How do I avoid the employee handbook becoming a contract of employment?
The best and simplest way is to have each employee sign an acknowledgment for receipt of the handbook in which the employee agrees that the handbook is not a contract of employment and reaffirming the “at-will” employment relationship. Although an employee handbook is a valuable tool to set forth important policies and procedures in the workplace, it is important that any signed acknowledgment of the receipt of the handbook by the employee establish the handbook is not a contract of employment so as not to erode the “at-will” employment relationship presumed under California Labor Code section 2922. Additionally, having employees sign an employment application at the time they are seeking employment with an organization with “at-will” language would further solidify the “at-will” employment relationship.
