If an employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason. However, written personnel policies used as guidelines for the employee have been interpreted by some courts as restricting the employer's right to discharge at-will employees without just cause. Employee handbooks or personnel manuals have been construed as part of the employee's contract. This is why all personnel manuals and employee handbooks should contain a disclaimer. The attached form is a sample of such a disclaimer.
Arkansas Disclaimer for Personnel or Employee Manual or Handbook: Detailed Description and Types A disclaimer is a legal statement designed to limit or exclude liability for certain information or actions. In the context of a personnel or employee manual or handbook in Arkansas, a disclaimer serves as a notice to employees that the information contained within the document does not create a contract of employment between the employer and employee, and that the employer retains the right to revise, modify, or terminate employment policies without prior notice. Here is a detailed description of what an Arkansas Disclaimer for Personnel or Employee Manual or Handbook typically entails, along with potential types of disclaimers: 1. General Disclaimer: A general disclaimer is a standard type of disclaimer included in personnel or employee manuals or handbooks in Arkansas. It communicates clearly that the handbook is not a binding contract and that the employment relationship is at-will, meaning either the employee or employer may terminate the employment relationship at any time, with or without cause. Example: "The information contained in this personnel manual/handbook is not intended to create a contract of employment or guarantee employment for any specific duration. Employment with [Company Name] remains at-will, meaning either party may terminate the relationship at any time, with or without cause." 2. Amendment Disclaimer: An amendment disclaimer acknowledges the employer's right to modify or revise employment policies, procedures, or benefits contained within the manual or handbook without prior notice. This type of disclaimer ensures that employees are aware that the employer retains the flexibility to make changes as necessary. Example: "The policies, procedures, and benefits outlined within this personnel manual/handbook are subject to change, modification, or deletion at the discretion of [Company Name]. Such changes may be implemented without prior notice." 3. Discretionary Policies Disclaimer: Discretionary policies' disclaimer highlights that certain policies or benefits outlined in the manual or handbook are not contractual and can be modified, discontinued, or altered at the employer's discretion. Example: "Certain policies, procedures, or benefits described in this personnel manual/handbook are discretionary and may be amended, suspended, or removed by [Company Name] at any time, without notice or liability." 4. External Links Disclaimer (optional): In cases where an employee manual or handbook contains hyperlinks or references to external websites or resources, an external links disclaimer may be included. This disclaimer clarifies that the employer does not endorse or guarantee the accuracy, completeness, or legality of information accessed through those external links. Example: "From time to time, this personnel manual/handbook may contain hyperlinks or references to external websites or resources for informational purposes. [Company Name] does not endorse, warrant, or guarantee the accuracy, validity, or legality of such external contents." It is important to note that the specific content and wording of disclaimers may vary based on the employer's preferences, legal advice, and industry-specific regulations. Therefore, tailoring the disclaimer to comply with Arkansas state laws and considering the unique needs of the organization is crucial. Consultation with legal professionals is highly recommended when drafting an Arkansas Disclaimer for Personnel or Employee Manual or Handbook.
Arkansas Disclaimer for Personnel or Employee Manual or Handbook: Detailed Description and Types A disclaimer is a legal statement designed to limit or exclude liability for certain information or actions. In the context of a personnel or employee manual or handbook in Arkansas, a disclaimer serves as a notice to employees that the information contained within the document does not create a contract of employment between the employer and employee, and that the employer retains the right to revise, modify, or terminate employment policies without prior notice. Here is a detailed description of what an Arkansas Disclaimer for Personnel or Employee Manual or Handbook typically entails, along with potential types of disclaimers: 1. General Disclaimer: A general disclaimer is a standard type of disclaimer included in personnel or employee manuals or handbooks in Arkansas. It communicates clearly that the handbook is not a binding contract and that the employment relationship is at-will, meaning either the employee or employer may terminate the employment relationship at any time, with or without cause. Example: "The information contained in this personnel manual/handbook is not intended to create a contract of employment or guarantee employment for any specific duration. Employment with [Company Name] remains at-will, meaning either party may terminate the relationship at any time, with or without cause." 2. Amendment Disclaimer: An amendment disclaimer acknowledges the employer's right to modify or revise employment policies, procedures, or benefits contained within the manual or handbook without prior notice. This type of disclaimer ensures that employees are aware that the employer retains the flexibility to make changes as necessary. Example: "The policies, procedures, and benefits outlined within this personnel manual/handbook are subject to change, modification, or deletion at the discretion of [Company Name]. Such changes may be implemented without prior notice." 3. Discretionary Policies Disclaimer: Discretionary policies' disclaimer highlights that certain policies or benefits outlined in the manual or handbook are not contractual and can be modified, discontinued, or altered at the employer's discretion. Example: "Certain policies, procedures, or benefits described in this personnel manual/handbook are discretionary and may be amended, suspended, or removed by [Company Name] at any time, without notice or liability." 4. External Links Disclaimer (optional): In cases where an employee manual or handbook contains hyperlinks or references to external websites or resources, an external links disclaimer may be included. This disclaimer clarifies that the employer does not endorse or guarantee the accuracy, completeness, or legality of information accessed through those external links. Example: "From time to time, this personnel manual/handbook may contain hyperlinks or references to external websites or resources for informational purposes. [Company Name] does not endorse, warrant, or guarantee the accuracy, validity, or legality of such external contents." It is important to note that the specific content and wording of disclaimers may vary based on the employer's preferences, legal advice, and industry-specific regulations. Therefore, tailoring the disclaimer to comply with Arkansas state laws and considering the unique needs of the organization is crucial. Consultation with legal professionals is highly recommended when drafting an Arkansas Disclaimer for Personnel or Employee Manual or Handbook.