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June, 2011

St. Xavier del Balzac  

Saint Xavier del Bac, Tucson

courtesy of Mike Hickey




Employee Manual

Client Spotlight

Attorney Spotlight






Affirmative Statements to Avoid

Computer Usage 

Receipt and Acknowledgment 



Expectations and Scope of Benefits

Client Spotlight


 For over 25 years, Tempe-based Aztech Converting Systems has been a leading designer and manufacturer of innovative, high quality and versatile Modular Rotary Die Cutting Systems, Slit and Rewind Inspection Equipment, Modular Unwind and Rewind Stations, and an extensive line of Roll Material Handling Products.  


Originally founded in Scottsdale in 1984 as Product Search Inc. as an engineering company, AzTech has steadily earned their solid reputation as a provider of  innovative and invaluable solutions to the many difficult tasks bestowed on today's competitive and demanding roll to roll printing and converting market. 


AzTech distributes their products worldwide, in part exhibiting at numerous trade shows held throughout the United States, as well as the industry-leading Label Expo Europe Exhibition held every other year in Brussels, Belgium. 


AzTech employs their own precision multi-axis machine shop and metal fabrication to best control the quality, cost and lead time of their products and components, and has from the outset to manufacture and service all of their products right here in the United States.  AzTech continues to evolve by constantly upgrading their extensive product line to keep up with the ever changing market and continues to introduce new products that are certain to be incorporated in the printing and converting industry for years to come.

For further information, feel free to contact Derek Bradshaw at

or call at 480-951-8351.




AzTech Converting Systems
AzTech Converting Systems Plant



LAT CELMINS, one of the firm's founders, specializes in real estate law, complex commercial litigation, transportation matters, municipal law, general commercial law and corporate law.  Lat graduated with a Bachelor of Science Degree from the University of Michigan in 1965 and received his Law Degree cum laude from Wayne State University in 1969.  He is admitted to practice before U.S. Federal Court, many U.S. Federal Courts of Appeal and the U.S. Supreme Court.  Lat was employed for 15 years as Senior Attorney for the Greyhound Corporation.  He has testified before U.S. House and Senate Committees and presented winning arguments in numerous U.S. Courts of Appeal.  

With the economy and the Phoenix metropolitan area real estate market being what it is, Lat has focused on short sales, trustee sales and real estate workouts.  In this difficult economic climate, Lat has been able to assist in structuring positive resolutions to complex economic and legal matters.


We recognize the importance of our clients' trust, and keeping our clients' information confidential is a high priority.  We do not disclose any personal information about our clients.  Lawyers have been and continue to be bound by professional standards of confidentiality. 


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This newsletter is for informational purposes only.  Legal advice is provided only through a formal attorney/client relationship. 

Margrave Celmins, P.C.
8171 E. Indian Bend Rd., #101
Scottsdale, Arizona 85250

This month we feature an article about the necessity of an employee manual.

AzTech Converting Systems is our client highlighted in this issue.  They manufacture equipment that other manufacturers use to produce some of your most common and useful household paper and film products, as well as products to reduce debilitating workplace injuries and material damage.

Just a reminder that we've added Facebook to our social media network.  And new articles are posted on our blogs every couple of weeks that discuss estate planning, personal injury, business law, litigation and real estate issues.  So visit often. 

See the links below in "About Our Law Firm" to take you directly to our revised website and links, as well as any of our blogs.

If you want to be alerted to one of our new blogs in any specific area, please sign up on the Twitter link below, and you will receive a notification that you may link to if the subject interests you.

As always, if you see something a friend or business associate might find useful, please feel free to forward this newsletter to them.  And if you have any thoughts to share, please contact our editor Patty Copeland at

Michael Margrave
Margrave Celmins, P.C.



