How can employers make it clear that employees are at-will?
The best way to notify employees of their at-will status is to use disclaimers in employment applications, job offers, handbooks, and other company communications. At-will disclaimers help protect you from possible legal problems stemming from language in company literature that can unintentionally create implied contracts. All new employees should be given a copy of the employee handbook and asked to sign an acknowledgement stating that the employee acknowledges and agrees that nothing outlined in the handbook is intended to create a contractual relationship or alter the at-will relationship of his or her employment. In addition to an at-will disclaimer, employers should also: • Train all employees involved in the hiring process or in the management of employees to avoid using language or making statements that may be construed as an offer of permanent employment. • Include language reserving the employer’s right to determine what level of discipline is appropriate in any given circum