If the complaint is found invalid, the complaining party may request Step 2 of the normal complaintSuch behavior has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment. Whether a particular action or incident is a purely personal, social relationship without a discriminatory employment effect requires a factual determination. The Company further recognizes that allegations of this type of discrimination may have serious effects on innocent women and men. Therefore, the Company has devised two procedures to process a sexual harassment complaint. First, the normal complaint procedure as set forth herein may be utilized. Second, if the employee desires confidentiality, the following procedure may be requested procedure.
In addition to the Company’s anti-harassment policy, the Company believes it necessary to delineate a policy regarding workplace bullying, as such bullying has numerous negative effects on both individual employees and the Company as a whole. Workplace bullying may cause the loss of trained and talented employees, reduce productivity and morale and create legal risks.
The Company believes all employees should be able to work in an environment free of bullying.
Workplace bullying refers to repeated, unreasonable actions of individuals (or a group) directed towards an employee (or a group of employees), which are intended to intimidate, degrade, humiliate or undermine; or which create a risk to the health or safety of the employee(s). Some examples of workplace bullying include repeated acts such as:
- Unwarranted or invalid criticism
- Blame without factual justification
- Being treated differently than the rest of the employees in a work group
- Being the target of cussing or disrespectful language
- Exclusion or social isolation
- Being the target of shouting or other behavior intended to humiliate the employee
- Excessive “prank” jokes or teasing of an employee.
The Company considers workplace bullying unacceptable and will not tolerate it under any circumstances. Supervisors and managers are to assume the responsibility to ensure employees are not bullied. Any employee who bullies a co-worker will be subject to disciplinary action, up to and including termination of employment.
The Company encourages all employees to report workplace bullying to a supervisor or manager with whom employees are comfortable speaking, or directly to his/her supervisor, manager or designee. All complaints of workplace bullying will be treated seriously and investigated promptly. In the investigation process, the Company will attempt to maintain confidentiality to the fullest extent possible.
It is a violation of Company policy to retaliate or otherwise victimize an employee who makes a complaint or a witness who serves in the investigation of the workplace bullying allegation.
The Company subscribes to the open door policy. Employees may bring a particular complaint to their supervisor or manager for resolution. When matters cannot be handled on an informal basis, the Company has established a formal procedure for a fair review of any work related controversy, dispute or misunderstanding. A complaint may be brought by one or more employees concerning any work-related problem where the complaint has not been satisfactorily resolved in an informal manner.
Step 1 The complaint must be submitted in writing to a supervisor, manager or designee within three (3) working days of the incident. A written request for a meeting must be submitted simultaneously. Generally, a meeting will be held within three (3) working days of the employee’s request depending upon scheduling availability. Witnesses will be allowed as necessary. If the problem is not resolved during this meeting the supervisor, manager or designee will give the employee a written resolution within three (3) working days. If the employee is not satisfied, the employee may proceed to Step 2.
Step 2 If the employee is not satisfied after Step 1, the employee may submit a written request for review of the complaint and Step 2 solution to the Director or his/her designee. Such a request must be made within three (3) working days following the receipt of the Step 1 resolution. The Director or appointed representative will review the complaint and proposed solution and may call a further meeting to explore the problem. This meeting is to be attended by the employee concerned, the employee’s supervisor or manager, and any other employee of the Company whom the aggrieved employee chooses. The Director or appointed representative will render the final decision within ten (10) working days after receiving the Step 2 request, assuming scheduling availability. The decision will be given to the employee in writing and will become part of the employee’s personnel file.
A high level of job performance is expected of each and every employee. In the event that an employee’s job performance does not meet the standards established for the position, employees should seek assistance from their supervisor or manager to attain an acceptable level of performance. If employees fail to respond to or fail to make positive efforts toward improvement, corrective action may ensue, including termination of employment.
It is the policy of the Company to regard discipline as an instrument for developing total job performance rather than as punishment. Corrective action is one tool the Company may select to enhance job performance. The Company is not required to take any disciplinary action before making an adverse employment decision, including discharge. Corrective action may be in the form of a written or oral reprimand, notice(s) of inadequate job performance, suspension, discharge or in any combination of the above, if the Company so elects. The Company reserves its prerogative to discipline, and the manner and form of discipline, at its sole discretion.
If employees violate established Company procedures, guidelines, or exhibit behavior that violates commonly accepted standards of honesty and integrity or creates an appearance of impropriety, the Company may elect to administer disciplinary action.
