May 20, 2014
At will employment disclaimers are a staple of employee handbooks in the United States. It is common for employers to define what at will employment means, explain that an employee’s at will status cannot be changed except in a writing signed by the company president (or chief executive), and require that an employee sign an acknowledgment of his or her at will status. However, the National Labor Relations Board has opposed as unlawful the practice of including in such disclaimers language declaring that the at will nature of the employment cannot be changed without the written consent of senior management.[note 1]The original common law rule for dismissal of employees according to William Blackstone envisaged that, unless another practice was agreed, employees would be deemed to be hired for a fixed term of one year. Over the 19th century, most states in the North adhered to the rule that the period by which an employee was paid (a week, a month or a year) determined the period of notice that should be given before a dismissal was effective. For instance, in 1870 in, Tatterson v.
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