Max Tax Holdings Inc. Max Tax Holdings PA Inc. Max Tax Holdings GA Inc.
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Max Tax Holdings Inc. Max Tax Holdings PA Inc. Max Tax Holdings GA Inc. doing business as Employee Handbook Tax Season 2020 THIS HANDBOOK CONTAINS NO PROMISE OF ANY KIND – REGARDLESS OF ANYTHING CONTAINED IN THIS HANDBOOK, THE COMPANY RESERVES THE RIGHT TO MODIFY OR DELETE POLICIES WITHOUT PRIOR NOTICE. THIS IS NOT A CONTRACT OF EMPLOYMENT AND DOES NOT ALTER OR CHANGE THE AT-WILL NATURE OF EMPLOYMENT. 1 | Page Updated September 2019
ABOUT MAX Max Yutsis currently resides in New York, NY Mission: Max’s goals are to improve performance and efficiency of the acquired firms. The tools are planning, organizing, staffing, and controlling an organization in order to optimize the client experience and maximize profits. Summary: Current owner and operator of 39 Jackson Hewitt franchise locations through acquisition. 16 of those locations are in Rochester, NY. 17 locations are in and around Philadelphia, PA. 6 are in southern Georgia. Track record in client development, sales processes, and strategy. Immediately responsive to needs and requests. Focus on ensuring quality, operating with the highest level of integrity, and maintaining consistently strong manager and tax preparer relationships. Professional Experience: JP Morgan Investments/ LPL Financial/ Various Wealth Management and Financial Advisory Firms, New York, NY (1996-2014) • Spent approximately 18 years working in financial services in New York, NY • Recruited, trained, and managed over 50 financial advisor trainees • Intimately acquainted with the retail sales process Consulting Work • Microsoft — Consultant, Developer & Platform Evangelism • USAID — Consultant in Almaty, Kazakhstan • Summer Associate, Mergers & Acquisitions — CIT Group Education: University of Michigan, Stephen M. Ross School of Business Master of Business Administration, May 2008 • Emphasis in Strategy, Finance, and Accounting New York University Bachelor of Arts in Economics, 2004 • Cum Laude, 3.75/4.0 GPA • Four-time Dean’s List honoree • Founders’ Day Award: Honor Scholar Additional: 100% Owner of Max Tax Holdings Inc (16 locations in Rochester, NY); 100% Owner of Max Tax Holdings PA Inc (16 locations in Philadelphia, PA); 100% Owner of Max Tax Holdings GA Inc (4 locations) Fluent in Russian, proud film buff, overly-enthusiastic soccer dad. 2 | Page Updated September 2019
WELCOME Congratulations on joining the Max Tax Holdings Inc. Max Tax Holdings PA Inc., or Max Tax Holdings GA Inc. (together, “Max Tax”) team! Max Tax Holdings Inc. independently owns and operates several Jackson Hewitt Tax Service Inc. (“JH”) franchises in New York, while its sister corporations, Max Tax Holdings PA Inc. and Max Tax Holdings GA Inc. independently own and operate several JH franchises in Pennsylvania and Georgia. Based in Jersey City, New Jersey, JH is the second largest tax-preparation service in the U.S. with over 6,000 locations across the country, including mall stores and Walmart kiosks. With over 30 years of experience, JH has become a trusted brand, as evidenced by the more than 2 million returns completed by at JH franchises. The continued growth of Max Tax and JH is driven by hard working, ambitious employees: you are our greatest asset. Max Tax values its employees and aims to offer the best working conditions with open communication between you and all your coworkers, including the management team. Each employee of Max Tax has the ability to individually contribute to our continued success by serving our customers in the most accurate and professional manner. Our success depends on the initiative of each one of our employees to serve our customers to the best of our abilities. We hope that you find this Employee Handbook and the applicable supplement (together, the “Handbook”) informative, but it is not intended to state all of the conditions of employment or principles that will help to guide you in the performance of your duties. Instead, it provides valuable information of certain policies, which are currently in effect. These policies may be modified or amended in an effort to make Max Tax a better place to work. A happy working relationship that will bring personal growth and fulfillment is our wish for you and for all of our team at Max Tax. Thank you for becoming a part of our team! Best, The Max Tax Management Team 3 | Page Updated September 2019
Table of Contents WELCOME ....................................................... 3 INJURIES AND ILLNESSES ...................................20 SMOKING ...........................................................20 DISCLAIMER .................................................... 5 SUBSTANCE ABUSE ............................................20 WORKPLACE VIOLENCE..................................... 21 GENERAL POLICIES ....................................... 6 BUSINESS POLICIES .................................... 22 EQUAL EMPLOYMENT OPPORTUNITY................. 6 REASONABLE ACCOMMODATIONS POLICY ....... 6 CONFIDENTIALITY ..............................................22 ANTI HARASSMENT POLICY ................................ 7 PROHIBITED PRACTICES.....................................22 SECTION 7 OF THE NATIONAL LABOR LOYALTY TO MAX TAX OR JH ..........................23 RELATIONS ACT ................................................... 8 REGISTRATIONS..................................................24 EFIN ..................................................................24 PAYROLL ......................................................... 9 DISCOUNTING....................................................24 EMPLOYEE CLASSIFICATIONS .............................. 9 PROCESSING PAYMENTS ...................................25 WORKWEEK AND BUSINESS HOURS ................... 9 OPENING PROCEDURES ....................................26 PAYDAY................................................................ 9 CLOSING PROCEDURES .....................................26 TIMEKEEPING...................................................... 10 MANAGER ADDITIONAL DAILY DUTIES ............ 27 MEAL PERIODS .................................................. 10 PAPERWORK REDUCTION ACT.......................... 27 ON THE JOB POLICIES................................. 11 COMMISSIONS ................................................... 27 ATTENDANCE...................................................... 11 EMPLOYEE BENEFITS.................................. 28 MILITARY SERVICE LEAVE & REEMPLOYMENT... 11 TRAINING AND EDUCATION .............................28 HOUSEKEEPING .................................................. 12 FREE TAX PREPARATION ...................................28 DRESS CODE...................................................... 13 RECOGNITION ....................................................29 STANDARDS OF CONDUCT .............................. 14 NYS SPECIFIC POLICIES ............................. 30 BACKGROUND CHECKS ..................................... 15 EMPLOYEE OWNED VEHICLES FOR WORK ...... 15 MEAL PERIODS ..................................................30 DISCIPLINARY ACTIONS ..................................... 15 TIME OFF ...........................................................30 SEPARATION OF EMPLOYMENT......................... 16 NY FAMILY LEAVE UNDER WORKERS’ COMP.. 31 INFORMATION TECHNOLOGY ................. 16 PA SPECIFIC POLICIES ................................ 33 IT RESOURCES & COMMUNICATION SYSTEMS 16 TIME OFF ...........................................................33 SOCIAL MEDIA................................................... 19 GA SPECIFIC POLICIES ................................... 35 WORKPLACE SAFETY .................................. 20 TIME OFF..................................................................35 WORKPLACE HAZARDS .....................................20 ACKNOWLEDGEMENT .................................. 36 4 | Page Updated September 2019
