Employee Handbook “Employment At Will” Provisions Declared Unlawful by NLRB


A standard provision in nearly every employee handbook I have drafted and seen is an employment at-will provision, which is a declaration or acknowledgment by the employee and employer that the employment relationship is an “at-will” relationship that may be terminated by either party at any time with or without notice or and without cause.  A recent ruling by the National Labor Relations Board should concern employers.  I also wrote about last month regarding the Board’s position on social media policies. Read it here.  In two separate rulings, Region 28 of the NLRB, which is located in Arizona, found such an at-will provision to be unlawful under the National Labor Relations Act (NLRA).  The first case is American Red Cross Arizona and Lois Hampton, which was an unjust termination case where the at-will section of the employee handbook was ruled to be prohibitively “overly broad and discriminatory.”  The employee handbook […]

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EMPLOYER SOCIAL MEDIA POLICIES


Over the past year, the National Labor Relations Board (“NLRB”) has issued three reports on the same topic, social media policies.  Social media policies have drawn the attention of a fairly aggressive NLRB. While the goal of the latest memorandum from the NLRB’s acting general counsel may have been an attempt to clarify for employers the rules of the terrain and what can be included in a social media policy without violating the National Labor Relations Act (“NLRA”), the latest memorandum is at times inconsistent and will leave most employers wondering whether it is even possible to draft a social media policy that would not run afoul of the NLRB’s guidelines. The latest memorandum from the NLRB reviews seven cases involving employer social media policies.  The NLRB found that all but one of them contained violations of the NLRA.  The NLRA was passed and signed into law nearly 80 years […]

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