by Kristen E. Smith, Esq., Bond, Schoeneck & King, Syracuse
Late in 2012, the National Labor Relations Board (NLRB) left many employers scratching their heads—and pulling theiroff the shelf.
Just about everyincludes a clear statement about at-will employment. Employment lawyers always hammer home the point that an at-will clause is essential to ensure the handbook doesn’t become an enforceable contract. Without a clear acknowledgment that employees could be fired for no reason or any legal reason, the argument goes, employees could come to rely on the handbook as a binding agreement that employers could not change going forward.
Then in stepped the NLRB. That’s the government board charged with enforcing the National Labor Relations Act (NLRA). Until recently, the NLRB pretty much limited itself to dealing with labor unions and the right to organize, leaving employers alone as long ...(register to read more)
- Head off problem employees' retaliation suits: Document all decision-making as it happens
- Is there a class action lurking in your employee handbook?
- Settled discrimination case? Be prepared to show you're complying with terms
- Make sure firing decision was independent of FMLA status
- What's an 'Essential Function'? Consult DOL Manual