DISCLAIMER This Employee Handbook contains information about Max Tax's employment policies and procedures. The policies and procedures in this Handbook are guidelines only. Max Tax reserves the right to interpret and administer the provisions of this Handbook as needed. Except for the policy of at-will employment (which can only be changed in a writing signed by Maxim Yutsis), Max Tax has the maximum discretion permitted by law to change, modify or delete any provision in this Handbook at any time with or without notice. Oral statements or representations cannot supplement, change or modify the provisions in this Handbook. The information contained in this Handbook is strictly limited to use by Max Tax and its employees. The disclosure of this Handbook to competitors is prohibited. Each employee should read and become familiar with the information contained in this Handbook. Failure to comply with these policies or procedures may result in discipline, up to and including termination. The provisions in this Handbook are not intended to in any way create any contractual obligations with respect to your employment. This Handbook supersedes all prior versions. NOTHING IN THIS HANDBOOK NOR ANY OTHER COMMUNICATION BY A MAX TAX REPRESENTATIVE OR ANY OTHER EMPLOYEE, WHETHER ORAL OR WRITTEN, IS INTENDED TO IN ANY WAY CREATE A CONTRACT OF EMPLOYMENT. ONLY A WRITTEN EMPLOYMENT AGREEMENT SIGNED BY MAXIM YUTSIS or KATHERINE MANCHESTER CAN CHANGE THE AT-WILL NATURE OF EMPLOYMENT. MAX TAX HAS THE RIGHT TO TERMINATE THE EMPLOYMENT RELATIONSHIP AT ANY TIME WITH OR WITHOUT NOTICE OR CAUSE. IF YOU HAVE A WRITTEN EMPLOYMENT AGREEMENT SIGNED BY MAXIM YUTSIS or KATHERINE MANCHESTER AND A PROVISION OF THIS HANDBOOK CONFLICTS WITH THE TERMS OF THAT AGREEMENT, THE TERMS OF THAT AGREEMENT WILL PREVAIL. 5 | Page Updated September 2019
GENERAL POLICIES Equal Employment Opportunity Max Tax is an equal opportunity employer and complies with all applicable federal, state, and local fair employment practices laws. Max Tax strictly prohibits and will not tolerate discrimination against employees on the basis of race, creed, color, sex, age, religion, ancestry, physical or mental disability, citizenship, or any other characteristic protected under law. All Max Tax employees and representatives are prohibited from engaging in unlawful discrimination. Max Tax provides reasonable accommodations for an applicant's or employee's sincerely held religious belief if such accommodation would resolve a conflict between the individual's religious beliefs or practices and a work requirement, unless doing so creates an undue hardship for Max Tax. An employee may request a religious accommodation from the Branch Manager. Max Tax encourages employees to make the request in writing and to include relevant information. After receiving your oral or written request, Max Tax will engage in a dialogue with you to explore potential accommodations that could resolve the conflict between your religious beliefs and practices and one or more of your work requirements. Max Tax encourages you to suggest specific reasonable accommodations that you believe would resolve any such conflict. Max Tax is not required to make the specific accommodation requested by you and may provide an alternative, effective accommodation, to the extent any accommodation can be made without imposing an undue hardship on Max Tax. Reasonable Accommodations Policy Max Tax complies with the Americans with Disabilities Act (ADA), as amended, and all applicable state and local laws, and is committed to providing equal employment opportunities to qualified individuals with disabilities. Max Tax will provide a reasonable accommodation to disabled employees if the reasonable accommodation would allow the employee to perform the essential functions of the job, unless doing so would create an undue hardship for Max Tax. Max Tax prohibits any form of retaliation against an employee for requesting an accommodation in good faith. Requesting a Reasonable Accommodation An employee may request a reasonable accommodation from the Branch Manager. Max Tax encourages employees to make their request in writing and to include relevant information, such as (1) the reason an accommodation is needed, and (2) how the accommodation will help you perform the essential functions of your job. If your disability or need for accommodation is not obvious, Max Tax may ask you to provide supporting documents showing that you have a disability within the meaning of the ADA and applicable law, and that your disability necessitates a reasonable accommodation. If the information provided in response is insufficient to make a determination, Max Tax has the option to request you see a health care professional of Max Tax’s choosing and expense. If you fail to provide the requested information or see the designated health care professional, your request for a reasonable 6 | Page Updated September 2019
accommodation may be denied. Max Tax will keep confidential any medical information that it obtains in connection with your request for a reasonable accommodation. After receiving your request, your Branch Manager or other Max Tax Management member, will initiate an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations. Determinations about reasonable accommodations are made on a case-by-case basis, considering various factors and an individualized assessment in each situation. Max Tax strives to make determinations on reasonable accommodation requests expeditiously and will inform the individual once a determination has been made. If you have any questions about a reasonable accommodation request you made, please contact your Branch Manager. Anti-Harassment Policy Max Tax strictly prohibits and does not tolerate unlawful harassment against employees or any other covered persons because of race, religion, creed, national origin, ancestry, sex (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current or prospective service in the uniformed services, or any other characteristic protected under applicable federal, state, or local law. Max Tax will not tolerate harassing conduct that affects job benefits, reasonably interferes