At-will, but not that at-will

If you have an at-will employee (they can quit at any time and you can fire them at any time) and an employee handbook, you may need to change it (the handbook, not the employee) – eventually.

If there is a statement in your handbook that indicates that employment is at-will it may also say that that the employee’s at-will status cannot be changed or altered in any way, or that the only way that status can be changed is by a lot of people signing documents and pinkie swears.  The NLRB in Arizona has ruled that, notwithstanding the pinkie swears, the unchangeableness and the signatures are going too far.

Maybe not time to scrap the handbook yet because the ruling hasn’t spread beyond the Arizona region and the courts have not had their say.  But a heads up – Hyatt Hotels has already changed its policies nationwide.  Read more from our partners at Squire Sanders and at Polsinelli Shugart.

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