{"id":3119,"date":"2023-10-09T16:42:33","date_gmt":"2023-10-09T20:42:33","guid":{"rendered":"https:\/\/blissbook.com\/blog\/?p=3119"},"modified":"2026-03-02T11:35:09","modified_gmt":"2026-03-02T16:35:09","slug":"how-to-write-a-disclaimer-for-your-employee-handbook","status":"publish","type":"post","link":"https:\/\/blissbook.com\/blog\/how-to-write-a-disclaimer-for-your-employee-handbook\/","title":{"rendered":"How to Write a Disclaimer for Your Employee Handbook"},"content":{"rendered":"\n<p>This article is designed to familiarize you with how to create a disclaimer for your employee handbook. Although it is quite comprehensive, it does not cover 100% of all situations you may find yourself in.<\/p>\n\n\n\n<p>We want you to enjoy reading this article, and a big part of that is making sure it\u2019s a good fit for you and for us. With that in mind, your time here is at-will, meaning you can browse to another website at any time, and we can shut down this blog at any time, with or without cause or prior notice. Reading this article does not form a contract between you and Blissbook, express or implied, although we\u2019d be happy to <a href=\"https:\/\/blissbook.com\/request-a-demo\">make that happen<\/a>.<\/p>\n\n\n<div class=\"wp-block-image\">\n<figure class=\"alignright size-large is-resized\"><img loading=\"lazy\" decoding=\"async\" width=\"600\" height=\"511\" src=\"https:\/\/blissbook.com\/blog\/wp-content\/uploads\/2023\/10\/dislaimer-on-building.jpg\" alt=\"\" class=\"wp-image-3127\" style=\"width:289px;height:246px\"\/><figcaption class=\"wp-element-caption\">People are indeed the worst.<\/figcaption><\/figure>\n<\/div>\n\n\n<p>Your company&#8217;s employee handbook should have a successful and effective disclaimer. If you have any questions, please <a href=\"https:\/\/blissbook.com\/request-a-demo\">contact us<\/a>.<\/p>\n\n\n\n<p>We are not liable if the information herein is TOO helpful in helping you craft a bulletproof yet culture-first disclaimer for your <a href=\"https:\/\/blissbook.com\/blog\/what-is-an-employee-handbook\/\">employee handbook<\/a>.<\/p>\n\n\n\n<p>Is this joke getting old yet? \ud83d\ude04 Let\u2019s talk about your employee handbook disclaimer! A handbook disclaimer protects your company! It:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Ensures employees know your handbook is not 100% comprehensive<\/li>\n\n\n\n<li>Informs employees how to get help with any of your handbook\u2019s content<\/li>\n\n\n\n<li>Reiterates employees\u2019 at-will status<\/li>\n\n\n\n<li>Makes it clear that your handbook isn\u2019t an employment contract<\/li>\n\n\n\n<li>Emphasizes that the policies within are subject to change<\/li>\n\n\n\n<li>Renders all other versions obsolete<\/li>\n<\/ul>\n\n\n\n<p>In this article, we\u2019ll talk about why disclaimers are important, what your disclaimer should \u2014 and shouldn\u2019t \u2014 include, and how to create an effective disclaimer for your employee handbook.<\/p>\n\n\n\n<!--more-->\n\n\n\n<h2 class=\"wp-block-heading\">Why is a Disclaimer in Your Employee Handbook Important?<\/h2>\n\n\n\n<p>Your employee handbook\u2019s disclaimer is a proactive step to mitigate legal disputes and is important for both clarity and protection. It emphasizes your handbook&#8217;s role as an informational resource and not as a binding employment contract, which ensures employees don&#8217;t misconstrue its contents as guaranteed conditions of employment. This distinction safeguards your company from potential legal issues and costs.<\/p>\n\n\n\n<p>Additionally, your handbook disclaimer allows your organization the flexibility to make <a href=\"https:\/\/blissbook.com\/blog\/cheat-sheet-7-tips-for-handbook-updates\/\">necessary changes to policies<\/a> as needed. This is important as there are 50-100 changes per year in employment laws across all US states &amp; jurisdictions.<\/p>\n\n\n\n<p>Overall, your disclaimer acts as a shield, minimizing misunderstandings and potential liabilities, while also highlighting your company\u2019s authority and discretion to manage your workforce.<\/p>\n\n\n\n<p>Without a disclaimer, you may inadvertently expose your organization to legal risks. For example, if you have a progressive discipline process, but an employee does something egregious that warrants immediate termination, your disclaimer better protects you against an unlawful termination lawsuit or EEOC charge, even if your progressive discipline process states that you reserve the right to skip steps and move right to termination.