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  Oracle Tips by Burleson

At-Will Disclaimer

In order to preclude the possibility of creating an implied employment contractthrough employer verbal and written communications, the employee handbookshould contain an at-will disclaimer.

This disclaimer should state that the employee handbookand any verbal exchanges do not define an employment contract. It should be stated that the policies and procedures defined in the handbook may be modified by the employer at any time and without notice. In addition, document that only the President of the company may authorize employment agreements.

Declaring at-will doctrine, disclaimers, and employment termination guidelines throughout company documentationwill help to ensure the employer the best position for legally firing employees, if necessary. Even if an employer mistakenly implies a just-cause employmentcontract, having these elements in place will assist in the defense against wrongful discharge suits.

It is important to keep all of these elements in mind since according to the study, Without Just Cause: An Employer’s Practical Guide on Wrongful Discharge, (1988) Bureau of National Affairs, 64 percent of employers lose wrongful employment termination cases.

The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj

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