Chapter 9 of 9
As you know by now, TEN7 thrives on speaking clearly. This also means including legal language when necessary. The next portion of this handbook includes the formal policies we abide by.
The policies in this handbook do not create a contract between TEN7 and the team, or any contractual obligation by TEN7. The items discussed in this handbook supersede all existing policies, practices and representations, whether verbal or written. The details of the handbook have been developed at the discretion of management and, except for its policy of employment-at-will, may be amended or cancelled at any time, at TEN7’s sole discretion. The only policy that isn’t subject to change is our employment-at-will policy permitting you or TEN7 to end our relationship for any reason, at any time.
At-Will Employment Status
Employment with TEN7 is voluntarily entered into and you’re free to resign at any time, with or without notice or cause. Similarly, TEN7 may terminate the employment relationship at will at any time, with or without notice or cause. It would be nice if you could provide at least two weeks notice of resignation and we will do the same, depending on circumstances.
Equal Employment Opportunity/Civil Employment Right Protection
TEN7 is committed to equal employment opportunity, advancement, and protection of civil employment rights of all qualified applicants and current team members regardless of legally protected characteristics such as race, color, creed, sex, age, national origin, religion, citizenship, marital status, pregnancy, sexual orientation, disability, application or membership (current or past) in the uniformed services, status with regard to public assistance, membership or activity in a local civil rights commission, or any other class status protected by law (the “Protected Class”). TEN7 does not discriminate against or tolerate harassment of any team member or applicant because of non-job-related factors. This commitment pertains to all team members and the entire personnel system: recruitment, hiring, promotions, training, discipline, layoffs, separation, compensation, benefits, and any other privileges, terms and conditions of employment. All TEN7 team members are expected to act in a manner that supports this policy. Discriminatory behavior or actions by any team member toward others is grounds for dismissal.
Also, note that Minnesota has specific requirements that prohibit employers from mandating a retirement age if the employer has more than 20 employees.
TEN7 prohibits retaliation against a team member who (a) opposes any of the above-referenced practices forbidden by civil employment rights statutes, (b) files a charge, testifies, assists or participates in any manner in an investigation, proceeding or hearing under an employment rights statute or regulation, or (c) is or has associated with a person or group of persons who are disabled or who are members of a Protected Class. Questions about this policy or concerns about compliance with this policy by any member of the organization should be directed to [email protected].
All employees deserve a work environment free from offensive behavior and harassment, including sexual harassment, which undermines morale and interferes with productivity. TEN7 prohibits offensive behavior or harassment based on Protected Class Characteristics (e.g. race, sex, age, national origin, religion, citizenship, sexual orientation, disability, veteran or public assistance status, or membership or activity in a local commission, any other class status protected by law. Offensive behavior prohibited under this policy includes orders or requests to engage in illegal, immoral, or unethical conduct, or any act of retaliation against any person who objects to or resists prohibited offensive behavior or harassment, who complains of a violation of the law or this policy or cooperates in an investigation of a claimed violation of law or this policy. Offensive behavior also includes false allegations of violations of this policy.
The act of harassment can occur with a single incident or through a pattern of behavior, and the act of harassment need not be intentional. Harassment can result from a broad range of actions that might include, but not be limited to, the following:
- Physical or mental abuse
- Racial insults
- Derogatory ethnic jokes
- Religious slurs
- Display of obscene or offensive materials
- Derogatory remarks or activities about disabilities
One form of prohibited harassment is sexual harassment. Unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct and all other unwelcome verbal or physical conduct or communication of a sexual nature constitute sexual harassment when:
- Submission to such conduct is made, either explicitly or implicitly, a term or condition of employment
- Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment
- Submission to or rejection of such conduct interferes with an individual’s job performance
- Such conduct has the purpose or effect of creating an intimidating, hostile, or offensive working environment.
If a team member feels harassed or offended by another team member, a customer, a vendor or any other person he or she encounters during employment, or if a team member observes such conduct directed at another employee, the team member should notify [email protected]. Leadership who suspect or are informed of an incident of offensive behavior or harassment, no matter how minor it may appear, must take action immediately. Nothing in this policy prevents a team member from pointing out the offensive behavior to the offending individual, citing this policy, and demanding that it stop immediately and not recur.
TEN7 will investigate all complaints and allegations of which it is made aware. TEN7 will determine the proper scope of the investigation and who will conduct it. Investigations will be conducted promptly, fairly, completely, and as discreetly as possible. While TEN7 will strive to keep matters as confidential as possible, it must be understood that due to the requirement to investigate all complaints, complete confidentiality may not be possible. The determination of whether conduct is subject to disciplinary action is based on all the facts and circumstances surrounding the incident and will determine the response, which may include disciplinary action (up to and including termination) against the offending individual.
Any form of retaliation or reprisal against an individual who reports or assists in the investigation of a complaint is strictly prohibited. Violations of this policy will subject the offender to disciplinary action up to and including termination. Please keep in mind that TEN7 can only resolve harassment issues of which it is made aware.
Immigration Law Compliance
TEN7 is required to comply with its legal obligation to employ only United States citizens and aliens who are authorized to work in the United States. We do not unlawfully discriminate based on citizenship or national origin. Each new team member, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 and present documentation establishing identity and employment eligibility. Former team members who are rehired must also complete the form if they have not completed an I-9 with TEN7 within the past three years, or if their previous I-9 is no longer retained or valid.
TEN7 participates in E-Verify and will provide the federal government with your Form I-9 information to confirm that you are authorized to work in the U.S. If E-Verify can’t confirm that you’re authorized to work, TEN7 is required to give you written instructions and an opportunity to contact the Department of Homeland Security (DHS) or Social Security Administration (SSA) so you can take steps to resolve the issue. If the issue is not resolved in the required time, this may be cause for termination. TEN7 is only authorized to use E-Verify once you’ve accepted a job offer and completed the Form I-9.
Personnel File Access Policy
TEN7 keeps personnel files on all team members. The personnel files include employment-related documentation such as your resume, wage or salary history, direct deposit information, health insurance information, PTO records, and background check information.
Personnel files are the property of TEN7. You have the right to periodically review your own personnel file. If you wish to review your file, send an email to [email protected].
Termination of Employment
In accordance with the “at-will” status of all TEN7 team members, we retain the right to discharge or release any member at any time and for any reason not prohibited by law. It’s sometimes necessary to release a team member because of poor performance, attendance or punctuality, misconduct, reductions in staff or other business reasons. Upon termination, you’ll meet with a team member and discuss various matters (e.g., 401(k) plan and COBRA options) and return all company property to TEN7 within 14 days of termination.
Employees age 65 or older will be provided 30-days’ notice if the termination is because they can no longer meet job requirements.
Workers’ Compensation (Occupational Injury or Illness) Leave
TEN7 provides workers’ compensation insurance at no cost. It is every team member’s responsibility to report any accidents or job-related illnesses or injuries immediately. Failure and/or untimely reporting of work-related injuries may result in a loss of rights under workers’ compensation benefits. Even if you do not seek medical attention, you must report all work-related illness and/or injuries. Subject to applicable legal requirements, workers compensation insurance may provide benefits if the team member requires medical attention or lost work hours due to the injury. Workers compensation benefits provide temporary disability benefits equal to a portion of the team member’s gross weekly wage with a maximum weekly rate cap based on the state of residence.