1. AT-WILL EMPLOYMENT IN COUNTY GOVERNMENT
Angie Rogers
Webb & Eley, P.C.
Post Office Box
Montgomery, Alabama 36124
Telephone: (334)

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

3. 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.

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

5. At-Will Employment Contract Exception
Problems arise most often due to change in leadership in counties
Outgoing leaders want to protect employees
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

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

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

8. At-Will Employment Handbook Exception
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.

9. At-Will Employment Handbook Exception
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.

10. At-Will Employment Handbook Exception
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 “a guide for working rules, conditions, and wage scales relative to employment”

11. At-Will Employment Handbook Exception
Language Examples
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"

12. At-Will Employment Handbook Exception
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

13. At-Will Employment Retaliation Exception
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….

14. At-Will Employment Discrimination Exception
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

15. At-Will Employment Jury Service Exception
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."

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

17. At-Will Employment
In County Governments