The NLRB also recently held that standard at-will language in a non-union Employee Handbook violates section 7 of the National Labor Relations Act.
The Employee Handbook stated: “I further agree that the at-will employment relationship cannot be amended, modified or altered in any way.”
This is standard language in many Employee Handbooks. The NLRB judge found that the language violates Section 7 because employees who read it are very likely to believe that they cannot alter the at-will employment policy through collective bargaining or other forms of concerted activity.
The NLRB Acting General Counsel commented that he believes that at-will Handbook provisions prohibiting any change in the terms and conditions of employment except in a written document with a company executive violate the NLRA’s Section 7 right to participate in union-organizing activities.
What Should I Do?
- At this time, the Firm does not recommend making revisions to the standard at-will language in your Employee Handbooks.