Employee handbooks commonly contain an at-will disclaimer specifying that the employment relationship can be terminated at any time, with or without cause or advance notice. Earlier this year, however, a National Labor Relations Board administrative law judge called into question whether at-will provisions are lawful, ruling that a disclaimer used by the American Red Cross Arizona Blood Services Region interfered with employee §7 rights under the National Labor Relations Act to engage in concerted activity.
The controversial decision was just the latest in a string of NLRB actions over the past year questioning the lawfulness of common employment policies including social media and confidentiality provisions and leaving employers uncertain about how to draft workplace policies without running afoul of the NLRA. But now, in a welcome move, the NLRB’s Office of General Counsel has issued guidance assuring employers that carefully drafted at-will provisions can withstand challenge under the NLRA.
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