AT-WILL EMPLOYMENT
IN
COUNTY GOVERNMENT
Angie Rogers
Webb & Eley, P.C.
Post Office Box 240909
Montgomery, Alabama 36124
Telephone: (334) 262-1850
Email: arogers@rogerslawoffice.com
At-Will Employment
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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
At-Will Employment
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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
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Signed employment contract between
employer and employee negates at-will
employment
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Parties must look to terms of contract to
govern employment relationship
Termination, discipline, and other issues
should be resolved according to contract
At-Will Employment
Contract Exception
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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
At-Will Employment
Handbook Exception
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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
At-Will Employment
Handbook Exception
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First, language must be specific enough to
constitute an offer.
Second, offer must be communicated to
employee by issuance of handbook or
otherwise.
At-Will Employment
Handbook Exception
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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.
At-Will Employment
Handbook Exception
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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.
At-Will Employment
Handbook Exception
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Language Examples
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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”
At-Will Employment
Handbook Exception
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Language Examples
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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"
At-Will Employment
Handbook Exception
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Overriding Principle
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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
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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….
At-Will Employment
Discrimination Exception
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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
At-Will Employment
Jury Service Exception
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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."
At-Will Employment
Whistleblower Exceptions
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Includes many federal laws
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OSHA
Equal Pay Act
FLSA
FMLA
www.whistleblowerlaws.com
At-Will Employment
In County Governments