What Does it Mean if an Employment Law Handbook includes an “At-Will” Disclaimer in Florida?
Our state operates under an at-will employment standard. The Florida Bar explains that “at-will employment” presumes that the relationship between an employer and an employee is fully voluntary—unless there is a contract stating otherwise. Many employers will include a provision called an at-will employment disclaimer in their handbook. In this article, you will find an overview of the key things to know about at-will employment, employee handbooks, disclaimers, and employment agreements.
At-Will Employment: Defined
Virtually every U.S. state operates under a presumption of at-will employment. Florida is no exception to the rule. At-will employment means that either the employer or the employee can terminate the employment relationship at any time, for any reason—even no reason at all—as long as the reason is not illegal. Illegal reasons include discrimination and retaliation. At-will employment gives both parties flexibility but can also lead to uncertainty.
What is an Employee Handbook?
Many employers in Florida have an employee handbook. Broadly explained, an employee handbook is a document that outlines the employer’s policies, expectations, and procedures. It often covers matters such as work hours, benefits, leave policies, disciplinary procedures, and anti-harassment guidelines. While employee handbooks are not generally considered binding legal contracts, they can become legally significant if the language suggests promises or guarantees. For this reason, Florida employers often include disclaimers within the text of the handbook.
Note: Employee handbooks are not required by law in Florida. While many employers—especially larger employers—tend to have employee handbooks, it is an optional practice for companies.
Employee Handbooks and At-Will Employment Disclaimers
An at-will disclaimer in a handbook is a clear statement that employment is not guaranteed for any particular length of time and can be terminated at any time by either party. Along with other things, a disclaimer will typically clarify that the handbook itself is not a contract and does not alter the at-will status of the employment. Why do so many employers include this type of language? Doing so can help to prevent employees from claiming that policies or statements in the handbook created an implied contract for continued employment that differs from the at-will employment standard. Any disclaimer language must be carefully drafted.
An Employment Agreement Should Be Carefully Drafted
While handbooks often contain disclaimers, a formal employment agreement—if one exists—can override the at-will presumption. Both employers and employees should understand that a signed employment contract may create enforceable rights that differ from Florida’s at-will employment standard and from any general policies that are listed in an employee handbook. For employers, it is crucial to draft handbooks and contracts in a consistent manner. For employees, a professional review of all documents before signing helps to ensure a clear understanding of their rights.
Get Help From a Florida Employment Law Attorney
Do you have any questions or concerns about at-will employment in Florida? Professional help is available. Consult with a Florida employment attorney to set up a confidential consultation.
