In Colorado, as in many states, an employer is permitted but not required to have personnel policies and procedures beyond those required by state or federal law. If an employer decides to adopt personnel policies and procedures, an experienced employment lawyer should be consulted to develop and draft those policies and procedures. Failure to observe legal requirements can result in the employer losing the right to make certain decisions without liability.
For example, in Colorado employment is generally at-will, which means that at employee may be fired for no reason or for any reason, as long as the reason is not illegal, such as discrimination. An employer can lose the at will employment status by failing to take steps to preserve that status in the personnel policies and procedures.
Additionally, personnel policies and procedures should be periodically reviewed, to ensure that they are up to date with recent legal developments.
If you are considering adopting or revising personnel policies and procedures Burg Simpson can help you make the right choice.