with an employee’s performance, or creates an intimidating, hostile, or offensive working environment. Additionally, Max Tax will not tolerate retaliation against an employee who makes a good-faith report of harassment. To be clear, unlawful harassment is prohibited at work and at work-related events. Sexual Harassment Unwelcome sexual advances, requests for sexual favors, and other physical, verbal, or visual conduct based on sex, constitutes harassment when (1) submission to the conduct is explicitly or implicitly a term or condition of employment; (2) submission to or rejection of the conduct is used as a basis for employment decisions; and (3) the conduct unreasonably interferes with an employee’s work performance by creating an intimidating, hostile or offensive work environment. Sexual harassment may arise in the following forms: • Verbal (such as innuendo, teasing, comments or jokes). • Inappropriate physical contact. • Displaying sexually suggestive items such as posters, cartoons or drawings, or inappropriate adult-themed gifts. • Posting sexually suggestive statement or pictures on any social media platform. This list is illustrative only, and not exhaustive. No form of sexual harassment will be tolerated. 7 | Page Updated September 2019
Other Types of Harassment Max Tax’s anti-harassment policy applies equally to harassment based on an employee’s race, religion, creed, national origin, ancestry, sex (including pregnancy), gender (including gender nonconformity and status as a transgender or transsexual individual), age, physical or mental disability, citizenship, genetic information, past, current or prospective service in the uniformed services, or any other characteristic protected under applicable federal, state, or local law. Such harassment often takes a similar form to sexual harassment and includes harassment that is verbal, physical, visual, and online. Employee Complaint Procedure If you are subjected to any conduct that you believe violates this anti-harassment policy or you witness any such conduct, you must promptly contact your Branch Manager. If you are uncomfortable addressing the matter with your Branch Manager, or the Branch Manager is the harasser, contact your Area Manager or the Regional Manager. If you have not received a satisfactory response within 5 days after reporting any incident of what you perceive to be harassment, please immediately contact your Regional Manager to ensure a prompt investigation is conducted. Your complaint should be as detailed as possible, including the names of all individuals involved and any witnesses. Max Tax Management will directly and thoroughly investigate the facts and circumstances of all claims of perceived harassment and will take prompt corrective action, if appropriate. Additionally, any manager or supervisor who observes harassing conduct must report the conduct to the Regional Manager so that an investigation can be made and corrective action taken, if appropriate. Section 7 of the National Labor Relations Act Despite anything else in this Handbook, under applicable law, employees have the right to unionize, join together to advance their interests as employees, and to refrain from such activity. It is unlawful for any employer to interfere with, restrain, or coerce employees in the exercise of their rights. Section 7 of the National Labor Relations Act guarantees employees “the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representative, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.” These guarantees include an employee’s right to band together with coworkers to improve their lives at work. 8 | Page Updated September 2019
PAYROLL Employee Classifications In accordance with applicable law, employees are classified as exempt or nonexempt. Exempt employees are typically paid a fixed salary and are not entitled to overtime. Nonexempt employees are typically hourly and non-management, but are entitled to overtime pay at 1 ½ times their regular, hourly rate. Nonexempt employees must have prior approval from their direct supervisor before working overtime. Additionally, Max Tax categorizes each employee as either full-time or part-time. Full-time employees work at least 36 hours per week. Part-time employees work less than 36 hours per week and, at times, depending on the business demands. Max Tax also hires temporary employees that are hired for a specified short term or on a project basis. Temporary employees are either full-time or part-time. If you have questions regarding your classification, contact your Branch Manager. Workweek and Business Hours As a JH franchisee, the hours and days of operation are dependent on your assigned location and the needs of the business. Your Branch Manager can answer any questions regarding the anticipated workweek and hours of operation. Each location’s Branch Manager will post the work schedule the Wednesday prior to the schedule start date. The work schedule is subject to change based on business needs. It is common for an employee to be full-time during peak times of business and part-time during the slower parts of the season. Payday The pay period for all employees consists of two (2) workweeks, beginning Sunday at 12:01 a.m. and ending Saturday at 12:00 midnight. Payday is the Friday following the end of the workweek. You may elect to have your paycheck direct deposited into your checking or savings account, receive your earnings on an American Express SERVE card, or receive a physical paycheck. Employees enrolled in direct deposit or the American Express SERVE program will have their paychecks deposited to the designated account on payday. Physical paychecks will be mailed to the employee’s home address on file. Contact your Area Manager for details regarding paycheck options. 9 | Page Updated September 2019
Payroll Deductions Max Tax is required by law to make certain deduction from your pay in each pay period, including federal and state income taxes, Social Security (FICA) taxes, and as directed by you or a valid court order. Additionally, employees may elect to pay their NYS Tax Preparer Registration fees via payroll deduction. All deductions from your pay will be identified on your pay stub. If you have questions about any deductions or need to change your deductions, contact the company Administrator. Timekeeping Nonexempt employees are required to accurately record all hours worked via the ProFiler system. Employees should record all hours worked. If you take a break that is longer than 15 minutes, you must clock out. It is important you DO NOT clock in more than 5 minutes before your shift begins. You must clock out promptly when your shift ends. If you need to leave the office at any point during your shift, you must clock out. Upon returning, you may clock in again. This rule does not apply to management when making bank deposits or performing other duties for Max Tax outside the office location. Do not complete any work during a meal break, or while you are otherwise off the clock. It is your responsibility to review your timecard on a daily