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This section is provided as a courtesy of The Law Offices of Peter T. Stavropoulos.  It is intended to provide information of a general nature and is designed for educational purposes only – it is not intended as and should not be considered legal advice. 

 

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Commercial Leases

(December 2008)

 

Before signing a commercial lease, look closely at the language and any changes or addendums (additions) to the lease.  Standard forms (such as the AIR Commercial Real Estate Association) allow the landlord (or tenant) to add or delete within the boilerplate language, so even if you’ve read a standard AIR form, look closely at each paragraph to be sure an important provision has not been changed or deleted.  Additionally, I advise my clients to discuss insurance coverage requirements with their agent; often times a new lease can also require higher premiums or additional coverage.

 

If you are signing a lease with either an option to extend or an option to purchase, be sure they are complete (too many times do I come across an incomplete form document), and that they accurately reflect the understanding of both parties (this becomes most important with options to purchase language, as purchase prices and timing to exercise the option can be critical).

 

 

 

How Employers can Benefits from an Employee Handbook

 

            Companies both small and large benefit from creating and implementing an employee handbook.  Here are a few considerations:

 

BENEFITS OF AN EMPLOYEE HANDBOOK

 

            An employee handbook can help streamline a company’s organization.  When creating an employee handbook, management is forced to determine exactly how it relates to its employees.  Sometimes, this process uncovers items that management had not previously thought of or had not applied equally; resolving these issues can avoid bigger problems in the future.  Additionally, the creation process becomes an opportunity to communicate directly with employees and obtain their feedback.

 

            An employee handbook helps a company manage its workers and its managers.  It can provide strict guidelines to ensure consistent treatment to employees.  This benefits not only the employee, but management and owners as well; it helps prevent misunderstandings or complaints.  If there is ever a question about a specific employer policy, it can be found in the employee handbook.

 

            Finally, a well drafted and properly followed employee handbook provides an additional layer of protection to help prevent lawsuits.  For example, a procedure to employees as to how to complain about sexual harassment may be used in the company’s defense should an employee file a harassment lawsuit.  Additionally, stated handbook procedures – such as handling of cleanup or machinery in a warehouse, or specific provisions regarding cell phone use in vehicles - may actually prevent accidents (and subsequent litigation).  The ideal employee handbook also contains provisions stating that the employee is terminable at will.  Terminable at will provisions - although in theory do not need to be stated in writing – reminds or puts the employee on notice of the status of their employment so there is no confusion.  In drafting the handbook, the employer must be sure to exclude any language in the remainder of the handbook that could inadvertently destroy that right to fire at will.

 

PROVISIONS COMMONLY FOUND IN EMPLOYEE HANDBOOKS

 

            While there is no standard employee handbook, as every business is unique, there are many provisions commonly found in employee handbooks.  These include (but are not limited to) the following:

 

-         hiring procedures (what steps, if any, the employer takes before hiring)

-         firing (specific actions by an employer that would warrant immediate terminate)

-         employee hours/shifts (such as what constitutes full time versus part time)

-         vacation (how much vacation, when does it accrue, and other issues)

-         recruitment (encourage current employees to bring others into the organization).

 

            Of course, an employee handbook can address any issues a company chooses.  For example, some companies pay for jury duty – this issue can be covered in an employee handbook.

 

DISTRIBUTION OF HANDBOOK

 

            When distributing handbooks to its employees, ideally the employer would hold a meeting to answer any questions.  If this is not ideal (due to numerous shifts, etc.) managers can distribute to their work force.  Once implemented, the employer would then be able to distribute handbooks to new employees at time of hire.

 

            It is also important to have each employee – existing and new – sign an acknowledgement of receipt of the handbook.  The original signed acknowledgement should all be maintained in a secure location by the employer.

 

UPDATING AN EMPLOYEE HANDBOOK

 

            Be sure to review your employee handbook at least once a year to determine whether any changes in the law require amending the handbook, or whether new business practices require such amendment.  Even if no changes are necessary, it may remind the owners or its managers of policies otherwise forgotten or ignored.

 

 

 

 

See Mr. Stavropoulos' blog at http://www.rosecitybusiness.com/.

 

LEGAL DISCLAIMER: The information at this web site is for advertising and general information purposes. This information is not intended to be legal advice for you to rely on. We recommend you contact the firm for specific questions.