09 November 2012

• “NLRB General Counsel Advises on Lawful ‘At-Will’ Employment Policies, Acknowledgments”


“The National Labor Relations Board, its General Counsel, and Regional Offices in recent years have focused enforcement efforts on employer policies that, in their opinion, restrict employee rights unlawfully under the National Labor Relations Act.

"'At-will' employment statements, in particular, have drawn their attention — to the consternation of many employers who include such statements in their handbooks and policies. The agency’s Acting General Counsel has even suggested that a conventional at-will statement might violate the NLRA, but the Board and its enforcement arm have offered little in the way of specific guidance.

”That may be changing. On October 31, the General Counsel’s Office Division of Advice, analyzing 'at-will' clauses in two employee handbooks, issued two 'memoranda' opinions (“Advice Opinions”) concluding that the clauses were lawful.”

Read the analysis: JacksonLewis.com


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