Night Owl 9/Night Owl CD-ROM (NOPV9) (Night Owl Publisher) (1993).ISO/006a/bbslaw10.zip/10002.BLD

Text File | 1993-03-21 | 25KB | 717 lines

#10002
@001 Enter the name of the COMPANY:
@002 Enter the name of the EMPLOYEE:
@175 Enter the state where the main office of BBS is located:
@500 Enter the mileage reimbursement rate:
@300/@300/@300 Time cards are due every:
week
2 weeks
KEY IN VALUE
@200 Enter schedule of payroll checks:
@400 Enter the effective date of the manual:
@401 Enter the revision number:
@402 Enter the title of the person approving:
#end control section
#10002

EMPLOYMENT AND WORK POLICIES OF @001


Receipt for manual


I have received a copy of the Employment and Work Policies of
@001,  and I have read and I understand the information contained
in the Manual.






___________________________________________

@002



Since the information in this Manual is necessarily subject to
change as situations warrant, it is understood that changes in
the manual may supersede, revise, or eliminate one or more of the
policies in this manual. These changes will be communicated to me
by my supervisor or through official notices. I accept
responsibility for keeping informed of these changes.


I further acknowledge my understanding that my employment with
@001 may be terminated at any time with or without cause.


ANNIVERSARY DATE


An employee shall have a yearly performance review on the
anniversary date of their hire. Supervisors shall complete the
performance review within 21 days of the anniversary date.


CLASSIFICATIONS OF EMPLOYEES


There are three classifications of employees:


1.  Regular Fulltime: An employee who works a normal 40-hour
workweek on a regularly-scheduled basis.


2.  Regular Part-time:  An employee who works less than a normal
workweek, on either a regularly-scheduled basis or on an
irregular basis.


3.  Temporary: An employee hired for a period not exceeding three
months and who is not entitled to regular benefits. An extension
of a temporary work classification for an additional three-month
period, or less, may be granted, if upon review by management,
the assignment is clearly found to be necessary. A temporary
employee may be fulltime or part-time. In addition to the use of
this classification for secretarial or clerical positions, it
applies to students working part-time and those who work during
the summer.


All employees are classified as exempt and nonexempt according to
these definitions:


Salaried Exempt: Positions of a managerial, administrative, or
professional nature or for outside sales, as prescribed by
federal and state labor statutes, which are exempt from mandatory
overtime payments.


Salaried Nonexempt: Positions of a clerical, technical, or
service nature, as defined by statute, which are covered by
provisions for overtime payments.


If you are uncertain as to your status, please contact the
general manager.


CONFLICTS OF INTEREST PROHIBITED


No employee of @001 shall maintain an outside business or
financial interest, or engage in any outside business or in any
capacity other than being the holder of less than 5 percent of a
publicly-traded company  which conflicts with the interests of
the company, or which interferes with his or her ability to fully
perform job responsibilities.


CUSTOMER DATA PRIVACY POLICY


@001 operates a computer telecommunications service. Significant
legal restraints exist on disclosing private message traffic.
Therefore, it is the policy that employees only enter private
areas on a strictly necessary basis, and only if there exists a
bona fide requirement to examine data to ensure that the system
is operating properly, or under the direction of the general
manager to verify accountings or other fees due to the BBS.
Except under court order or subpoena, no employee may reveal the
contents or any part of the contents of any messages in the
"private" areas of the system.


DISKETTE IMPORTATION


Putting a diskette into computers in the company carries a risk
of introducing viral infection to the system. Accordingly, if
employees bring disks into the premises they must insure that
the disks and the data thereon must verified as free of viral
infection.


DRESS CODE


Employees who are not expected to be in contact with the public
may dress in casual clothes. Employees who generally are in
contact with the public shall wear customary and appropriate
business clothes. During periods when employees who are not
generally in contact with the public are likely to be in contact
with the public, they must wear customary and appropriate
business attire.


DRUG AND ALCOHOL FREE WORK POLICY


The work place shall be free of alcohol and illegal drugs.
Employees who require prescription drugs which impair their
ability to work should request sick leave and not report to work.


No alcoholic beverages may be consumed at company approved social
events.


GRATUITIES TO CUSTOMER OR SUPPLIER REPRESENTATIVES


Employees of @001 may not offer to give, or accept a gift, cash
or other item of value including personal service from an
existing or prospective customer, supplier, or a representative
of either in pursuance of business or in conjunction with
negotiating business on behalf of this company. Expenses for
meals as part of a seminar, convention, or business meeting are
not within the definition of gratuities for purposes of this
policy. Invitations extended by a customer or supplier to
participate in any program or activity, such as a party or
football game may be accepted.