The standard pay period is on the 1st and 15th of every month, or the closest business day.
Hourly employees will not be compensated for any absences.
Employees will receive an appraisal of their job performance upon the completion of the swim season. This evaluation may be either written or oral.
If in this appraisal employees are given an evaluation sheet or other written document, employees will be required to sign it. An employee’s signature does not necessarily indicate that the employee agrees with all the comments, but merely that the employee has been given the opportunity to examine the evaluation and fully discuss the contents of it with his /her supervisor or manager. The completed and signed evaluation form will be placed in the employee’s personnel file and the employee will receive a copy of the performance evaluation.
In addition to specific duties that may accompany an individual’s job responsibilities, each job also includes “and other assigned duties.” From time to time, employees may be required to perform duties or tasks of a fellow employee who is absent or for a position that is temporarily vacant. Employees will be compensated at their regular rate of pay while performing other assigned duties on a temporary basis.
Advances and Loans
The Company does not give salary advances or loans to its employees.
Health, Safety, and Security
Smoking is not permitted in any Company buildings, facilities, work sites or vehicles. Employees wishing to smoke should do so during their break times, outside Company buildings, in designated areas, and in accordance with local ordinances.
Drug and Alcohol
The Company is dedicated to providing employees with a workplace that is free of drugs and alcohol. The Company discourages drug and alcohol abuse by its employees. The Company has a vital interest in maintaining safe and efficient working conditions for its employees. Substance abuse is incompatible with health, safety, efficiency and success at the Company. Employees who have any detectible amounts of drugs or alcohol while on the job compromise Company interests, endanger the employees own health and safety and the health and safety of others. This can cause a number of other work-related problems, including absenteeism and tardiness, substandard job performance, increased workloads for coworkers, behavior that disrupts other employees, delays in the completion of jobs, inferior quality in our products and disruption of customer relations. Any identified usage of drugs or alcohol, or any detectible amount during working hours will be grounds for discipline, up to and including termination. The Company has a zero tolerance policy regarding drugs and alcohol.
For the safety of our employees and clients the Company reserves the right to test any employee for the use of illegal drugs, marijuana or alcohol under state, federal or local laws. This may be done in cases where the employee’s job carries a risk of injury or accident due to such use, or there is an apparent inability to perform the duties required of that position. Specific jobs may, at the Company’s discretion, require regular drug testing. Such a test may be conducted after an accident or with probable cause of impairment while on the job. Under those circumstances the employee may be driven to a certified lab, at the Company’s expense, for the drug test.
Any employee found to use, sell, possess or distribute any illegal drugs under state, federal or local laws, marijuana, or any unauthorized drugs (including excessive quantities of prescription or over-the-counter drugs) while on the Company premises, performing Company-related duties, or while operating any Company equipment, is subject to disciplinary action, up to and including termination of employment. Any suspected illegal drug confiscated will be turned over to the appropriate law enforcement agency.
Any employee taking medication should consult a medical professional to determine whether the drug may affect his or her personal safety or ability to perform the essential functions of the job and should advise his or her supervisor or manager of any job limitations. Upon notification of job limitations, the Company will make reasonable efforts to accommodate the limitation.
The moderate use of alcohol at Company approved meetings, with business meals, travel, entertainment or in an appropriate social setting, is not prohibited by this policy.
To the extent any federal, state or local law, rule or regulation limits or prohibits the application of any provision of this policy, then to the minimum extent necessary and only for that geographical area, this policy is deemed to be amended in compliance.
It is the policy of the Company to comply with all the relevant and applicable provisions of the federal Americans with Disabilities Act (ADA), as well as state and local laws concerning the employment of persons with disabilities. The Company will not discriminate against any qualified employee or job applicant because of a person’s physical or mental disability with respect to any terms, privileges or conditions of employment, including, but not limited to hiring, advancement, discharge, compensation and training.
Employees who become disabled should notify administration if the conditions of the disability impair their ability to perform the essential functions of their position. Where necessary and feasible, reasonable accommodations will be made for qualified disabled employees to perform the essential functions of the job in question, as long as the accommodation does not cause the Company undue hardship.
All employees are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threats cannot be eliminated by reasonable accommodation, will not be hired. Current employees who pose a direct threat to the health of safety of the other individuals in the workplace will be placed on appropriate leave until a decision has been made by management in regard to the employee’s immediate employment situation.
