Can disclaimers keep handbooks from becoming employment contracts?

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in Employment Law,Human Resources

Q. Are disclaimers in employee handbooks valid in North Carolina?

A. Yes. Employers that are concerned a handbook may create an employment contract with their employees often place disclaimers in their handbooks. Although disclaimers are not enforceable in all states, they are in North Carolina. A well-written disclaimer will maintain the at-will status of employees and prevent the creation of unexpected contractual rights for the employees.

To make sure the disclaimer does what you intend—that is, prevent unexpected contractual rights from forming—it is best to have the handbook and the disclaimer drafted or reviewed by an attorney.

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