basis and approve your timecard before the pay period ends. Notify your Branch Manager of any inaccuracies or mistakes in your timecard. Failure to adhere to this policy or falsifying a time card could result a delay of pay and possible disciplinary action up to and including termination. Overtime Working overtime is prohibited without prior approval from your Area Manager. If the business needs have created the likelihood of overtime, you must immediately notify your Branch Manager, who will notify your Area Manager. Meal Periods Your particular hours of work and the scheduling of a meal period will be determined and assigned by your immediate supervisor. Please do not eat meals at your workstations, especially when customers are present. To maintain an inviting and professional environment for employees and customers alike, it is important our offices do not emit food odors. We need to maintain an odor free, professional office for our customers and associates. Please be considerate and reasonable when selecting your meals and snacks for each work day. 10 | P a g e Updated September 2019
ON THE JOB POLICIES Attendance You are expected to be at your workstation and ready to work at the beginning of your assigned daily work period, and you are expected to remain at your workstation until the end of your assigned work hours, except for approved breaks. When something takes you away from your workstation, you must let your immediate supervisor know where you are going and how long you expect to be gone. Excessive time off or unexcused absences from your workstation could lead to disciplinary action, including termination. Absence or Lateness From time to time, it may be necessary for you to be absent from work. Max Tax understands that unexpected emergencies and illnesses may arise. If you are unable to report to work, please contact your Branch Manager at least four (4) hours in advance. If you will arrive late, please contact your Branch Manager as soon as possible. Military Service Leave and Reemployment Max Tax provides unpaid necessary time off to employees who are required to fulfill military obligations (“Service”) in any Armed Forces, National Guard, other uniformed services or state military, in compliance with the Uniformed Services Employment and Reemployment Rights Act (USERRA) and applicable state laws. During Service leave, all benefits provided by Max Tax, if any, are governed by the terms and conditions of the applicable employee benefit plan documents, and in accordance with applicable law. If you need to take military leave, you must give advance notice of your service obligations to your supervisor, unless military necessity makes advance notice impossible. Military orders should be presented to your supervisor and arrangements for leave made as early as possible before the beginning of leave. Employees may be eligible for reemployment after Service leave. Any employees who would like to return to work must report to work or submit an application for reemployment to the Branch Manager, including their military discharge documentation, if available, as follows: • If Service was for less than 31 days, they must report to work on the first regularly scheduled workday that is at least eight hours after they return home from Service. • If Service was for 31 to 180 days, they must apply for reemployment within 14 days following completion of Service. • If Service was for more than 180 days, they must apply for reemployment within 90 days following completion of Service. 11 | P a g e Updated September 2019
• If they suffered a service-connected injury or illness and they are hospitalized or convalescing, they have up to two years following completion of military service to return to their jobs or apply for reemployment, depending on the length of recovery time required. If any employee is unable to comply with this reporting schedule through no fault of their own or if they are injured or recovering from an injury and need an accommodation for specific circumstances beyond their control, they should speak with the Branch Manager or Area Manager as soon as possible to determine if they are eligible for a reasonable accommodation or additional time to apply for reemployment. Nothing in this policy requires Max Tax to reemploy individuals who are not eligible for reemployment rights under applicable law. Employees who are eligible for reemployment will be reemployed with the same seniority, and all rights and benefits based on that seniority, that they would have attained if they had not taken military leave. Seniority rights include pay and benefits that accrue or are determined based on their length of service. Where state or local Service leave laws offer more protections or benefits to employees, the protections or benefits that are most favorable to the employee, as provided by such laws, will apply. If you have any questions on this Service leave policy, contact your Branch or Area Manager. Housekeeping The general appearance of our work place is a direct reflection of how much individual pride we take in our surroundings and in our jobs. Neatness and good housekeeping are signs of efficiency, and to our clients it can also reflect how we handle their sensitive information. All employees are expected to keep their work area and the office neat and orderly at all times. Office staff is expected to share in normal daily housekeeping of the office area, including vacuuming, window cleaning, trash removal, dusting, etc. 12 | P a g e Updated September 2019
Dress Code Tops ✓ Solid color blouse, ✓ Solid color oxford or T-shirt, tank top, halter top, low neckline oxford, or dress shirt dress shirt & tie or Sweatshirts, athletic wear, hoodies (long / short sleeve) sweater (long / A top that has a pattern short sleeve) A top that has a slogan or logo other than JH ✓ Sweater/cardigan (if necessary) solid color Bottoms ✓ Black, navy blue, ✓ Black, navy blue, Sweatpants grey, or tan/khaki grey, or tan/khaki Tight fitting pants/leggings worn as solid color dress solid dress pants pants/yoga pants pants/skirt/capris Jeans (any color denim) Mini-skirts Shorts Overalls ✓ dress shoes, boots casual sandals, flip flops, sneakers, Tevas, Footwear ✓ dress shoes, boots or loafers Birkenstocks, Uggs, slippers, winter boots or or sandals work boots ✓ JH issued name badge or JH Circle of Excellence handwritten name badge JH Name Badges Achievement Club Inductee name badge. Either pin badge not in JH font or color scheme or magnetic, and affixed to shirt/sweater or name badge without the approved logo prominently on desk badge that is hanging from lanyard Beginning tax season 2020, you may no longer wear any JH item or apparel displaying the red starburst logo while in the office. 13 | P a g e Updated September 2019
