Where can I get a generic or starter mini storage employee handbook?

Mini- Storage Messenger - Where can I get a generic or starter mini storage employee handbook?

QUESTION: “Where can I get a draft or generic starter for a mini storage employee handbook? I have facilities in several states and I am unable to find anything I am able to use to start my own handbook.”

Answer: Previously we have addressed the need for an employee handbook. Specifically a well written employee handbook adds a lot of protection to the owner/employer in a lot of different situations. However, there are several concerns, specifically, whether or not your facilities are located in a state where employees are what are known as “employees at will” which means subject to certain limitations; the employee can be fired for any reason at all. In states where you have employees at will you want to make sure that you do not, as an unfortunate by product of an employment contract, change the relationship from an employee at will to an enforcement of promise to continued employment is to have an employee handbook.

Any good employee handbook provides standard provisions such as compliance with equal opportunity employment requirements provisions; condemning sexual harassment; and mandatory arbitration of employment issues. The employee handbook also defines job requirements, aspirations, and terms and conditions that you want your employees to follow. The general idea is that with an employee handbook you avoid having to repeat all of your job policies to each employee every time you hire somebody and have a consistent job performance evaluation system.

So I have said that there are certain standardized provisions. Where are they and how does this fellow get them to start his own employee handbook?
The answer, without sounding like an advertisement for your local attorney, is that you should not “start” your own employee handbook. While there are certain federal employment laws, employment law is also defined, and often more substantially defined, by state law. Thus, you may not even have the exact same employee handbook for the different states where you operate your facilities.

Because the employee handbook is such a creature of state law, not just statutes but case law interpretations by the court systems in the state where you are operating, a handbook is a document you do not want to try to create yourself or start with an internet template. This is a document where you need to know the laws of your state and you should have this document drafted by your attorney.

Let me give an example. If you were to find some template of an employee handbook on the internet you would not know what state it was written for. If, for example, you are located in a state where employment at will is defined narrowly, but can be enlarged by the employment handbook, i.e. you can, by your employee handbook, more clearly define employment at will status for more of your employees, and you copy the wrong employment manual off the internet you are not only going to have not done yourself a favor, but you will have wasted an opportunity to protect yourself from litigation.

State statutes often define multiple other employment issues including who may be a protected class under each state employment law. Failure to know what these protected classes could lead you to have an employment manual that could expose you to litigation because your manual sets forth a requirement that puts you directly in violation with your states employee protection laws. Since every state is different this short column cannot discuss specifics between states, such as California, Arizona, and Eastern states, but suffice it to say that if you are “lucky” enough to find anything on the internet to start with, you should not pursue this course of action. This is one document you need to hire an attorney and do properly. The protection you buy will be well worth any amount of money you spend for your attorney.

Finally, you do not need a self-storage attorney to assist you with your employee handbook. Any good employment law attorney can help you without really having to know too much about the operation of the business of self-storage. So, you do not need to go searching all over the statute, use a good local employment law attorney who will be there to support the document when you need it later.

You can send your questions, comments, or suggestions for future topics to Jeffrey Greenberger at info@selfstoragelegal.com or mail them to Jeffrey Greenberger c/o Katz Greenberger & Norton LLP, 105 E. Fourth Street, Suite 400, Cincinnati, Ohio 45202 or you can reach Mr. Greenberger at (513) 721-5151, or visit his website at www.selfstoragelegal.com.