Pub. 5 2015 Issue 4

10 AUTOMOBILE DEALER NEWS ILLINOIS www.illinoisdealers.com Second, consideration should be given to keeping the hand- book for all employees separate from the manual or protocol for dealership managers. The latter should contain details or in- structions for managers to follow when addressing matters with dealership employees. Such matters might include discipline, investigating complaints, and hiring practices, to name a few. The managers’ policy manual is considered confidential and distributed only to managers. However, the employee handbook is made available and provided to all employees. Third, it is ill-advised to adopt another dealership’s hand- book. Not only do state and local laws and regulations vary, but also the array of benefits and policies varies. Embracing another employer’s handbook as your own might end up obligating your dealership to follow rules that might not otherwise be applicable or require your dealership to extend unintended benefits. Fourth, it is imperative that the handbook be kept current and updated. Practices evolve and employment and labor laws change frequently. A dealership handbook that does not accu- rately address an employer’s present policies and practices or the application of current law is a liability. Additionally, consideration should be given to including a receipt for the employee handbook in which the employee ac- knowledges that he/she has received and read the handbook and understands it contents and agrees to abide by them. The receipt might also acknowledge that the employee understands that the policies in the handbook can be changed at the sole discretion of the company and that nothing inconsistent with the handbook is binding on the employer unless in writing from an authorized representative, such as the company president. There are considerations important to the dealership’s deter- mination of adopting and implementing an employee handbook. A well-drafted handbook can enhance the employer-employee relationship and facilitate the dealership’s ability to manage li- ability risk and defend against claims. The properly implemented handbook can be a cornerstone of good employment practices by a dealership.  Julie A. Cardosi is Principal of the private firm, Law Office of Julie A. Cardosi, P.C., of Springfield, Illinois, and has exclusively represented the unique business interests of automobile dealers state-wide for nearly 25 years. Formerly in-house staff legal counsel for the Illinois Automobile Dealers Association, she concentrates her practice in the areas of dealership ownership transfers (asset purchases and stock acquisitions), mergers and acquisitions, franchise law and franchise issues, factory relations, corporate law, add points, commercial real estate transfers, advertising, and other issues impacting day-to-day dealership operations. She authored the original versions of IADA’s Employment Policies Manual and Job Description Manual. Dealers may wish to seek the advice of their own counsel on the subject matter of this article. n Handbook — continued from page 9