While the NLRB continues to sort this out, employers should take the time to review their at-will disclaimers — whether in employee handbooks, acknowledgments, offer letters, etc. — to ensure that the language is not overly broad under the NLRA, but more closely tracks the at-will provisions endorsed in the recent advice memos. Language that forecloses the possibility of an employee taking any action to change his or her at-will status runs the risk of being found unlawful.
Carolyn Rashby and Emi Gusukuma are special counsel with Miller Law Group, a management-side employment law firm with offices in San Francisco and Los Angeles. They advise employers on a wide range of workplace matters, including wage and hour, leaves of absence, discrimination, harassment and employee handbooks and personnel policies and practices.
This article originally appeared in The Recorder.
