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We are an employment-at-will employer. Can we include employment-at-will statements in our policies for union employees?

You could do so but please remember that such policies might not apply to union employees.  The presence of a collective bargaining agreement (CBA) would supersede an employer’s ability to use employment-at-will provisions since bargaining unit employees would be handled in accordance with the provisions of the CBA rather than employment-at-will policies.  Therefore, if you wish to include an at-will statement in a policy, consider adding verbiage indicating CBA applicability, such as “the provisions of this policy will apply except where the policy conflicts with state law or CBA provisions”.  As with all new policies, we recommend that an employer present the policy to legal counsel for their review.

Please Note: This material is provided as general information and is not a substitute for legal or other professional advice. Contact the Knowledge Center for more information.

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