JOB DUTIES


Each employees area of responsibility shall be defined in a
position description which shall be included in the employee's
permanent file. However, employees may be requested to perform
any duty that they are capable of doing. The areas of
responsibility for each employee may be changed in the best
interests of the company.



MEDICAL LEAVE OF ABSENCE


Upon written application by an employee who has at least 6
months of continuous service with the company, @001 will grant to
the employee for an appropriate period of time a leave of absence
without pay for illness or pregnancy subject to the requirements
set forth below. The company reserves the right to request a
certificate or statement from the employee's physician
establishing the employee's physical need for the leave of
absence. An employee returning to work from a leave of absence in
the case of illness or pregnancy will present a certificate or
statement from the employee's physician indicating that the
employee is able to return to work.


An employee need not apply for an illness or pregnancy leave of
absence if the absence will not exceed five working days;
however, the employee must notify his or her department manager
no later than the day of such absence.


The following requirements will be applicable to employees on all
types of leaves of absence:


1. An employee on any leave of absence shall not return to work
prior to the expiration of his or her leave without the prior
written consent of the company.


2. An employee who does not return to work at the end of his or
her leave of absence will be considered to have voluntarily
resigned from employment with @001.


3. If an employee returns to work within eight weeks after the
leave of absence begins, the company will return the employee to
employee's previous job, if the job exists and if the employee
remains qualified and able to perform the work in such job.


4. If an employee returns to work more than eight weeks after the
leave of absence begins, the company shall not be required to
return the employee to any job within the company.


5. An employee who accepts other employment while on any leave
will be deemed to have voluntarily resigned his or her employment
with the company.


6. Group insurance participation for employees on a leave of
absence will continue during the leave but will terminate the
first day after the day on which the leave of absence ends, but
in no event later than eight weeks following the date of
commencement of the leave, if the employee has not returned to
fulltime employment by that date.


7. The time that an employee is on leave of absence will be
counted as time worked for determining whether or not the
employee is entitled to other company benefits, subject, of
course, to the specific provisions of any health insurance
policy, retirement plan or other benefit package. Similarly, an
employee's length of service will continue to increase while the
employee is on leave of absence.



MILEAGE REIMBURSEMENT


Prior approval for use of personal vehicles to accomplish company
business is required. EMPLOYEES MUST HAVE PROOF OF CURRENT
INSURANCE ACCEPTABLE TO THE COMPANY BEFORE USE OF THEIR PERSONAL
VEHICLES IS PERMITTED. Employees will be reimbursed at the rate
of @500 cents per mile. Such reimbursement will be included on
the next pay check of the employee.



OUTSIDE EMPLOYMENT


Full time employees must receive permission of the general
manager to engage in other employment. This permission may be
denied.


OVERTIME COMPENSATION


Nonexempt salaried employees will be paid at the rate of one and
one-half times their regular hourly rate of pay for all time
worked in excess of 8 hours in any one day and 40 hours in any
one workweek.


Overtime is never at the employee's discretion and must receive
prior approval of the general manager.

NEW HIRES


Every newly-hired employee must verify their eligibility for
employment within three business days of accepting employment.
The general manager will not notify other candidates that the
position has been filled until the new employee has complied with
the law. The employee will fill out and execute the top of Form
I-9.). The general manager will complete Form I-9 after examining
the employee's documentation of identity and employment
eligibility. Each document examined will be photocopied and the
copy maintained in the employee's personnel file folder.


PAY ADVANCES


It is the policy of @001 not to make employee payroll advances.



PAYROLL


Employees shall keep accurate and correct records of their time
worked. The exact means of accomplishing this will be explained
to all employees. Pay will be given to employees on the following
schedule:


@200


Time reports shall be turned in every @300, reflecting
work completed for the preceding period.



PERFORMANCE IMPROVEMENT


Performance improvement may be suggested when company management
believes that an employee's performance is less than satisfactory
and can be resolved through adequate counseling. Corrective
counseling is completely at the discretion of company management.
The company desires to protect its investment of time and expense
devoted to employee orientation and training whenever that goal
is in the company's best interests. The company expressly
reserves the right to discharge "at will." Even if corrective
counseling is implemented, it may be terminated at the discretion
of management. Management, in its sole discretion, may either
warn, reassign, suspend, or discharge any employee at will,
whichever it chooses and at any time.


The general manager will determine the course of action best
suited to the circumstances.



The general manager may skip one or more of these steps under
appropriate circumstances.