In the event an employee becomes injured or witnesses an injury during working hours, he/she must report it immediately to the nearest available supervisor or manager. Employees are to render any assistance requested by supervisor, manager or designee. Any questions asked by law enforcement or fire officials making an investigative report should be answered giving only factual information and avoiding speculation. Liability for personal injury or property damage should never be admitted in answering an investigatory question asked by law enforcement or fire officials. Employees should report all nonfunctioning, hazardous equipment to the nearest supervisor or manager.
The Company provides insurance for all work-related injuries or illness. The name of the Company’s workers’ compensation insurance carrier and other pertinent information is posted. The carrier governs all insurance benefits provided by the Company. These contracts shall not be limited, expanded or modified by any statements of Company personnel or Company documents. Any discrepancies shall be determined by reference to the insuring contracts.
Workplace Violence and Security
It is the intent of the Company to provide a safe workplace for employees and to provide a comfortable and secure atmosphere for customers and others with whom the Company does business. The Company has zero tolerance for violent acts or threats of violence.
The Company expects all employees to conduct themselves in a non-threatening, non-abusive manner at all times. No direct, conditional or veiled threat of harm to any employee or Company property will be considered acceptable behavior. Acts of violence or intimidation of others will not be tolerated. Any employee who commits, or threatens to commit, a violent act against any person while on Company premises, will be subject to immediate discharge.
Employees within the Company share the responsibility in identification and alleviation of threatening or violent behaviors. Any employee who is subjected to or threatened with violence, or who is aware of another individual who has been subjected to or threatened with violence, should immediately report this information to his/her supervisor, manager or designee. Any threat reported will be carefully investigated and employee confidentiality will be maintained to the fullest extent possible.
Hours of Work
Employees are expected to be at their work area, ready to work at their scheduled time.
Employees will be given their individual duty hours upon hire and at the time of any change in position. If the normal duty hours are changed or if the Company changes its operating hours, employees will be given written notice to facilitate any personal planning.
Attendance / Tardiness
Employee attendance is a major concern of the Company. Unsatisfactory attendance, including tardiness and leaving work early is unacceptable performance. Employees will be rated in their performance appraisal in the categories of attendance and punctuality.
If an employee is ill, injured or an unexpected emergency arises which prevents them from coming to work, the employee must notify their supervisor or manager no later than the start of their scheduled work day. If an employee’s supervisor, manager or designee is not available, the employee should contact a member of management. If an employee is physically unable to contact the Company, they should direct another person to make the contact on their behalf. Leaving a message with a fellow staff employee or with the answering service is not considered proper notification.
When an employee calls in absent, he/she is to advise the Company of his/her expected date of return. Management reserves the right to require proof of illness, injury or accident, including a doctor’s statement(s) or notice(s), for any temporary disability.
Repeated absences, excessive absences (excused or unexcused) or a pattern of absences are unacceptable job performance. If an employee is absent for three (3) consecutive days and has not provided proper notification, the Company will assume that the employee has abandoned their position and may be treated as having voluntarily terminated employment with the Company.
If an employee becomes ill at work, he/she should notify his/her supervisor or manager immediately. If an employee is unable to perform his/her job task, an employee may be sent to his/her treating doctor or home for the remainder of the day or until able to work again. Employees will be paid only for time actually worked and may receive paid sick time, if eligible.
Employees shall be at their workstation, ready to begin work at the start of their scheduled work time or resumption of work duties. If employees are not prepared, they will be considered tardy. Excessive tardiness, whether excused or unexcused, constitutes unacceptable work performance. The Company does not categorize tardiness as excused or unexcused. If an employee is tardy, his/her wages will be reduced by the amount of time he/she is tardy, calculated in whole minutes according to the Company’s clock.
All absences are to be arranged as far in advance as possible. If a doctor or dental appointment must be scheduled during the workday, it should be scheduled as early in the morning or as late in the afternoon as possible.
Badger Swim Club is a professional business based on the trust and goodwill it engenders from its clients. In addition to providing excellent swim services, clients only choose our organization if they are also treated with courtesy, patience and appropriate deference. Employees are to treat all clients with the utmost courtesy. Employees will be evaluated in their performance appraisal in this category.
Since clients tend to think in terms of the individual employees with whom they come in contact with at the Company, the way an employee performs his/her job and treats the individual client will determine, in part, the client’s satisfaction with the Company. A good employee will approach his/her job duties and responsibilities with a positive attitude and respect. A neat personal appearance and good grooming habits reflect respect for oneself and the workplace.
