Section 54 Activities by Employer to Minimize Likelihood of Employees Bringing and Prevailing in Action

• Library: Emp-Emp Law 2000

• Review all job advertisements and written or oral statements to applicants and employees to avoid any assurances or inducements as to job tenure or security. For example, the terms “permanent . . . probationary” and “discipline for good cause” (without further explanation) should be avoided

• Add a disclaimer on the employment application and other documents of the employment relationship. In Mater v. Hupp Corp., 326 S.W.2d 99, 101 (Mo. 1959), an employee’s signature on an employment application that stated, “‘I understand that I am not employed for any definite period of time. Anything herein to the contrary not withstanding,’” made employment terminable at will

( Example: Either the employee, on ___ days notice, or the employer reserve the right to terminate any employment relationship at any time, with or without cause, anything else to the contrary notwithstanding.

( It is desirable that this disclaimer be signed by the applicant or employee.

( After employment has commenced, to adopt the disclaimer may raise the argument of lack of consideration. SeeEaton v. Aid for...