Page 249 - Washington Nonprofit Handbook 2018 Edition

is deemed to be terminable “at will.” This means that an employee may resign at
any time for any or no reason, and the employer may discharge the employee at
any time for any reason that is lawful or no reason at all. Washington courts have
held that in certain limited circumstances an employee may enforce handbook
provisions that contain promises of specific treatment in specific circumstances.
There are ways to avoid this result, but employers are well advised to get legal
advice before providing a handbook to employees.

b. Preserving the “At Will” Employment Relationship

To preserve the “at will” employment relationship, employee handbooks
should reserve discretion to the employer to handle any particular employment
situation as it determines to be warranted. Such handbooks should avoid
statements that employees may be discharged or disciplined only “for cause” or
“just cause” or after a certain process or procedure. The handbook should not
guarantee any particular period of employment or suggest that employment is

“permanent” or “guaranteed.” A handbook should contain a prominent disclaimer
that makes clear that the employee handbook and all provisions in the handbook
are general guidelines and do not constitute a contract or an assurance of
continued employment. The disclaimer should include a statement that the
employee acknowledges and understands that his employment is terminable at
will. The disclaimer should define the term “at will.” The disclaimer should also
state that the employee understands that the employer may change the handbook
and its provisions at any time. If there was a previous handbook or set of policies,
the disclaimer should state that such handbook is no longer in effect. Finally, it
should be expressly stated which management person, if any, has the authority to
change an employee’s at-will status and that this may only be done by specific
written agreement. It is recommended that an employer have each employee read,
sign and date an acknowledgement of receipt of the handbook and an
acknowledgement of the disclaimer.

c. Matters to Include in an Employee Handbook

The following matters are suggested employer policies and procedures to
include in an employee handbook:

• Employment-at-will status;

• Equal employment/nondiscrimination policies;

• Harassment prevention policy and specific complaint procedures;

WASHINGTON NONPROFIT HANDBOOK -238- 2018