Expensive clothing is not necessary for a well-groomed appearance. Employees are to wear clothing appropriate for an environment catering to children in a pool setting. Staff must wear staff shirts every day. No cut-offs, short shorts or jeans. When at the pool, bathing trunks should be worn by the male staff and females should wear a one-piece bathing suit. If employees have any questions, they should contact their supervisor or manager for counseling.
The rule of thumb to remember is that all information gathered by, retained or generated by the Company is confidential. There shall be no disclosure of any confidential information or trade secrets to anyone outside the Company without the appropriate authorization. Confidential information may include internal reports, policies, procedures and other internal business-related communications. Trade secrets may include information regarding the development of systems, processes, products, design, instrument, formulas and technology, In addition, always respect financial disclosure laws and third party intellectual property.
It is an employee’s duty and responsibility to safeguard all confidential information. This includes the dissemination of information by any available means, including but not limited to telephone, fax and email.
When any inquiry is made regarding an employee or any former employee, the inquiry must be forwarded to a supervisor or manager without comment from the employee. When any inquiry is made regarding any client, the inquiry must be forwarded to a supervisor or manager.
Confidential information shall be disclosed and/or discussed only on a “need to know” basis. Conversation of a confidential nature must never be held within earshot of the public or clients.
This policy is intended to alert employees to the need for discretion at all times and is not intended to inhibit normal business communications. In addition, nothing in this policy is intended to infringe upon employee rights under Section Seven (7) of the National Labor Relations Act (NLRA).
Conflict of Interest
The Company is judged by the collective and individual performance of its officers and employees. The Company has a particular interest in preserving its reputation and the reputation of its employees for the utmost honesty and integrity. Thus, the Company holds itself and its employees to the highest standards of lawful and ethical conduct.
Therefore, employees must be very careful that their relationship with clients or vendors or other activities do not subject oneself or the Company to question or undue criticism. Employees must refrain from engaging in any activity that could be in conflict with the status as a Company employee. This includes the use of an employee’s position with the Company for personal profit, advantage or entering into transactions or relationships where it may appear that an employee has a conflict of interest, are improperly benefiting from an affiliation with the Company, or are violating laws governing fiduciary relationships. Good judgment and common sense are to supplement these provisions to avoid even the appearance of impropriety. To the extent there is a conflict or ambiguity between permissive conduct and that which is not permitted, the latter shall have precedence.
If an employee has questions of the propriety of a transaction or activity, they should seek guidance from their supervisor or manager. If necessary, employees should seek written approval.
It is the responsibility of each employee of the Company to report, immediately, any and all irregularities indicating actual or suspected existence of loss, fraud, embezzlement or similar impairment of Company funds or property, suspicious persons or activity.
If an employee’s actual or constructive knowledge of any irregularity exists, and the employee does not report it to their supervisor or manager, that employee has engaged in unacceptable job performance.
Inspections / Searches
Any items or parcels taken out of or off Company premises or property (or property controlled by the Company) are subject to inspection/search. Employee desks, workstations, work areas, computer terminals, memory, files, etc. and voice mail are subject to inspection/search at any time. The Company may monitor any telephone conversation employees have on Company owned or controlled equipment, premises or property. While on Company owned or controlled premises or property, an employee’s vehicle, meal containers, purse, etc., as well as the employee are subject to inspection/search. Any inspection/search conducted by the Company or its designees may occur at any time, with or without notice.
Employees are prohibited from placing any passwords or restrictors on any document, computer or computer software without the prior permission of their supervisor or manager. Any password or restrictor must be revealed to and maintained by a second authorized source. Removing, changing, deleting or erasing any Company information, without the appropriate authorization, is strictly prohibited.
Electronic Assets Usage
The Company recognizes that use of the Internet has many benefits for the Company and its employees. The Internet and email make communication more efficient and effective. Therefore, employees are encouraged to use the Internet appropriately. Unacceptable usage of the Internet can place the Company and others at risk.
The following guidelines have been established for using the Internet and email in an appropriate, ethical and professional manner:
- The Company Internet and email access may not be used for transmitting, retrieving or storing of any communications of a defamatory, discriminatory or harassing nature or materials that are obscene or X-rated. No messages with derogatory or inflammatory remarks about an individual’s race, age, disability, religion, national origin, physical attributes or sexual preference shall be transmitted. Harassment of any kind is prohibited.