The subject of employment manuals usually rises when the number of employees in an enterprise grows to a point where management decides it would be helpful to employee relations to codify and publish certain company policies and procedures.  Also, an existing manual may need updating.  The manual is the company's general statement of what it expects from its employees and the scope of benefits it provides.  If management deems a manual would be helpful or modifications to a current manual are advisable, a review of the reasons for and the adoption of a manual need to be undertaken.  Several requirements and limits must be analyzed in any review process.


Contents of a manual should not be expansive.  However, the regulations and realities of the workplace must be addressed.  There are no limits placed upon the contents of an employee manual.  Certain legal realities make it necessary that an employee manual state the employer's position concerning the "at will" nature of employment with the enterprise.  If appropriate, employment subject to a collective bargaining agreement must be addressed.  The company must state it is an equal employment opportunity employer.  Certain legally prohibited discriminatory activities should be described, along with the employer's commitment to ensure compliance.  The employees are expected to fully comply.

As examples, certain requirements are set out in Title VII of the Civil Rights Act, the regulations of the EEOC, the ADA and FMLA, among other state and federal requirements.  A harassment prohibition must also be stated.  Prohibited employee behavior falling under the scope of Title VII of the Civil Rights Act and related federal regulations raises particular problems for the employer.  An employer can only police prohibited behavior that is known.  Therefore, the employee manual should unequivocally state that any workplace behavior that violates the prohibition of Title VII and federal regulations addressing discrimination/harassment must be reported immediately to management for evaluation and, if necessary, appropriate remedial action.


The manual is a method to inform and give notice to the employees in a general way the goals and major understandings expected by management.  Also, the manual should point out the expected general behavior of the employees.  This should not be an extensive list of "do's and don't's" or a long list of commandments.  A general statement that the employer expects loyalty and punctuality on the part of its employees is a starting point.

AffirmativeAffirmative Statements to Avoid 

Affirmative statements such an "employees will be treated in a fair and equitable manner" cannot be contained in an employee manual.  The company should avoid any affirmative, "feel good" statements.  In cases of employment litigation, the employee manual will be the first document to be examined for possible failures of the company to follow its own published rules and procedures.  Without careful drafting, the employment manual may even rise to the stature of a defacto employment contract.  This possible eventuality may not be actually avoided, but must be minimized to the greatest degree possible, yet allowing both the employees and management to achieve a harmonious working environment.

ComputerComputer Usage 

The employment manual should state the company's position concerning computer usage.  Emails, along with all other contents of workplace computers, are the company's property and may be examined at any time by company-authorized representatives.  The employees will be placed on notice that they should not expect privacy in the workplace concerning their use of company property.


ReceiptReceipt and Acknowledgment

When the employee manual is delivered, the employee will be required, by signature, to accept receipt and acknowledge that the employee will comply with its provisions and any revisions.


An employment manual should be relatively brief.  It is a product resulting from input by key management members and, if practicable, one or more employee representatives.  The manual cannot be a rule book expected to cover all employee activities, just the most important ones.  The manual must be crystal clear on the issue of "at will" employment and the company's authority to discharge its employees for any lawful reason or no reason whatsoever.  (This, of course, covers employees who are not subject to a collective bargaining agreement.)


The foregoing is provided for informational purposes and must not be construed or used as general legal advice.  Laws vary from state to state, and no representations are intended or made as the applicability of enforceability of any statements herein in any selected state.  


Currently of counsel to the Firm, Brownell K. Boothe specializes in corporate and employment law. 


For more information on this subject, contact Michael Kitchen at or B. K. Boothe at 

About Our Law Firm 

Margrave Celmins is a member of LawPact, which is an association of independent, business-oriented law firms in the U.S. and overseas.  Currently there are 54 member firms.  This is a terrific resource for clients who have legal matters in other states and abroad.  There are 28 states and 23 countries represented by member firms throughout Europe and in Canada, Mexico, Brazil, Argentina, India, Hong Kong and Australia.


Margrave Celmins, P.C.

8171 E. Indian Bend Rd., #101

Scottsdale, Arizona   85250




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