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Image of horse on UMD campus farm. Image by Edwin Remsberg

1. Welcome!

Intro to the farm (*a must-have section*)

Give a basic introduction to your farm in this section, choosing language to convey how you want your employees to view the farm and its products. You may want to describe who the farm owners/managers are, where fields and work areas are located, what crops/products are produced at the farm, where the farm sells its products, and any other key details you want your employees to know about your farm, its mission, its values and standards, and/or the overall tone you want to set for your employees.

Sample language: 

Welcome to the farm! We are glad you joined our team and look forward to working with you. We highly value all our employees and take pride in striving to maintain a positive work environment that consistently meets both the needs of the farm business and each of our employees. We all depend on one another to achieve this – each of our contributions to the farm team is key to creating a sustainable and profitable farm business and maintaining a respectful, fun, productive, and fulfilling workplace.

The farm was founded in 1995 by Rosemary Farmer, and in 2005, Basil Farmer joined the farm as co-manager. We currently produce vegetables, tree fruit, herbs, and hay on 60 acres of land in Hadley and Hatfield (see our field map in the appendix). We sell our vegetables, fruit, and herbs both at our farm store and via wholesale to grocery stores throughout the Mid-Atlantic. Our main wholesale crops include winter squash, sweet corn, apples, tomatoes, bok choy, rosemary, and basil, plus we grow smaller quantities of around 30 crops for our farm store and farmers’ markets. We are proud of our farm’s reputation for high-quality produce, and we strive to provide the Mid-Atlantic region with the freshest and healthiest produce, grown in a manner that sustains our land, all of us who work on the farm, and our local community.

About this manual (*a must-have section*)

The purpose of this section is to lay out key guidelines for understanding the information in the manual. Most employment attorneys strongly advise employers to include a prominent statement on the first page of an employee manual that alerts employees to two things: 1) that the manual is not an employment contract, and 2) that the manual can be freely modified at any time, and without notice, by the employer. These are key statements to include, provided you do not want your manual to create new legally binding obligations for the farm. 

Note that a manual with these statements should not be used to create legally binding obligations for your employees. Some employers, for example, request that employees sign non-compete, confidentiality, or non-disclosure agreements as a condition of employment. In our experience, such contractual agreements are rarely used on local farms. Still, if you are considering entering into any agreements such as these with your employees, you should not include these as sections in your employee manual. Instead, you should make these separate agreements and consult with an attorney to ensure you understand the legal requirements of such agreements.

Sample language: This employee manual will help you learn more about our farm and the policies, expectations, and benefits of working here. Please keep in mind that this manual contains only general information and guidelines. It is not an employment contract, nor is it intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. Since our farm business is subject to change, we reserve the right to change the policies and other information described in this handbook at any time, with or without notice. For these reasons, if you have any questions or would like more information regarding the applicability of any policy or practice or your eligibility for a particular benefit, please ask your supervisor or the farm manager. The farm’s management is responsible for the final interpretation of all provisions in this manual. We always welcome your questions – now or at any time during your employment at the farm!

At-will employment (*a must-have section if you have at-will employees*)

This statement is designed to reinforce employees’ understanding that the employee manual is not an employment contract – and in particular, that the manual does not create a guarantee of employment, nor does it require any particular steps to be taken before firing employees. Some attorneys advise that a statement reinforcing the “at-will” status of employees be included both on the cover of the manual and the first page in bold typeface – and on the acknowledgment page if you have one – to add extra insurance so that employees will see the statement. At-will employment status not only protects employers’ right to fire employees at any time, but it also protects the employees’ right to quit their job at any time – so farms cannot, for example, legally require their at-will employees to commit to a full season of work or to give two weeks’ notice before leaving their job.

 

In some cases, employers may intentionally choose to give up the flexibility of at-will status because they want to attract certain employees by promising greater job security or require their employees to commit to specific terms of employment in return (such as with H-2A visa employees). This is similar to a landlord’s decision to enter into a year-long lease agreement with tenants instead of a month-to-month rental agreement. Some employers also willingly give up their employees' at-will status to find employees willing to sign non-compete provisions or other agreements as conditions of their employment. Any decisions to limit at-will employment at your farm should be made intentionally and with a full understanding of the legal implications. 

Sample language: Unless it is expressed in a separate written contract signed by the farm owner, your employment at this farm is “at will.” This means you enter into employment at the farm voluntarily and are free to resign at any time, for any reason or no reason. Similarly, the farm is free to conclude its relationship with any employee at any time for any reason or no reason, with or without advance notice. Though you may leave your job “at will,” we ask that you give us at least two weeks’ notice before leaving if possible, and we will likewise attempt to give you at least two weeks’ notice if appropriate before ending employment. 

Equal opportunity statement (*a must-have section*)

This section is important to convey to employees that the farm will not discriminate against employees based on any legally protected characteristics. This is also an opportunity to concisely and prominently state that the farm (and the law) prohibits any harassment of employees based on these characteristics.

Sample language: The farm is an equal opportunity employer committed to providing a work environment free of discrimination and harassment. All employment decisions at the farm are based on business needs, job requirements, and individual qualifications, without regard to race, color, religion, national origin, ancestry, sex, sexual orientation, gender identity or expression, pregnancy, age, disability, genetics, and active military or veteran status, or any other basis protected by applicable federal, state, or local laws. The farm also prohibits harassment of applicants or employees based on these protected categories.

 

Last Page: Guidelines for Delaware and Maryland Ag                                         Next Page: General Employment Information

This material is based upon work supported by USDA/NIFA under Award Number 2021‐70027‐34693, and is funded by the NE Risk Management Education Center.

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