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A written at-will employment policy is enormously
useful in litigating wrongful discharge claims because it
can rebut an employee's claim that he or she could be fired
only if your company had good cause. It is also the law in
California. Cal. Lab. Code §2922.
Your company's handbook should:
- Include a precise definition of the
terms of the at-will nature of the employment relationship;
and
- Clearly
explain that employment can be terminated:
- At any
time;
- With
or without cause; and
- With or
without notice, either by your company or the employee.
Regardless of your handbook's at-will language,
your company may remain vulnerable to an allegation that:
-
An employee's termination violated
public policy. For example, an employee is fired because
of "whistle blowing" to a government agency; or
-
An employee's termination
violated a specific statute. For example, the federal
Age Discrimination in Employment Act.
Tamara
L. Harper strives to balance company and employee
needs. At-will language can be extremely threatening to employees,
raising doubts about job security. From a legal standpoint,
precisely written at-will language is valuable; from a human
resources standpoint, at-will language can be problematic.
On balance, your company may choose to include at-will language
and resolve fears among personnel through employee education.
I can draft and update
your employment handbooks and personnel policies. With both
employment law and human resources legal expertise, I prepare
and review your handbooks to comply with the law, reflect
your organizational culture, and further your human resources
strategies.
For a legal review of
your company handbook, or help drafting and updating policies,
please contact me for a complimentary email or telephone consultation
and cost estimate.
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