Make sure all versions of your company policies, whether in employee handbooks, online policies or even offer letters, contain clear at-will employment statements.
As this ruling shows, you won't be going overboard even if you list your statement on every single page of your documents.
Foster sued, saying the company's employee handbook created an "implied contract" by stating that employees couldn't be fired without undergoingand being given a chance to correct behavior.
A district court disagreed and sided with the company. Reason: The introduction and every page of the company's employment guide contained a disclaimer stating that the policies did not create any sort of employment contract, and workers' employment remained at will at all times. (Foster v. Massachusetts Mutual Life Insurance Co., No. 3:02CV1433(PCD), DC Conn., 2004)
Final note: If your organization lays out progressive discipline procedures, make sure your policy also reserves the right to fire immediately for gross misconduct.
- Returning from FMLA leave may require ADA accommodation
- 'Sorry': the hardest word to say to job applicants
- Can we terminate employee who has used all FMLA leave but still needs time off?
- Prepare for the ADA long haul: Disability accommodation isn't a one-time event
- Don't fear investigation will mean defamation lawsuit