- Disparaging, abusive, profane, or offensive language (materials that would adversely or negatively reflect upon the Company or be contrary to the Company best interests) and any illegal activities – including piracy, cracking, extortion, blackmail, copyright infringement, and unauthorized access to any computers on the Internet or email – are forbidden.
- Copyrighted materials belonging to entities other than the Company may not be transmitted by employees on the Company’s network. All employees obtaining access to other companies’ or individual’s materials must respect all copyrights and may not copy, retrieve, modify or forward copyrighted materials, except with permission or as a single copy to reference only. If employees find something on the Internet that may be interesting to others, they should not copy it to a network drive. Instead, give the URL (uniform resource locator or “address”) to the person who may be interested in the information and have that person look at it on his/her own.
- Do not use the system in a way that disrupts its use by others. This includes excessive dial-in usage, sending or receiving many large files and “spamming” (sending email messages to thousands of users).
- The Internet is full of useful programs that can be downloaded, but some of them may contain computer viruses that can extensively damage our computers. Be sure to virus-check downloaded files immediately. Instructions on how to check for viruses are available through the IT Support. Also, many browser add-on packages (called “plug-ins”) are available to download. There is no guarantee that such will be compatible with other programs on the network and such may cause problems; therefore, please refrain from downloading such plug-ins.
- Each employee is responsible for the content of all text, audio or images that he/she places or sends over the Company’s Internet and email system. No email or other electronic communications may be sent which hides the identity of the sender or represents the sender as someone else. Also, be aware that the Company’s name is attached to all messages so use discretion in formulating messages.
- Email is not guaranteed to be private or confidential. All electronic communications are Company property. Therefore, the Company reserves the right to examine, monitor and regulate email messages, directories and files, as well as Internet usage. Also, the Internet is not secure so don’t assume that others cannot read or possibly alter messages.
- Internal and external email messages are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending email within and outside the Company.
All Company-supplied technology, including computer systems and Company-related work records, belong to the Company and not the employee. The Company routinely monitors usage patterns for its email and Internet communications. Although encouraged to explore the resources available on the Internet, employees should use discretion in the sites that are accessed.
Since all the computer systems and software, as well as the email and Internet connection, are Company-owned, all Company policies are in effect at all times. Any employee who abuses the privilege of Company-facilitated access to email or the Internet, may be denied access to the Internet and, if appropriate, be subject to disciplinary action up to and including termination.
The Company recognizes that employees may have personal accounts on Facebook, Linked-In, MySpace, Twitter, Web-based email accounts such as Gmail, Hotmail and Yahoo! mail and the like, and understands that employees may elect to review those accounts during work hours and utilizing the Company’s electronic assets of technology, computers and internet access in the limited manner described in this policy. To assist employees in making responsible decisions about the use of social media, the Company established these guidelines for the appropriate use of social media during non-working time.
Access to any of these personal accounts is not permitted during working time. Company electronic assets may not be used to access these accounts. Employees in violation of this policy are subject to discipline, up to and including termination of employment.
The Company therefore notifies its employees that should employees fail to follow Company policy and elect to log onto or access personal social media from the Company’s electronic assets of technology, computers or internet access, in addition to being subject to disciplinary action, such employees shall have no expectation of privacy as to any information that they input or review while in contact with social media, including passwords, codes or other information that is reviewed or that enables access to the social media. Moreover, by utilizing social media via the Company’s electronic assets of technology, computers or internet access, employees understand that they are providing the Company with access to their social media and therefore agree that an employee’s actions to access social media from the Company’s electronic assets of technology, computers or internet access constitutes the employee’s understanding that the employee has no expectation in privacy in the social media and consents that the Company may access the employee’s social media at the Company’s discretion and the Company may review materials that may be resident on the social media, including passwords, text messages, tweets, email communications, pdf’s, and pictures that are sent to employees or reviewed by employees on the social media.
To the extent employees are posting comments to social media outside the scope of their employment responsibilities, including an on-line forum, such as a blog, employees may not include any client or Company or confidential information.
Employees are not to make any statements that would give the impression that the views they have expressed are the opinions of the Company. Express only personal opinions. Never represent oneself as a spokesperson for the Company. It is best to include a disclaimer such as “The postings on this site are my own and do not necessarily reflect the views of the Company.”
