Implied Contract

HR Newbie

We are in the process of revising our (seriously antiquated) handbook. My concern is based on the fact that New Mexico is an at-will employment state, but our old handbook could be construed (easily) to be an implied contract. Are there any suggestions for keeping my legal bases covered as we move from the old handbook to the new?

Margaret Morford

Be sure that your handbook has a very strong disclaimer that says it does not constitute a contract of employment with anyone, that the only binding contracts of employment must be in writing signed by the CEO of the company. Also, get each employee to sign an acknowledgement that they received the handbook and acknowledging that it does not constitute a contract of employment. I may have a sample I could send you. Call me at 615-371-8200 if you want me to send it to you.

System

Here is a great article from New Mexico Employment Law Letter that confirms what Margaret stated about the disclaimer. It also includes some sample disclaimer language.

[url]http://www.hrhero.com/headlines/030901/handbooks.shtml[/url]

Hope this helps!

Rockie

Make sure you put in your employee acknowledgement that this copy of the handbook supercedes any foregoing handbooks. Also, make sure all employees sign the disclaimer and turn it in to you for their personnel files.