&nbsp;<\/p>\n\n\n\n<p>No matter how clear your <a href=\"https:\/\/blissbook.com\/how-to-write-policies-procedures\">policies and procedures<\/a> are, your disclaimer page provides you with extra protection and flexibility.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What to Include in an Employee Handbook Disclaimer&nbsp;&nbsp;<\/h2>\n\n\n\n<p>When crafting your employee handbook disclaimer, you should keep several things in mind. Here are a few tips on what to include and what to leave out.&nbsp;<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Your Employee Handbook is Not 100% Comprehensive<\/h3>\n\n\n\n<p>No matter how imaginative or detail-oriented you are, it\u2019s impossible to cover every potential workplace situation in your handbook, although we\u2019re sure you HR pros have plenty of stories!<\/p>\n\n\n\n<figure class=\"wp-block-embed aligncenter is-type-video is-provider-youtube wp-block-embed-youtube wp-embed-aspect-16-9 wp-has-aspect-ratio\"><div class=\"wp-block-embed__wrapper\">\n<iframe loading=\"lazy\" title=\"George Costanza: Was That Wrong?\" width=\"474\" height=\"267\" src=\"https:\/\/www.youtube.com\/embed\/Td67kYY9mdQ?feature=oembed\" frameborder=\"0\" allow=\"accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share\" referrerpolicy=\"strict-origin-when-cross-origin\" allowfullscreen><\/iframe>\n<\/div><\/figure>\n\n\n\n<p>Including the following language in your disclaimer prevents an employee from pulling a George Costanza with a \u201cyou didn\u2019t specifically say I couldn\u2019t [fill in the blank], so I thought it was ok\u201d and it gives you the flexibility to address unique situations.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">This handbook is designed to familiarize you with our company and provide you with information about our brand, policies, guidelines, and programs, all of which affect your life here at Acme, Inc. Please keep in mind that it\u2019s not intended to be 100% comprehensive, and it\u2019s not meant to address every application of, or exception to, the general policies and procedures described.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Direct Questions to HR<\/h3>\n\n\n\n<p>Your disclaimer should also encourage employees to contact your HR team with questions. This helps ensure all policies and procedures are followed as best as possible. Plus, it helps you identify possible areas of ambiguity that you can address in your next handbook update.&nbsp;<\/p>\n\n\n\n<p>Simply add a line like this:&nbsp;<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">We want to ensure you have the information you need to succeed at Acme, Inc. If you have questions about the handbook or any of the content within, please contact the Talent and Culture team.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Reiterate Employees\u2019 At-Will Status<\/h3>\n\n\n\n<p>In the U.S., the doctrine of &#8220;at-will&#8221; employment means that an employer can terminate an employee for any reason (or no reason at all), as long as that reason isn&#8217;t illegal (e.g., based on race, gender, religion, or other protected characteristics). Similarly, an employee is free to leave a job at any time for any reason.<\/p>\n\n\n\n<p>If you have an at-will employment policy, it&#8217;s crucial to emphasize in your disclaimer that both the employee and employer are free to end the employment relationship at any time, as long as it&#8217;s not for illegal reasons.<\/p>\n\n\n\n<p>All U.S. states except for Montana* recognize the doctrine of at-will employment, but many have exceptions or modifications to the doctrine. Here are the 3 primary exceptions:<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Public Policy Exception<\/h4>\n\n\n\n<p>The most widely accepted exception, recognized in 43 states and DC, prohibits employers from firing employees for reasons that violate a state&#8217;s public policy. Here are a few examples:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><span style=\"text-decoration: underline;\"><strong>Retaliation for Reporting Illegal Activities (Whistleblowing):<\/strong><\/span> If an employee reports illegal activities or regulatory violations by the employer (often referred to as &#8220;whistleblowing&#8221;), many states prohibit the employer from retaliating by terminating that employee. For example, if an employee reports safety violations to OSHA or financial improprieties to the SEC, firing the employee in retaliation would likely violate the public policy exception.