Publication
Workplace Word® – August 2012
Overbroad At-Will Disclaimers and Confidentiality Requests Are Being Challenged in Non-Unionized Workplaces
by Ashley T. Kasarjian
The Acting General Counsel of the National Labor Relations Board (NLRB) has taken some unexpected and troubling positions against Arizona employers that should cause all employers nationwide to take notice. Over the past several months, the Acting General Counsel has challenged commonplace terminology in at-will policies and has also opposed the practice of requiring employees to maintain the confidentiality of an internal investigation.
The claims are based on the premise that prohibiting employees from changing the at-will nature of their employment, or discussing the terms and conditions of their employment, could interfere with their rights protected by the National Labor Relations Act (NLRA or the Act). More specifically, the actions alleged the companies interfered with, restrained and/or coerced employees in the exercise of the rights guaranteed by Section 7 of the Act, in violation of Section 8(a)(1) of the Act.
About Snell & Wilmer
Founded in 1938, Snell & Wilmer is a full-service business law firm with more than 500 attorneys practicing in 16 locations throughout the United States and in Mexico, including Los Angeles, Orange County and San Diego, California; Phoenix and Tucson, Arizona; Denver, Colorado; Washington, D.C.; Boise, Idaho; Las Vegas and Reno, Nevada; Albuquerque, New Mexico; Portland, Oregon; Dallas, Texas; Salt Lake City, Utah; Seattle, Washington; and Los Cabos, Mexico. The firm represents clients ranging from large, publicly traded corporations to small businesses, individuals and entrepreneurs. For more information, visit swlaw.com.