All employers are also subject to common-law tort claims for assault, battery and false imprisonment. In this type of case, the employer intends to establish an at-will employment relationship, but the terminated employee argues that due to certain actions by the employer he or she was guaranteed employment for an extended period of time. For example, a frequent wrongful termination claim brought by employees against smaller organizations is breach of an implied or oral contract for continued or permanent employment. All employers have exposure to common-law actions brought by employees.
Claims that allege discrimination, sexual harassment or wrongful discharge often have a variety of common-law tort, quasi contract or other state law claims attached. In the US, the relationship between the employer and employee has traditionally been governed by the doctrine of 'employment at will', where there is a presumption that an employee's relationship with his or her employer is intended to be at-will rather than contractual.Īdditionally, these state and local laws may prohibit discrimination based on other factors not addressed by federal laws such as marital status, sexual orientation, smoking habits, political activities, volunteer activities and other off-duty conduct, to name a few. 'At-Will' Employment Disclaimer An employee handbook should contain an 'at-will' employment disclaimer. This statement can specifically list all the protected classes - race, color, religion, sex and so on - or can indicate generally that the organization does not discriminate against employees protected under the various federal and state laws. The EEO policy should state that the organization believes that all persons are entitled to equal employment opportunity. A written equal employment opportunity (EEO) policy is a way for the organization to acknowledge that it embraces the law and to inform employees of its non-discrimination policy.
Equal Employment Opportunity Policy All employers are required by federal and state law to provide a workplace with equal employment opportunities for all persons.
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