<\/li>\n\n\n\n<li><span style=\"text-decoration: underline;\"><strong>Refusal to Commit an Illegal Act:<\/strong><\/span> An employer cannot terminate an employee for refusing to do something illegal. For instance, if a manager instructs a subordinate to dump toxic waste illegally and the employee refuses, terminating the employee for this refusal would violate the public policy exception.<\/li>\n\n\n\n<li><span style=\"text-decoration: underline;\"><strong>Exercising a Statutory Right<\/strong>:<\/span> Employers cannot fire employees for exercising rights granted to them by law. A classic example is filing for workers&#8217; compensation. If an employee is injured on the job and files a claim, the employer cannot terminate the employee simply because they filed that claim. Similarly, an employer can&#8217;t fire an employee for taking legally protected family or medical leave.<\/li>\n<\/ol>\n\n\n\n<p>These examples reflect the broad idea behind the public policy exception: to ensure that employers don&#8217;t use the power of termination to force employees into compromising situations that conflict with societal values or rights granted by law.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Implied Contract Exception<\/h4>\n\n\n\n<p>Recognized in 38 states and the District of Columbia, this exception applies when an implied contract is formed between an employer and an employee, even if a written employment contract doesn&#8217;t exist. The implication of a contract might arise from verbal statements, company handbooks, or other employee guidelines. Here are three examples of the implied contract exception:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><span style=\"text-decoration: underline;\"><strong>Employee Handbooks or Policies:<\/strong><\/span> If an employee handbook states that employees will only be terminated for cause or outlines a specific disciplinary procedure that will be followed before termination, this can create an implied contract. For example, if the handbook specifies a &#8220;three-strike&#8221; rule or a progressive discipline policy (e.g., verbal warning, written warning, suspension, then termination), an employer might be expected to follow that process before terminating an employee.<\/li>\n<\/ol>\n\n\n\n<ol start=\"2\" class=\"wp-block-list\">\n<li><span style=\"text-decoration: underline;\"><strong>Oral Promises or Representations:<\/strong><\/span> An employer might orally tell an employee something like, &#8220;As long as you do your job, you&#8217;ll always have a place here.&#8221; If the employee relies on this representation and then is suddenly terminated without cause, the employee might argue that there was an implied contract based on the employer&#8217;s verbal assurance.<\/li>\n<\/ol>\n\n\n\n<ol start=\"3\" class=\"wp-block-list\">\n<li><span style=\"text-decoration: underline;\"><strong>Consistent Practices or Customary Treatment:<\/strong><\/span> Even without a written or oral promise, if an employer has a consistent practice of only terminating employees for specific reasons or after certain procedures, an employee might argue that this consistent behavior has created an implied contract. For instance, if an employer has a longstanding practice of giving employees a series of warnings and opportunities to improve before termination, an employee who is suddenly fired without such a process might claim a breach of an implied contract.<\/li>\n<\/ol>\n\n\n\n<p>These examples demonstrate that, even in the absence of a formal, written employment contract, employees might still have certain expectations about the terms and conditions of their employment based on statements, policies, or behaviors of the employer. If those expectations are not met, the employee might invoke the implied contract exception to challenge a termination.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Covenant of Good Faith and Fair Dealing<\/h4>\n\n\n\n<p>The covenant of good faith and fair dealing implies that both parties to a contract will act in good faith and deal fairly with one another, and will not destroy the right of the other party to receive the contract\u2019s benefits. When applied to employment, it restricts the reasons and manner in which an employee can be terminated.<\/p>\n\n\n\n<p>Although this covenant is mainly for contracts, and employee handbooks are specifically designed to not be a contract, a minority of states (Alaska, Arizona, California, Idaho, Montana*, Nevada, Utah, and Wyoming) include employment relationships under this exception.<\/p>\n\n\n\n<p>Even in these states, many employees might still be considered at-will employees, especially if there&#8217;s no established employment contract or if the employer has taken steps to ensure that no implied contract exists (e.g. through clear disclaimers in their employee handbook).