Employees should refrain from posting derogatory information about the Company on any such sites and proceed with any grievances or complaints through the normal channels. Employees should not post any statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening, harassing or intimidating, disparaging to customers, employees, vendors, clients or suppliers, or that might constitute harassment, discrimination, intimidation or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race, sex, mental or physical disability, age, religion or any other protected classification in accordance with state, federal or local laws or Company policy. Employees are to comply at all times with all Company policies and practices, including but not limited to; Social Media, Anti-Harassment; Confidentiality and Trade Secrets related to Company, client/patient, and customer information; Ethics; Electronic Assets, Workplace Violence and Conduct and Behavior.
Employees may not post to any on-line forums using any official Company email address or providing any Company telephone number or extension. Do not create a link from any personal blog, website or other social networking site to a Company website without identifying oneself as an employee of the Company.
If employees are unsure about whether a message/post may violate a law or Company policy, they should speak to their supervisor or manager prior to posting it. Nothing in this policy is intended to infringe upon employee rights under Section Seven (7) of the National Labor Relations Act (NLRA).
Company Phone Usage
The telephones of the Company are to be restricted to business calls for Company business. All employees are required to be professional and conscientious at all times when using Company phones and to refrain from usage of personal cell phones, including texting and downloading of web content unless subject to emergency situations and/or as authorized by a supervisor or manager.
Personal Cell Phones or Other Mobile Devices
The use of personal cell phones or other mobile devices is strictly prohibited during working hours for personal use, including phone calls, texting and downloading of web content.
The Company is not liable for lost, misplaced or stolen property. Employees should take all precautions necessary to safeguard their personal possessions. Employees should refrain from having their personal mail sent to the Company because mail may be automatically opened.
Employee work areas and any other Company property are subject to inspections and searches at any time, with or without notice. All areas are to be kept as neat and organized as possible.
Employees are requested to provide a minimum of two (2) weeks’ written notice of their intent to resign. An employee’s notice of resignation to voluntarily terminate employment with the Company should be submitted to his/her supervisor or manager. An exit interview may be requested.
All employment with the Company is “at will” employment. This means that the employee has not been hired for a specified duration, but that he/she can terminate his/her employment with the Company or the Company can terminate the employment at any time, with or without cause, and with or without prior notice. An employee’s at-will employment status cannot be changed by any oral modifications.
Personal Possessions & Return of Company Property
Any Company property issued to employees, such as computer equipment, keys, tools, parking passes or Company credit cards, must be returned to the Company at the time of termination. Employees will be responsible for any lost or damaged items. Upon separation of employment employees are to remove their personal possessions.
If an employee is involved in an automobile accident while on Company business (personal or Company vehicle) he/she must report the accident to his/her supervisor or manager immediately. Employees should request and obtain a police report and police investigation at the scene of the accident.
Employees are not to drive a personal vehicle for Company business unless authorized to do so. If the job requires an employee to operate his/her personal vehicle, then the employee shall be required to submit proof of a current and valid state driver’s license. If employees use their own vehicle, either by authorization or requirement, to carry out the business of the Company, they must submit a photocopy of the cover page of their insurance policy covering that vehicle as proof of that insurance.
Insurance must be maintained current as a term and condition of continuing employment for that particular position.
All parking is at an employee’s own risk. It is recommended that employees and visitors lock their vehicle and take other appropriate safeguards.
The undersigned acknowledges receipt of the Company’s Employee Handbook.
The contents of the Employee Handbook are presented as a matter of information. Except for the at-will provisions, the Handbook can be amended at any time. I agree to read the Handbook and to follow the guidelines and policies set forth in the Handbook and any amendments to the Handbook along with the other policies and procedures of the Company.
It is specifically understood and agreed that the Handbook is for informational purposes only and is not intended to create a contract, nor is it a contract of employment or continuing employment between myself and the Company. It is further understood that neither the Handbook nor any policy of the Company is a guarantee or promise of employment or continuing employment.
I understand that I am not being hired for any definite period of time even though my wages are paid regularly. I further understand that I am an at-will employee and my employment can be terminated at any time, with or without cause and with or without prior notice either by the Company or myself. No promises or representations have been made to me that I can be disciplined or discharged from my employment with the Company only under certain circumstances or after certain events.
Company policy requires all employees to be hired at-will and this policy cannot be changed by any oral modifications. My at-will employment status with the Company has been fully explained and I have been given an opportunity to ask any questions regarding Company policies and my at-will employment status. No representative of the Company has made any promise or other statements implying employment will be other than what has been stated above. Nothing in this handbook is intended to infringe upon employee rights under Section Seven (7) of the National Labor Relations Act (NLRA).