Tag Archives: At-Will Handbook Language

It is a good, standard practice for employers to include a provision in their employee handbooks, where applicable, to clarify that the terms of employment in the handbook do not alter the at-will status of the employer’s relationship with its employees. Such at-will employment provisions are useful as a defense to potential legal actions by employees asserting that employee handbooks create enforceable employment contracts. Some concern over this practice, however, was created by an NLRB Administrative Law Judge’s February 1, 2012 decision in American Red Cross Arizona Blood Services Region (Case 28-CA-23443). As we reported previously, in American Red Cross, the judge ruled that having an employee sign an acknowledgement form stating, “I further agree that the at-will employment relationship cannot be amended, modified, or altered in any way” acted to restrict an employee’s exercise of her rights under the National Labor Relations Act to organize a union and bargain collectively. The parties settled their dispute prior to the NLRB’s review of the judge’s decision, however, leaving the NLRB’s view on this ruling unknown. Continue reading this entry