AT-WILL EMPLOYMENT IN COUNTY GOVERNMENT Angie Rogers Webb & Eley, P.C. Post Office Box Montgomery, Alabama Telephone: (334)

At-Will Employment Alabama is an at-will employment state Alabama is an at-will employment state Terminable by either party with or without cause. Terminable by either party with or without cause. With or without cause = a good reason, bad reason, or no reason at all With or without cause = a good reason, bad reason, or no reason at all

At-Will Employment Alabama courts have recognized that an employee handbook can represent a binding contract obligating an employer to satisfy certain conditions precedent to dismissing an employee. Alabama courts have recognized that an employee handbook can represent a binding contract obligating an employer to satisfy certain conditions precedent to dismissing an employee.

At-Will Employment Contract Exception Signed employment contract between employer and employee negates at-will employment Signed employment contract between employer and employee negates at-will employment Parties must look to terms of contract to govern employment relationship Parties must look to terms of contract to govern employment relationship Termination, discipline, and other issues should be resolved according to contract Termination, discipline, and other issues should be resolved according to contract

At-Will Employment Contract Exception Problems arise most often due to change in leadership in counties Problems arise most often due to change in leadership in counties Outgoing leaders want to protect employees Outgoing leaders want to protect employees Can create expenses from litigation and contract buy-out Can create expenses from litigation and contract buy-out To make contracts enforceable, make sure they are formed in accordance with local and state laws To make contracts enforceable, make sure they are formed in accordance with local and state laws

At-Will Employment Handbook Exception Theory is based on general concepts of contract law Theory is based on general concepts of contract law Employment contract is a bilateral contract Employment contract is a bilateral contract Handbooks are unilateral contracts Handbooks are unilateral contracts Nature of handbook and whether it is a contract turns on language in handbook Nature of handbook and whether it is a contract turns on language in handbook

At-Will Employment Handbook Exception First, language must be specific enough to constitute an offer. First, language must be specific enough to constitute an offer. Second, offer must be communicated to employee by issuance of handbook or otherwise. Second, offer must be communicated to employee by issuance of handbook or otherwise.

At-Will Employment Handbook Exception Third, employee must accept offer by retaining employment after he becomes aware of the offer. Third, employee must accept offer by retaining employment after he becomes aware of the offer. Fourth, there must be consideration; actual performance of job supplies the necessary consideration. Fourth, there must be consideration; actual performance of job supplies the necessary consideration.

At-Will Employment Handbook Exception General statements of policy are no more than that and do not meet the contractual requirements for an offer. General statements of policy are no more than that and do not meet the contractual requirements for an offer. If employer reserves the right to change policies unilaterally, its reservation operates as a disclaimer to negate any inference that the handbook constitutes an enforceable contract. If employer reserves the right to change policies unilaterally, its reservation operates as a disclaimer to negate any inference that the handbook constitutes an enforceable contract.

At-Will Employment Handbook Exception Language Examples Language Examples This handbook is not an employment contract and does not alter the at-will employment relationship between employer and employee. This handbook is not an employment contract and does not alter the at-will employment relationship between employer and employee. This handbook is “a guide for working rules, conditions, and wage scales relative to employment” This handbook is “a guide for working rules, conditions, and wage scales relative to employment”

At-Will Employment Handbook Exception Language Examples Language Examples Intent of handbook is “to help guide and instruct the employees to have a better understanding and knowledge of their employment” Intent of handbook is “to help guide and instruct the employees to have a better understanding and knowledge of their employment” Handbook sets out “working rules and conditions that are a guide and may vary based on facts" Handbook sets out “working rules and conditions that are a guide and may vary based on facts"

At-Will Employment Handbook Exception Overriding Principle Overriding Principle Make sure the handbook contains disclaimers stating there is no contract and reserving the right to deviate from the policies stated in the handbook depending on particular circumstances Make sure the handbook contains disclaimers stating there is no contract and reserving the right to deviate from the policies stated in the handbook depending on particular circumstances

At-Will Employment Retaliation Exception Alabama law sets out an exception to the employment-at-will doctrine in workers’ compensation statute. Alabama law sets out an exception to the employment-at-will doctrine in workers’ compensation statute. No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits…. No employee shall be terminated by an employer solely because the employee has instituted or maintained any action against the employer to recover workers' compensation benefits….

At-Will Employment Discrimination Exception Federal anti-discrimination laws, like the state workers’ compensation statute, are exceptions to the at-will employment doctrine. Federal anti-discrimination laws, like the state workers’ compensation statute, are exceptions to the at-will employment doctrine. “Bad reason” cannot be based on discrimination or harassment “Bad reason” cannot be based on discrimination or harassment

At-Will Employment Jury Service Exception Alabama law forbids firing employee for serving on a jury. Alabama law forbids firing employee for serving on a jury. "No employer in this state may discharge any employee solely because he serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his next regularly scheduled hour after being dismissed from any jury." "No employer in this state may discharge any employee solely because he serves on any jury empanelled under any state or federal statute; provided, however, that the employee reports for work on his next regularly scheduled hour after being dismissed from any jury."

At-Will Employment Whistleblower Exceptions Includes many federal laws Includes many federal laws OSHA OSHA Equal Pay Act Equal Pay Act FLSA FLSA FMLA FMLA

At-Will Employment In County Governments