By Tamsin Kaplan
Every cannabis employer should have in place an employee handbook tailored to meet the needs of its business goals and workplace culture, and to ensure compliance with all applicable state and federal laws.
A well-crafted employee handbook will support the success of your cannabis business and a healthy workplace environment, save administrative time, and reduce the risks of legal claims and liability. It is important to understand the many advantages and purposes of an effective employee handbook customized to your company, and to be aware of the risks of “off the shelf” handbooks. Some of the most important benefits of a high-quality handbook include:
While it is tempting for an employer to quickly and cheaply put into place one of the myriad of employee handbooks available on the Internet, to do so is a grave mistake. In most cases, it is better to have no handbook at all than a handbook that has not been thoughtfully prepared and maintained specifically for your unique business needs. For a handbook to accomplish its purpose, and for you as the employer to reap the benefits outlined above, it is essential that your handbook be tailored to the needs and characteristics of your cannabis business and reviewed on a regular basis to ensure compliance with new and ever-changing state and federal employment laws.
Experienced employment counsel can work with you to insure against:
The main legal pitfall associated with employee handbooks is the increased risk of an employee claiming the employer’s handbook is an express or implied contract, limiting the employer’s ability to terminate the employee or creating other contractual obligations.  Following are important guidelines to retain discretion, preserve the at-will employment relationship, and avoid unintended legal obligations:
Do not include in your handbook any policies that are intended as enforceable contracts, such as non-competition, non-solicitation, confidentiality, or trade secret agreements.
Cannabis businesses have a great deal to gain by adopting and maintaining an effective, high-quality employee handbook, and possibly even more to lose if they don’t. When designed properly, an effective policy handbook can protect your business, support a productive workplace culture, save administrative time, and ease concerns of employees by creating clear expectations.
Tamsin R. Kaplan is a shareholder at the Boston law firm of Davis, Malm & D’Agostine, P.C., practicing in the business, employment, and litigation areas. She has extensive experience representing businesses, executives, and other high level professionals on a full range of employment-relates issues, including recruitment, hiring, discrimination, negotiation of employment agreements, breach of contract, non-competes, discipline, termination, and reductions in force. Tamsin regularly litigates business and employment cases in federal and state courts and agencies. She frequently conducts workplace investigations and trainings on diversity, harassment, and other topics. Tamsin has been recognized by Best Lawyers in America and Chambers USA, and is listed as a Massachusetts Super Lawyer.
Your email address will not be published. Required fields are marked *
Name *
Email *
Website
Save my name, email, and website in this browser for the next time I comment.
Comment *
Notify me of follow-up comments by email.
Notify me of new posts by email.
Δ
Japan’s cannabis market expanded sixfold over four years to ÂĄ24 billion ($154 million) in 2023, a trend that is expected to accelerate with the amendment in December of cannabis laws,…
Los Angeles-based Ispire Technologies (NASDAQ: ISPR) is a three-year-old company built on the foundation (and reputation) of a global enterprise with many years of experience as an ODM (original design…
Sacramento is one of the best cities in the nation for cannabis fans, according to a new study. Real Estate Witch and Leafly, an online cannabis guide and marketplace, analyzed…
For the last two years, people have been able to stroll into New Jersey dispensaries to buy weed. But growing your own cannabis plant remains a third-degree felony. Despite a growing…