<\/p>\n\n\n\n<p>*Montana is unique as the only state without at-will employment, due to its <a href=\"https:\/\/leg.mt.gov\/bills\/mca\/title_0390\/chapter_0020\/part_0090\/sections_index.html\">Wrongful Discharge from Employment Act<\/a>. After a probationary period, employees can only be terminated for &#8220;good cause.&#8221;<\/p>\n\n\n\n<p>Here are three examples of potential breaches of this covenant in an employment context:<\/p>\n\n\n\n<ol class=\"wp-block-list\">\n<li><span style=\"text-decoration: underline;\"><strong>Termination to Avoid Financial Obligations:<\/strong><\/span> An employer terminates an employee just before a significant bonus is due or right before the vesting of retirement benefits or stock options. This action could be seen as the employer acting in bad faith to avoid a financial obligation.<br><\/li>\n\n\n\n<li><span style=\"text-decoration: underline;\"><strong>Lack of Fair Process or Baseless Reasons:<\/strong><\/span> An employer provides false reasons for a termination, fabricates performance issues, or doesn&#8217;t give the employee a chance to rectify alleged problems when previous feedback suggested the employee was performing well. This deceptive behavior could be seen as a violation of the covenant because it&#8217;s not dealing with the employee fairly or in good faith.<br><\/li>\n\n\n\n<li><span style=\"text-decoration: underline;\"><strong>Mistreatment or Constructive Discharge:<\/strong><\/span> An employer might make the working environment so intolerable that an employee feels forced to resign, often referred to as a &#8220;constructive discharge.&#8221; This could involve harassment, demotion without cause, or a significant and unwarranted reduction in job responsibilities. If done with the intention of pushing the employee out without formally firing them, it could be seen as a breach of the covenant of good faith and fair dealing.<\/li>\n<\/ol>\n\n\n\n<p>These examples involve situations where an employer&#8217;s actions might be seen not just as terminations without good cause, but as terminations made in bad faith or with malice, thus violating the implied promise of good faith dealings in the employment relationship.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<p>Now that you fully understand at-will employment, let\u2019s add a clause to your disclaimer to ensure employees know their employment is at-will. At Blissbook, we\u2019re big fans of <a href=\"https:\/\/blissbook.com\/how-to-write-a-culture-first-employee-handbook\">culture-first employee handbooks<\/a>, so here\u2019s one way to convey \u201cno guarantee of employment\u201d in a friendly but clear manner:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">We want you to enjoy your employment here, and a big part of that is making sure it&#8217;s a good fit for you and for us. With that in mind, your employment is at-will, meaning either of us can end the employment relationship at any time, with or without cause and without prior notice.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Your Handbook is Not an Employment Contract<\/h3>\n\n\n\n<p>To prevent your handbook from implying an employment contract (see bullet #1 in the Implied Contract Exception section above), it&#8217;s essential to clarify in your disclaimer that the employee handbook is <strong>not<\/strong> an employment contract, express or implied, and that employment is not guaranteed for any length of time.&nbsp;<\/p>\n\n\n\n<p>Usually this topic is covered together with the previous At-Will Status topic. Here are a few options for this part of your disclaimer:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">This handbook is not a contract for employment, express or implied, and it does not guarantee any fixed terms and conditions of your employment.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">This employee handbook does not create an express or implied contract of employment between you and Acme, Inc.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">Neither the policies contained in this handbook nor any other written or verbal communication by any employee is intended to create or constitute a contract of continued employment between you and Acme, Inc. No wording in this document should be construed as creating any legally binding contract of continued employment.