use of non-compete and non-disparagement provisions with an employee at the time of separation. While it is not the purpose of this article to explain the details of these new laws and opinions, please understand that these considerations should be addressed by counsel reviewing your handbook. Importantly, a handbook should be drafted to accommodate and recognize your dealership’s culture and managerial style. While employment laws can require very specific employee rights, on the other hand, there are many areas where an employer can have and maintain significant flexibility. To close, please be careful about the old adage, “We’ve always done it this way.” I promise you, this is not a legal defense. Please take the time to periodically review and update your handbook. As always, the association and I are available to assist with any questions you may have and in preparing a handbook. Have a great summer. It is a best practice that handbooks be reviewed approximately every two to three years to make sure that they are meeting current legal requirements and updates. WVADA News 13
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