Checklist: Structuring At-Will Disclaimers

Factors to consider in drafting an at-will disclaimer include:

Is the disclaimer written in clear concise language?

Is the disclaimer prominently displayed?

• Is the disclaimer set off by larger or different type or by a border so that it is immediately noticeable?
• Is the disclaimer on the first page of the employee handbook, instead of buried in the middle or the end? 

Is the disclaimer worded so as to avoid creating any type of contractual obligation?

• Is the language surrounding the disclaimer free from contractual obligations?
• Does the rest of the handbook conflict with the disclaimer by making promises of long-term employment or discharges only for just cause? 

• Does the scope of the disclaimer cover not only the statements in the handbook but also any other statements that are made to employees? 

Is the employee required to read and acknowledge the disclaimer?

• Is the disclaimer located on the employment application that the employee has filled out and signed?
• Is the disclaimer located on an acknowledgement page in the handbook that the employee is required to sign?
• Can the page be torn out and placed in the employee's personnel file? 

Reprinted with permission. © CCH