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November 2012 Archives

Employment At-Will Policies That Do Not Clarify Their Scope Or Limitations Risk Violating Federal Law Prohibiting The Exercise Of The Right To Organize And Bargain Collectively

lu_hwe_logo.jpgMany employers maintain policies in their employee handbooks reinforcing employees' at-will status. However, such policies should be carefully crafted to ensure that an employee's federally protected rights to organize and bargain collectively are not infringed. Where an at-will policy merely limits the authority of the company's representatives to alter employment at-will status, but does not preclude employees from seeking such an alteration or from organizing or attempting to bargain collectively, the policy does not run afoul of federal labor law.

November 2012 Volume XI No. 9 Taking Care of Business About Us Comments Unsubscribe Disclaimer Employment At-Will Policies That Do Not Clarify Their Scope Or Limitations Risk Violating Federal Law Prohibiting The Exercise Of The Right To Organize And Ba

kkerr.jpgThe Supreme Court recently heard oral argument on a case which is expected to address a split in the Circuit courts of appeal over how to define a supervisor in cases of alleged workplace harassment. In Vance v. Ball State University, the Seventh Circuit adopted a definition of supervisor as a person who has authority to hire, fire, demote or discipline an employee. This made three Circuits which have adopted this definition. Three other Circuits have adopted a definition which defines a supervisor as a person with day-to-day oversight over the harassed employee which is similar to the standard proposed by the Equal Employment Opportunity Commission.

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