Standards of Conduct Max Tax aims to protect its customers and ensure that coworkers’ and company’s rights are respected. Conducting yourself in a professional way will contribute to an overall harmonizing work environment at Max Tax. Conduct that may be disruptive, unproductive, unethical, or illegal will not be tolerated. All employees who prepare income tax returns must read, understand, and comply with the provisions of the Jackson Hewitt Tax Preparer Code of Conduct. Additionally, the following is a non-exhaustive list of conduct that may result in disciplinary action, up to and including termination: • Falsifying records. • Engaging in fraud of any kind. • Removing Max Tax or JH property from the premises without authorization. • Stealing or attempting to steal employee property. • Being habitually tardy or absent. • Intentionally interfering with the conduct of the business, such as disparaging Max Tax or JH to actual or potential customers in such a way that is intended to harm Max Tax or JH and not otherwise protected by law. • Fighting during working hours. • Being under the influence of intoxicating substances during working hours. • Being insubordinate. • Using or abusing employer time, property, materials, or equipment without authorization. • Being absent from work without authorization during scheduled work hours. • Engaging in criminal activity. • Conducting business other than that of Max Tax while on the clock or using Max Tax resources for non-Max Tax work. • Violating or abusing Max Tax or JH policies. • Neglecting job duties. • Bringing the organization into serious disrepute. Max Tax may consider an employee's job performance, prior violation of work rules, and other relevant circumstances in determining whether to counsel, warn, suspend, or discharge an employee. It is ultimately up to the employee's Branch Manager and Max Tax Management to decide whether corrective action, up to and including dismissal, is appropriate. 14 | P a g e Updated September 2019
Background Checks Max Tax requires applicants and employees to satisfactorily complete a background check. Max Tax will consider your job duties, among other factors, in determining what constitutes satisfactory completion of the background check. All information obtained as a result of a background check will be used solely for employment purposes. Due to the seasonal nature of the business, rehires in good standing with Max Tax will not be required to complete a background check unless otherwise determined by JH. When a background check is required, you must complete an authorization form. Falsification or omission of information may result in denial of employment or discipline, up to and including termination. All background check information will be kept confidential under applicable state and federal laws. Max Tax management is responsible for the administration of this policy. Your Branch Manager or Area Manager can answer any questions regarding this policy. Employee-Owned Vehicles for Work Some employees may be requested to use their personal vehicle for work-related matters. Work-related driving is operating a motor vehicle in the course of your work, including driving to and from Max Tax locations. It may also include other driving as approved by Max Tax Management. Work-related driving does not include your work commute or situations that occur while you not using your vehicle in furtherance of Max Tax business. Employees using personal vehicles must maintain at least the statutorily required limits of motor vehicle insurance, at their own cost, and a valid driver’s license. Employees driving for work-related matters are expected to operate vehicles in a manner that meets all driving laws and regulations, including maintaining the vehicle in a safe and reasonable manner and adhering to parking regulations and laws. Any employee expected to drive for Max Tax related purposes must disclose to Max Tax Management any driving violations, penalties, fines or matters that may otherwise affect the employee’s ability to drive. Max Tax will not cover the costs of any charges, violations, fines, or penalties alleged or received during work-related driving. Disciplinary Actions Behavior or actions that is inappropriate or inconsistent with Max Tax and JH policies and procedures, as determined at the discretion of Max Tax Management, may result in disciplinary action up to and including, termination. Depending on the situation, Max Tax Management will try to give escalated warnings prior to termination, but Max Tax Management is not required to do so. Behavior or actions that do not result in 15 | P a g e Updated September 2019
immediate termination may be dealt with by giving an employee an initial verbal warning and, if necessary, a second, written warning. To the greatest extent possible, whenever a disciplinary matter occurs, the employee and appropriate Max Tax Management member should enter into dialogue to discuss the situation and appropriate outcomes. Written warnings will include the reasons for the warning and should include any supporting evidence. You will have the opportunity to defend your actions and rebut the opinion of your immediate supervisor at the time the warning is issued. All pertinent facts will be carefully reviewed, and you will be given a full opportunity to explain your conduct before any decision is reached. The immediate supervisor will give a second opinion concerning the unacceptable behavior before dismissal or suspension occurs. Separation of Employment Jackson Hewitt realizes that situations may arise and it may be necessary for you to terminate your employment with us. If you wish to terminate your employment with Jackson Hewitt Tax Service, please provide sufficient notice and written documentation. As stated in your contract, voluntary separation of employment prior to the close of the tax season may result in forfeiture of any accrued bonus. INFORMATION TECHNOLOGY IT Resources and Communications Systems Max Tax’s computers, networks, communications systems, and other IT resources including internet, email, texts, and voicemail (collectively, “IT Systems”) are intended for business purposes only. To protect JH and Max Tax, and its employees, the use of the IT Systems is restricted. Each user is responsible for using the IT Systems in a productive, ethical, and lawful manner. You are never permitted to use the IT Systems for any inappropriate or unlawful purpose, and no one may use any IT System in a manner that may be construed by others as harassing or offensive. This policy governs all Max Tax IT Systems and all use of such resources and systems when accessed using an employee’s own resources, including but not limited to: • Email systems and other accounts including Wunderlist and Slack. • Internet and intranet access. • Telephones and voicemail systems 16 | P a g e Updated September 2019
