Page 46 - GIADA-Feb-2018-Final

LEGAL THE CARLAWYER ©

Continued from page 42 Perhaps most importantly you need to Continued from page 40
lawsuits, government actions, and make sure you and your managers know The court concluded that the fact that
enforcement actions, etc. But manuals the policies and follow the handbook. Wholesale Auto called the Hands twice in
don’t only help you deal with these type Take action when you need to. Using the Alabama and allegedly made fraudulent
issues they, in fact, might even prevent a handbook to deal quickly with employee statements during those calls was
lawsuit. issues reinforces your intent to be fair and insufficient to establish personal jurisdiction
your intent to follow the handbook. If over Wholesale Auto because the Hands
If you have an employee manual already, you just create a handbook and put it on initiated the contact, consummated the
there is more to do… Hopefully, you had a shelf or in a drawer you don’t get any of transaction in Tennessee, and were only
an attorney prepare the manual or at least the benefits so pull it out, dust it off, make injured in Alabama by bringing the car to
the framework to make sure the language sure everyone has read it and follow it. that state.
is adequate to protect your dealership, to
clarify conflicting or confusing language, Revisit the handbook periodically. Laws Hand v. Wholesale Auto Shop, LLC, 2018
and to look for looming legal issues. For change, you change what you want to U.S. Dist. LEXIS 2138 (N.D. Ala. January 5,
example, your attorney can help you craft do and how you want to motive your 2018)
language that won't make employees dealership’s employees, and as such you
think they have a job for life and make it need to keep the handbook updated. So, there’s this month’s roundup! Stay legal,
clear that the employee manual does not Update policies that have changed, for and we’ll see you next month. n
limit your rights to make your offering example the Georgia Family Care Act that
“employment at will.” was signed into law May 8, 2017. If you Tom (thudson@hudco.com) is Of Counsel
change a policy, if the laws change or if you and Nikki (nmunro@hudco.com) is a
You also need to make sure that your change enforcement and you don't change Partner in the law firm of Hudson Cook,
manual is properly communicated to the handbook, you're inviting legal issues. LLP. Tom has written several books and is the
your employees. Make sure all current publisher of Spot Delivery®, a monthly legal
employees know about the handbook An employee handbook will not solve all newsletter for auto dealers. He is the CEO of
and that it is available to them. Also, give your employee problems but it will let CounselorLibrary.com, LLC and the Editor
each employee a copy. Don’t forget to your employees know what to expect and in Chief of CARLAW®, a monthly report
get a signature so you can show that all help reduce your exposure to legal issues of legal developments for the auto finance
employees have received their copy and related to employees. If you would like and leasing industry. Nikki is a contributing
better yet, get each page initialed. If you to discuss the creation of a plan for your author to the F&I Legal Desk Book and
are a large dealer, put a copy up on the dealership or updating your employee frequently writes for Spot Delivery®. For
company website and remind employees policy, please don’t hesitate to email me at information, visit www.counselorlibrary.
about specific policies. In other words, eric.gregory@thegregorylawgroup.com. n com. © CounselorLibrary.com 2018, all
make sure there's no way an employee rights reserved. Single publication rights
can plead ignorance of the policies and only, to the Association. (2/18). HC/4816-
procedures in the manual. 3298-5692v1.

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• Representation: We have Georgia General Assembly lobbyists and a Political Action Committee so that your voices will be
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44 | GIADA Independent Auto Dealer FEBRUARY 2018