<\/p>\n<\/blockquote>\n\n\n\n<p>You may also want to specify how an actual legally binding contract can be created to clearly differentiate it from your handbook:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">No contract can be formed regarding any term or condition of employment unless it is in writing and signed by Acme, Inc\u2019s CEO.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">The Right to Modify the Handbook<\/h3>\n\n\n\n<p>State, city, county, and federal laws change, organizations grow, and <a href=\"https:\/\/blissbook.com\/blog\/what-policies-should-be-included-in-an-employee-handbook\/\">company policies<\/a> need to keep up. Be sure to state that the handbook content is <a href=\"https:\/\/blissbook.com\/blog\/cheat-sheet-7-tips-for-handbook-updates\/\">subject to change<\/a> \u2014 and that modifications can be made without notice. Here\u2019s one way to communicate this in your disclaimer:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">We strive to ensure our handbook remains up-to-date at all times. To achieve this, we may make changes to our policies and procedures without prior notice.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">The policies, procedures, and benefits described within may be altered or discontinued from time to time. Although we will try to communicate changes with you when they occur, a policy may be changed or eliminated without notice.<\/p>\n<\/blockquote>\n\n\n\n<p>Although we advise employers to not make any promises they aren\u2019t 100% ready to keep, Blissbook makes it so easy to communicate changes with employees that you could change the end of either of these examples to promise that you\u2019ll let people know when content changes:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">We\u2019ll inform you of any material changes, additions, or deletions in this handbook.<\/p>\n<\/blockquote>\n\n\n\n<p>Using a <a href=\"http:\/\/blissbook.com\">digital handbook platform<\/a> like Blissbook makes it easy to publish changes to your content any time, as many times as you want. Additionally, Blissbook\u2019s <a href=\"https:\/\/help.blissbook.com\/en\/articles\/2649720-annotations\">annotations feature<\/a> allows you to easily highlight and explain specific changes. This gives you control over how updates are communicated to employees, ensuring key changes aren\u2019t lost among minor edits.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"653\" height=\"199\" src=\"https:\/\/blissbook.com\/blog\/wp-content\/uploads\/2023\/10\/Blissbook-annotations-feature.png\" alt=\"\" class=\"wp-image-3120\"\/><\/figure>\n\n\n\n<p>This is one of many ways Blissbook simplifies handbook management and <a href=\"https:\/\/help.blissbook.com\/en\/articles\/2649591-notification-emails\">helps communicate updates<\/a>.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"1442\" height=\"680\" src=\"https:\/\/blissbook.com\/blog\/wp-content\/uploads\/2023\/10\/Blissbook-notification-emails.png\" alt=\"\" class=\"wp-image-3121\"\/><\/figure>\n\n\n\n<h3 class=\"wp-block-heading\">This Handbook Supersedes Previous Versions<\/h3>\n\n\n\n<p>It\u2019s important to emphasize that the latest version of the handbook is the go-to reference and supersedes all previous handbooks. If you\u2019re using a <a href=\"https:\/\/blissbook.com\/blog\/how-to-create-an-employee-handbook-online\/\">digital handbook platform<\/a> like Blissbook, employees will always see your most current published handbook. However, if employees may have outdated printed or electronic handbooks, it\u2019s important they\u2019re not adhering to outdated policies.<\/p>\n\n\n\n<p>Here\u2019s an example of how you can communicate this point in your disclaimer:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">As we evolve, so do our policies and procedures. The most current version of the handbook supersedes all previous versions; always make sure you\u2019re using the most current version.<\/p>\n<\/blockquote>\n\n\n\n<p>Did you know that although employees cannot <a href=\"https:\/\/help.blissbook.com\/en\/articles\/1699934-can-i-see-old-versions-of-my-policies\">access old versions of handbooks<\/a> in Blissbook, administrators can! Blissbook versions both your handbooks and every single policy within it.<\/p>\n\n\n\n<figure class=\"wp-block-image size-large\"><img loading=\"lazy\" decoding=\"async\" width=\"906\" height=\"550\" src=\"https:\/\/blissbook.com\/blog\/wp-content\/uploads\/2023\/10\/Employee-Handbook-Latest-Version.png\" alt=\"\" class=\"wp-image-3122\"\/><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\">The Title of your Disclaimer<\/h2>\n\n\n\n<p>At Blissbook, we often highlight the importance of creating a handbook that aligns with your <a href=\"https:\/\/blissbook.com\/how-to-write-a-culture-first-employee-handbook\">company culture<\/a>. There\u2019s no law that says you have to title your disclaimer \u201cDisclaimer\u201d or \u201cHandbook Disclaimer\u201d.