The steps in performance improvement are as follows:


1.  Verbal counseling  As the first step in correcting
unacceptable performance or behavior, the supervisor/manager
should review pertinent job requirements with the employee to
ensure his or her understanding of them. The supervisor/manager
should consider the severity of the problem, the employee's
previous performance appraisals and all of the circumstances
surrounding the particular case. The seriousness of the
performance or misconduct should be indicated by stating that a
written warning, probation, or possible termination could result
if the problem is not resolved. The employee should be asked to
review what has been discussed to ensure his or her understanding
of the seriousness of the problem and the corrective action
necessary. The supervisor/manager should document the verbal
counseling for future reference immediately following the review.


2.  Written counseling  If the unacceptable performance or
behavior continues, the next step should be a written warning.
Certain circumstances, such as violation of a widely known policy
or safety requirement, may justify a written warning without
first using verbal counseling. The written warning defines the
problem and how it may be corrected. The seriousness of the
problem is again emphasized, and the written warning shall
indicate that probation or termination or both, may result if
improvement is not observed. Written counseling becomes part of
the employee's personnel file, although the supervisor/manager
may direct that the written warning be removed after a period of
time, under appropriate circumstances.


3.  Probation  If the problem has not been resolved through
written counseling or the circumstances warrant it, or both, the
individual should be placed on probation. Probation is a serious
action in which the employee is advised that termination will
occur if improvement in performance or conduct is not achieved
within the probationary period.


The general manager will determine the length of probation and
will advise the employee of the specific improvement required in
writing. The probationary notice shall be made a part of the
employee's file. Normally, probation period should be at least
two weeks and not longer than 60 days.

The general manager should personally meet with the employee
to discuss the probationary letter and answer any questions. The
employee must acknowledge receipt by signing the letter.


On the defined probation counseling date or dates, the employee
and general manger will meet to review the employee's progress in
correcting the problem which led to the probation. Brief written
summaries of these meetings should be prepared with copies
provided to the employee.


At the completion of the probationary period, the general manager
will determine whether the employee has achieved the required
level of performance and consider removing the employee from
probation, extending the period of probation, or taking further
action. The employee is to be advised in writing of the decision.
Should probation be completed successfully, the employee may be
commended, though cautioned that any future recurrence may result
in further disciplinary action.


4.  Suspension  A two or three day suspension without pay may be
justified when circumstances reasonably require an investigation
of a serious incident in which the employee was allegedly
involved. A suspension may also be warranted when employee
safety, welfare, or morale may be adversely affected if a
suspension is not imposed. In addition, suspension without pay
for up to three consecutive working days may be imposed for such
proven misconduct as intentional violation of safety rules,
fighting, or drinking alcohol on the job. These examples do not
limit management's use of suspension with or without pay in other
appropriate circumstances, such as the need to investigate a
serious incident. In implementing a suspension, a written
counseling report should set forth the circumstances justifying
the suspension. Such a report shall become part of the employee's
personnel file.


5.  Involuntary Termination  The involuntary termination notice
is prepared by the general manager. The employee is notified of
the termination and all keys, passes and other materials are to
be turned in, and final pay given.


Involuntary termination is reserved for those cases that cannot
be resolved by corrective counseling or in those cases where a
major violation has occurred which cannot be tolerated.



The following definitions and classification of violations, for
which corrective counseling, performance improvement, or other
disciplinary action may be taken, are merely illustrative and not
limited to these examples. A particular violation may be major or
minor, depending on the surrounding facts or circumstances.


1.  Minor violations  Less serious violations that have some
effect on the continuity, efficiency of work, safety, and harmony
within the company. They typically lead to corrective counseling
unless repeated or when unrelated incidents occur in rapid
succession. Here are some examples of minor violations:


Excessive tardiness;


Unsatisfactory job performance;


Defacing company property;


Interfering with another employee's job performance;


Excessive absenteeism;


Failure to observe working hours, such as the schedule of
starting time, quitting time, rest and meal periods;


Performing unauthorized personal work on company time;


Failure to notify the supervisor/manager of intended absence
either before or within one hour after the start of a shift;


Unauthorized use of the company telephone or equipment for
personal business.


2.  Major Violations  These more serious violations would include
any deliberate or willful infraction of company rules and may
preclude continued employment of an employee. Here are some
examples of major violations:


Fighting on company premises;


Repeated occurrences of related or unrelated minor violations,
depending upon the severity of the violation and the
circumstances;


Any act which might endanger the safety or lives of others;


Departing company premises during working hours for personal
reasons without the permission of the supervisor/manager;


Bringing firearms or weapons onto the company premises;


Deliberately stealing, destroying, abusing, or damaging company
property, tools, or equipment, or the property of another
employee or visitor;


Disclosure of confidential company information or trade secrets
to unauthorized persons;


Willfully disregarding company policies or procedures;


Willfully falsifying any company records; or


Violation of the computer crimes laws of the United States, the
state of @175 and other pertinent jurisdictions.


