A disclaimer that clearly states an employee has no employment contract may be enough to kill a tortuous interference-with-contract claim.
Recent case: Rufus Odem had worked for Bexar County in the internal audit department for 20 years. He was fired following allegations he lied about a work assignment he handed in late.
Odem claimed he was really fired because the accounting firm Deloitte & Touche prepared an audit report that falsely accused him of. Odem sued the firm, alleging it interfered with his employment contract.
The firm pulled out the Bexar County, which clearly stated employees did not have a contract for employment of any sort. That was enough for the court to toss out Odem’s lawsuit. (Odem v. Deloitte & Touche, No. 04-09-00747, Court of Appeals of Texas, 2011)
Lesson: It pays to include such a disclaimer in your handbook.
- Doing fill-in tasks doesn't make bosses nonexempt
- Court eliminates one strategy for ending class-action litigation
- Received just one application for the job? You're not required to hire that person
- Calling your employment attorney: When it's needed, when it's not
- Don't automatically fire after FMLA, STD leave expire