NLRB Focuses on "At Will" Disclaimers in Employer Documents

Posted on Wed Aug 15th, 2012 at 12:12 pm

NLRB Focuses on "At Will" Disclaimers in Employer Document

 


By Neil L. Wojtal

 

The NLRB, through several decisions and based upon remarks made by Acting General Counsel Lafe Solomon, will be focusing on at-will disclaimers noting that blanket at-will statements may violate the National Labor Relations Act.

 

The basis for the possible violation is that a statement signed by an employee which states that the at-will disclaimer cannot be changed under any circumstances has a chilling effect on labor organizing efforts because it leads the employee to believe that the employee's at-will status cannot be changed through collective bargaining.

 

I am attaching a link to an article which explains the reasoning behind the possible violation and which includes some steps which an employer can take to protect its at-will status. The best protective measure is to make sure your at-will language does not provide that the nature of the at-will relationship cannot be changed under any circumstances.

 

Here is the link:

 

http://www.ebglaw.com/showclientadvisory.aspx?Show=16386#page=1

 

This blog is designed for general information purposes only and should not be construed to be formal legal advice. You should consult an attorney for advice regarding your own situation. Although great care has been taken to ensure the accuracy and utility of the information contained in this blog, no warranty is made, express or implied, and Zimmerman & Steber Legal Group, LLC assumes no liability in connection with any use or result from use of the information contained herein.


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