Violation of the corporate policy on customer privacy and
computer security.


Failing to report to work without excuse or approval of
management for three consecutive days.



REIMBURSEMENT FOR OTHER EXPENSES


Under most circumstances employees should not incur expenses
on behalf of @001. However, in emergencies expenses of no more
than $ 50.00 may be incurred by employees, and will be reimbursed
upon presentation of detailed receipts. In all cases, bona fide
attempts must be made to reach the general manager for approval.


RELATIVES


@001 permits the limited hiring of relatives of current
employees. Relatives include the immediate family of the
employee. Generally, relatives will not be placed so that they
are supervised by another relative.



SEXUAL HARASSMENT


@001 will not allow any form of sexual harassment or any such
conduct that has the purpose or effect of interfering with an
individual's work performance or creating an intimidating,
hostile, or offensive work environment.


Such conduct, when experienced or observed, should be reported
immediately to the office manager or general manager. The privacy
of the employee filing the report and the employee under
investigation shall be respected at all times.


Any intentional sexual harassment is considered to be a major
violation of company policy and will be dealt with accordingly by
corrective counseling, or suspension or termination, depending
upon the severity of the violation.


@001 will provide a work environment free from all forms of
sexual harassment including posters or signs. Considerate adult
judgment is required and expected. All employees are expected to
be sensitive to the individual rights of their co-workers.


SMOKING


No smoking will be allowed in the office area at any time. This
policy is for the health and safety of all employees. Smoking
will be permitted out of doors.


SOFTWARE USE POLICY


Unless prior approval is obtained only software which is owned,
developed by @001 or licensed by @001 can be used. No personal
software may be used on projects for the BBS without advance
prior approval of the general manager. Prior to making such
approval, the employee must provide the general manager with
proof of ownership and proof of license terms permitting the use
of the software for the intended purposes.


TERMINATIONS


Terminations are to be treated in a confidential, professional
manner by all concerned. The supervisor, department manager, and
personnel department must assure thorough, consistent, and
evenhanded termination procedures. This policy and its
administration will be implemented in accordance with the company
equal opportunity statement.


Only employees with 15 or more years of service with the company,
are qualified to receive sick or personal leave payout.


Employment with the company is normally terminated through one of
the following actions:


1.  Resignation  voluntary termination by the employee;


2.  Dismissal  involuntary termination for substandard
performance or misconduct.



Resignation


An employee desiring to terminate employment, regardless of
employee classification, is expected to give as much advance
notice as possible. Two weeks or 10 working days is generally
considered to be sufficient notice time.


Should an employee resign to join a competitor, if there is any
other conflict of interest, or if the employee refuses to reveal
the circumstances of his or her resignation and the future
employer, the general manager may require the employee to leave
the company immediately rather than work during the notice
period. This is not to be construed as a reflection upon the
employee's integrity but an action in the best interests of
business practice. When immediate voluntary termination occurs
for the above reasons, the employee will receive pay "in lieu of
notice," the maximum being two weeks of pay based upon a 40-hour
workweek at the employee's straight-time rate or salary.


Dismissal


1.  Substandard Performance  An employee may be discharged if his
or her performance is unacceptable. Ordinarily, the general
manager shall have counseled the employee concerning performance
deficiencies, provided direction for improvement, and warned the
employee of possible termination if performance did not improve
within a defined period of time. Documentation will prepared by
the general manager shall include reason for separation,
performance history, corrective efforts taken, alternatives
explored, and any additional pertinent information.


2.  Misconduct  An employee found to be engaged in activities
such as, but not limited to, theft of company property,
insubordination, conflict of interest, or any other activities
showing willful disregard of company interests or policies, may
be terminated in the discretion of the general manager.


Termination resulting from misconduct shall be entered into the
employee's personnel file. The employee may be provided with a
written summary of the reason for termination. No salary
continuance or severance pay will be allowed.


The employee will pick up his or her final payroll check from the
general manager at the time of the exit interview. The final
check shall include all earned pay and any expenses due the
employee.


WORK SCHEDULE


Each employee's work schedule shall be determined by consultation
with the general manager. The work schedule shall be committed to
writing and a copy placed in the employee's file. @001 shall be
entitled to change work schedules to accommodate business needs.



Date: @400 Version: @401 Approved by: @402






_____________________________________________________