What if company policy as stated in the employee handbook conflicts with state law?

Get Legal Help Today

 Secured with SHA-256 Encryption

What if company policy as stated in the employee handbook conflicts with state law?

I have questions regarding employees rights. I recently just received this years handbook and compared it to last years handbook. I notice there are a lot of changes and more stricter policies that does not seem fair. For examples. It is stating in the previous hand book that if you are out for 3 or more days due to illness then you will have to bring in a doctor’s note. Now in the new handbook it states that if you miss 1 day that you will have to submit a doctor’s note. That is not correct based off of state aw. I feel as if the handbook is based off the company’s own polices which could lead to legal matters. I want to make sure my rights are protected as an employee. What should be done at this point?

Asked on February 23, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No company policy can violate state law; state law overrules company policy (or, for that matter, contracts, including employment contacts, and including  also the "implied contracts" sometimes found to be created by employee handbooks). Note, though, that it is NOT the case that state law has to specifically authorize a company to do something, as a general matter; rather, a company's actions or policies are typically legal unless actually against or banned by law. Note also 1) a company is not bound to follow the same policy(ies) as it has in the past--it may change them, even radically; and 2) fairness is completely irrelevant.

Therefore, unless state law specifically makes it illegal to ask for a doctor's note after 1 day, the company could do this


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption