Can companies continue to use softer language in their offer letters and other employment documents?
In Dore, the court ruled that that it was sufficient for an employee to acknowledge in writing that the employment was at will and could be terminated at any time. However, we do not recommend soft-pedaling an issue as important as at-will employment. In his concurring opinion in Dore, Justice Moreno intimated that merely saying the employment could be terminated upon notice would be insufficient to create an at-will employment. No employer wants to be the next test case. It is always better for an employer to explain that ‘at will’ means the employment relationship may be terminated at any time, with or without cause. Employers who want to create and maintain at-will employment relationships should also assure that their clearly worded at-will statements are presented consistently in employment documents signed by their employees, e.g., employment applications, offer letters and employee handbook sign-off sheets. Moreover, agreements regarding at-will employment should specify that th
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