• Printers, photocopiers, and scanners. The security of the IT Systems is the responsibility of all employees. Email and downloading from the internet are prime sources of viruses and other malicious software. Therefore, no one may download or install any software or shareware that is not expressly authorized or approved by a Max Tax Management member. All user names, passwords, and information used or stored on IT Systems are the property of Max Tax. No employee may change a password to any account other than to that of the JHnet account assigned directly to them. The passwords and recovery information assigned to the computers, email, onedrive, wunderlist, slack, and other shared accounts are set by Max Tax and may not be changed by any staff member. No employee may use a username or password that has not been issued to that employee or authorized in advance by Max Tax Management. Do not share usernames or passwords with any other person. You may never sign on to any network equipment using the password or username of another employee. No employees should access, attempt to access, alter, or delete any network document except in furtherance of authorized Max Tax business. All contents of the IT Systems are the property of the company. Therefore, employees should have no expectation of privacy whatsoever in any message, file, data, document, facsimile, telephone conversation, or any other kind or form of information or communication transmitted to, received, or printed from, or stored or recorded on the company’s electronic information and communications systems. You are expressly advised that to prevent against misuse, Max Tax reserves the right to monitor, intercept, and review, without further notice, every employee’s activities using Max Tax IT systems, including but not limited to email, telephone conversations and voice mail, instant messages, and internet and social media postings and activities, and you consent to such monitoring by your acknowledgement of this policy and your use of such resources and systems. This might include, without limitation, the monitoring, intercepting, accessing, recording, disclosing, inspecting, reviewing, retrieving, and printing of transactions, messages, communications, postings, log-ins, recordings, and other uses of the systems as well as keystroke capturing and other network monitoring technologies. Max Tax may also store copies of such data and communications for a period of time after they are created and may delete such copies from time to time without notice. 17 | P a g e Updated September 2019
Internet and Social Media Internet access is provided for use in connection with performing job duties. Personal use of the internet (including accessing social media, Netflix, YouTube, or shopping) is never permitted during working time or by means of the Max Tax IT Systems. Email and Texts Certain employees will have access to email and texts for Max Tax business purposes. Authorized email and text users must take precautions to protect the IT systems while using IT communications. Users of email and text messaging will occasionally receive unsolicited commercial or bulk messages (spam) which may be a means to spread computer viruses and other malicious software. Avoid opening unsolicited messages and report any suspicious messages to your Area Manager. Delete all spam immediately. Do not reply to the message in any way, even if states that you can request to be removed from its distribution list. Proper business etiquette should be maintained when communicating via email and text messaging. When writing business email, be as clear and concise as possible. Email communications should resemble typical professional and respectful business correspondence. To ensure compliance with customer opt-in rules, sending of text messages to clients should ONLY be done via jhtext.com. Do not solicit business via text from your personal phone while representing Max Tax. The jhtax.com service uses data from the ProFiler interview to determine if a client has given permission to receive texts from Max Tax. Telephones Max Tax aims to maintain office integrity and provide a pleasant, interruption-free work environment for both customers and employees. Max Tax recognizes that employees might occasionally need to use company telephones and voicemail for personal activities. We authorize occasional and brief personal use of the company’s telephones and voicemail systems so long as it does not interfere with the work of others or your duties. Personal use of personal cell phone use is not allowed at work stations. Employees must keep cell phones on silent or vibrate-only mode during working hours. If you need to use your cell phone for personal matters, you must have the conversation away from customers. DO NOT GIVE CUSTOMERS YOUR PERSONAL CELL PHONE NUMBER OR HOME PHONE NUMBER FOR ANY REASON. This creates the appearance of impropriety and may be grounds for termination. 18 | P a g e Updated September 2019
Social Media Max Tax recognizes that the internet provides unique opportunities to participate in interactive discussions and share information on particular topics using a wide variety of social media, such as Facebook, Twitter, Instagram, Snap Chat, etc. Employees’ use of social media can pose risks to Max Tax’s confidential and proprietary information, reputation, and brands, and can expose Max Tax to discrimination and harassment claims. With that in mind, Max Tax expects its employees to adhere to the following guidelines and rules regarding social media use. Social media should never be used in a way that violates any other policies or employee obligations. If your social media activity would violate any of Max Tax’s policies in another forum, it will also violate them in an online forum. For example, employees are prohibited from using social media to: • Circumvent ethics and standards of conduct policies. • Engage in unlawful harassment. • Circumvent policies prohibiting unlawful discrimination against current employees or applicants for employment. • Violate privacy policies (for example, never access private password-protected sites of coworkers or other Max Tax stakeholders without permission). • Using social media to directly contact clients or potential clients regarding tax prep You are personally responsible for what you communicate in social media. Remember that what you publish might be available to the masses (including Max Tax and future employers) for a long time. Keep this in mind before you post content. If you disclose your affiliation as an employee of Max Tax, it is recommended that you also include a disclaimer that your views do not represent those of your employer or JH. Use good judgment about what you post and remember that anything you say can reflect on Max Tax, even if you do include a disclaimer. Max Tax encourages professionalism and honesty in social media and other communications. Do not expose yourself or Max Tax to legal risk by using a social media site in violation of its terms of use. Review the terms of use of all social media sites you visit and ensure your use complies with them. In addition to complying with Max Tax’s Anti-Harassment Policy, do not post anything that Max Tax or JH’s customers, customers, business partners, suppliers, or vendors would find offensive, including ethnic slurs, sexist comments, discriminatory comments, profanity, abusive language, or obscenity, or that is maliciously false. This policy has been created to promote a harmonious working environment and is not intended to restrict communications or actions protected or required by state or federal law. This policy, and nothing in this Handbook, is intended to prevent you from discussing that which you are legally permitted to discuss, including employment related matters, such as wages and working conditions. 19 | P a g e Updated September 2019
WORKPLACE SAFETY Workplace Hazards If you notice any unsafe or potentially unsafe conditions, you must report them to your Branch Manager immediately. If your Branch Manager is unavailable, notify your Area Manager Injuries and Illnesses You must promptly and accurately report all workplace injuries, accidents, or illnesses to your Branch Manager, regardless of the severity. No employee will be retaliated against for reporting illness, injuries, or health and safety concerns in good faith. Smoking Smoking or vaping is not permitted inside any Max Tax or JH location. Smoking and vaping is allowed at a no closer than 50 feet from an outside entrance of any location, or at a distance as required by applicable law. Be sure to properly dispose of cigarette butts in a receptacle. Substance Abuse Max Tax is committed to providing a safe, healthy, and productive work environment, which includes its intent to maintain a drug and alcohol-free workplace. Being under the influence of alcohol or illegal drugs (as classified under federal, state, or local laws), including marijuana, while on the job poses serious risks and will not tolerated. While on duty, employees are prohibited from: • The use, abuse, or being under the influence of alcohol, illegal drugs, or other impairing substances. • The possession, sale, purchase, transfer, or transit of any illegal or unauthorized drug, including prescription medication that is not prescribed to the employee or drug- related paraphernalia. • The illegal use or abuse of prescription drugs. Nothing in this policy is meant to prohibit the appropriate use of over-the-counter medication or other legally prescribed medication, to the extent that it does not impair an employee's job performance or safety or the safety of others. Employees who take over-the-counter medication or other medication that can legally be prescribed under both federal and state law to treat a disability should inform their Branch Manager if they believe the medication will impair their job performance, safety, or the safety of others or if they believe they need a reasonable accommodation before reporting to work while under the influence of that medication. 20 | P a g e Updated September 2019
In order to achieve the goals of this policy and maintain a safe, healthy, and productive work environment, Max Tax reserves the right at all times to inspect employees, as well as their surroundings and possessions, for substances or materials in violation of this policy. This right extends to the search or inspection of clothing, desks, lockers, bags, briefcases, containers, packages, boxes, and lunch boxes. Employees should have no expectation of privacy while on Max Tax premises, except where privacy is reasonably expected, such as in the restrooms. Workplace Violence Max Tax prohibits and will not tolerate any form of workplace violence by an employee. Workplace violence includes, but is not limited to: • Making threatening remarks (written or verbal). • Aggressive or hostile acts such as shouting, using profanity, throwing objects at another person, fighting, or intentionally damaging a coworker's property. • Bullying, intimidating, or harassing another person (for example, making obscene phone calls or using threatening body language or gestures, such as standing close to someone or shaking your fist at them). • Behavior that causes another person emotional distress or creates a reasonable fear of injury, such as stalking. • Assault. If you witness or are subjected to any conduct you believe violates this policy, you must contact your Branch Manager or, if the conduct involves your Branch Manager, then your Area Manager or Regional Manager as soon as possible. When communicating a concern or complaint under this policy, include as much detail as possible. Max Tax Management will directly and thoroughly investigate all complaints of workplace violence and will take prompt corrective action, including discipline, if appropriate. Max Tax reserves the right to contact law enforcement, if appropriate. To the extent permitted by law, Max Tax reserves the right to seek a restraining order to prevent workplace violence against an employee. If you become aware of an imminent violent act or threat of an imminent violent act, immediately contact law enforcement then contact your Branch Manager. 21 | P a g e Updated September 2019
BUSINESS POLICIES Confidentiality As a Max Tax employee, you may become privy to Max Tax and JH business secrets in addition to very personal and private details about customers. Do not disclose, without authorization from Max Tax Management, any Max Tax or JH confidential information or proprietary business information, including but not limited to marketing tactics, business plans, finances, and information about employees that a reasonable person would consider confidential. Additionally, a customer’s personal and tax-related information is highly confidential and you are expected to honor your customer’s confidentiality at all times. Always remember to: • Keep a customer’s information confidential. • Not misuse or disclose without authorization, confidential information regarding business owners, partners, vendors, or customers. • Not misuse or disclose without authorization, confidential financial data and other proprietary information of Max Tax and JH. • Leave only your name and your affiliation with JH if you call a customer and leave a telephone message. Your message should not include any information about their tax situation. • Remind your customers that proper identification is required to pick up tax papers or checks. • Never throw paper of any kind in the trash; all paper must be destroyed in a shred bin This policy, and nothing in this Handbook, is intended to prohibit your protected rights, such as discussing working conditions and wages with fellow employees. Failure to maintain appropriate confidentiality could result in disciplinary action, including termination. If you have any questions about whether something is confidential and may be disclosed, contact your Branch Manager or other Max Tax Management. Prohibited Practices As a trusted brand of tax preparation services for over 30 years, JH and Max Tax expect that all employees preparing tax returns will do so with the highest level of honesty and professionalism. Any illegal, dishonest, irresponsible, or counterproductive act that causes loss or harm to Max Tax, its employees or customers is cause for discipline, including termination. 22 | P a g e Updated September 2019
The following is a non-exhaustive list of examples of prohibited practices: • Knowingly submitting a fraudulent tax return. • Stating or implying to customers that using Jackson Hewitt guarantees they will never be audited. • Sales of any unauthorized service or product. • Rendering advice on tax evasion or tax shelters. • Using a customer’s social security number or other personal information for any reason other than preparation of the tax return. • Using the Jackson Hewitt Profiler software to prepare a return, voiding the return, and giving the figures in any form to the customer. • Using unauthorized software to prepare returns for customers, whether or not payment is received. • Stating or implying that you could complete a return for a reduced fee, at an unauthorized discount, or otherwise “off the books.” • Failure to immediately turn over all cash and checks received from customers. • Being in the office during outside normal business hours without permission. • Committing tax fraud. • Opening or having in your possession any PIN number for any JH authorized cash card other than a card for your personal, individual return. • Unauthorized taking, duplicating or usage of Max Tax or JH papers, customer lists or information, merchandise, cash, materials, equipment, or services. • Giving unauthorized discounts for a person not authorized to receive a discount. • Giving Refer-A-Friend vouchers to or entering the names of associates, (including self), family, or friends into ProFiler as Refer-A-Friend recipients without prior authorization. • Changing the Preparer ID on a tax return without consent. • Unauthorized acceptance or solicitation of gifts from customers or associates. • Operating your own personal tax preparation business that competes with Jackson Hewitt. Occurrences of any of the previous activities, as well as violations of any Jackson Hewitt rules or policies, may be subject to disciplinary action, including possible immediate dismissal. Any actions by an employee that may reasonably be deemed illegal or that may reasonably subject Max Tax or JH to penalties or fines, will be reported to the proper authorities and subject the employee to disciplinary action, including termination. Loyalty to Max Tax or JH Employees are expected to give Max Tax its full attention and are not permitted to conduct outside tax preparation services without the prior approval of Max Tax Management. Any outside employment that directly competes with the services offered by Max Tax and JH 23 | P a g e Updated September 2019
will be deemed competition and grounds for disciplinary action, including termination. As an employee, competition against Max Tax or JH can take several forms, including: • Taking any customers’ or potential customer’s information away from the office with the intention of preparing tax returns “off the clock.” • Attempting to convince a customer that the customer should prepare their return elsewhere, either with another company, with a friend or relative, or with the tax preparer at home. • Advising a customer or potential customer to use the physical or online services of a third-party. Registrations It is the responsibility of each Tax Preparer employee to obtain and maintain valid registrations pursuant to applicable laws. It is your responsibility to adhere all federal, state, and local regulations and guidelines to properly maintain your registration status. JH offers a program that allows eligible Max Tax employees to recover the cost of registration requirements. Contact your Employee Wage Agreement for program details. EFIN An Electronic Filing Identification Number (EFIN) is granted by the IRS to firms, authorizing e- filing of tax returns. The EFIN is not the same as a Preparer Tax Identification Number. No Max Tax employee may have an EFIN. Notify your Branch Manager as soon as possible if you have an EFIN, even if it is inactive. The possession of an EFIN will be deemed a breach of loyalty to Max Tax and may result in disciplinary action, including loss of incentive pay and termination of employment. Discounting It is not at an employee’s discretion to offer customers discounts. Offering discounts to customers outside of Max Tax and JH policies results in lost profits. It is very important that each employee abide by the following: • If a customer presents you with a coupon, you must enter the code into ProFiler and scan the coupon into the customer eDocuments. DO NOT use a coupon code when there is no coupon presented by the customer. • DO NOT offer a dollar amount discount to a customer without first consulting your Area Manager via Slack. Pricing adjustments issued without a coupon require a verification code, received by contacting your Area Manager or Regional Manager. This code must be entered into the coupons and fees screen in ProFiler. • Adjusting pricing without a coupon or without authorization is NOT ALLOWED. 24 | P a g e Updated September 2019
• ALL coupons that we distribute and accept are applicable SOLELY FOR TAX PREPARATION SERVICES. This means they are not accepted and applied toward any Bank Fees, nor are they acceptable for Transmit-Only Services. • DO NOT accept a copy of the coupon; only original coupons will be accepted. • Coupons that are valid for self-preparation on jacksonhewitt.com are not valid for tax preparation in our locations. These codes are for self-filers only. • Coupons and other special offers are intended to bring customers into our offices. It is unacceptable to have coupons in your possession or in the office with the intent of distributing them to customers who walk in without one. • In the event that a new customer is referred to you by an existing customer and does not have their Refer A Friend© coupon, request your manager print a RAF coupon from the referring customer’s eDocuments prior to transmitting the tax return. Any deviation from the above may result in reduction or forfeiture of commissions, and disciplinary action including termination. If you have questions about discounting or are unsure about a coupon, seek assistance from your immediate supervisor or the Branch Manager. Processing Payments Customers may pay the tax preparation fee directly rather than having it withheld from their refund. Max Tax accepts payments in the form of cash and credit card. Payment form and amount must be properly entered into ProFiler. When a customer’s payment is entered into ProFiler, the system will generate receipts such as: C - Customer copy - given to customer after receiving payment B - Bookkeeper copy - placeholder for payment until manager processes DA H - Home Office copy – these are only generated when a discount is issued to the customer. When a discount is given without a coupon, make a note on the H copy outlining how authorization was obtained and place these in the cash box with the B copy for your manager to review. Once processed, attach payment to the “B” copy print out and place into the “B” folder. All customers must be given the “C” copy of the printout in the front office after a tax return is completed. This includes but is not limited to a copy of any document they have signed and any refer-a-friend coupons. 25 | P a g e Updated September 2019
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