&nbsp;<\/p>\n\n\n\n<p>Try some gentler phrasing like &#8220;About this Handbook&#8221;, which keeps the tone lighter and less legal-sounding.&nbsp;<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Sample Employee Handbook Disclaimer Template<\/h2>\n\n\n\n<p>Here\u2019s our example disclaimer that puts all the bits and pieces from above into a single disclaimer:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:22px; color:#7a7a7a;\"><strong>About this Handbook<\/strong><\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">This handbook is designed to familiarize you with our company and provide you with information about our brand, policies, guidelines, and programs, all of which affect your life here at Acme, Inc. Please keep in mind that it\u2019s not intended to be 100% comprehensive, and it\u2019s not meant to address every application of, or exception to, the general policies and procedures described.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">We want to ensure you have the information you need to succeed at Acme, Inc. If you have questions about the handbook or any of the content within, please contact the Talent and Culture team.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">We want you to enjoy your employment here, and a big part of that is making sure it&#8217;s a good fit for you and for us. With that in mind, your employment is at-will, meaning either of us can end the employment relationship at any time, with or without cause and without prior notice. This handbook is not a contract for employment, express or implied, and it does not guarantee any fixed terms and conditions of your employment.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A;\">We strive to ensure our handbook remains up-to-date at all times. To achieve this, the policies, procedures, and benefits described within may be altered or discontinued from time to time. Although we will try to communicate changes with you when they occur, a policy may be changed or eliminated without notice. The most current version of the handbook supersedes all previous versions; always make sure you\u2019re using the most current version.<\/p>\n<\/blockquote>\n\n\n\n<p>Note: it\u2019s common to have similar language in your <a href=\"https:\/\/blissbook.com\/blog\/how-to-create-acknowledgement-statement-to-your-employee-handbook\/\">acknowledgement statement<\/a> or <a href=\"https:\/\/blissbook.com\/blog\/employee-handbook-create-signature-page\/\">signature page<\/a>.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Topic-Specific Disclaimers<\/h2>\n\n\n\n<p>Sometimes called \u201csavings clauses\u201d, disclaimers within specific topics can protect your company from the misinterpretation of a policy.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">At-Will Employment<\/h3>\n\n\n\n<p>If you have a specific at-will employment policy separate from your disclaimer, you\u2019ll want to again include, within that policy, the same (or similar) language from your disclaimer that discusses at-will employment and how the handbook is not a contract.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Progressive Discipline<\/h3>\n\n\n\n<p>If you have a progressive discipline policy, you should include a disclaimer that you reserve the right to combine and\/or skip any of the disciplinary steps, at your discretion, and move right to termination. You may also want to remind employees that your progressive discipline policy does not create an implied contract nor does it guarantee an employee any specific length of employment. You could also make it clear that it doesn\u2019t modify anyone\u2019s at-will employment status.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">Note that we are not required to adhere to these exact steps in the defined order in every situation. We reserve the right to skip and\/or combine steps at our discretion. This policy does not guarantee any employee a specific term or condition of employment, nor does it modify anyone\u2019s at-will employment status.\u00a0<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Social Media<\/h3>\n\n\n\n<p>Although a general savings clause at the end of an unlawful policy does not turn it into a lawful one, it is beneficial next to any specific prohibited behavior. For example, when you remind employees in your <a href=\"https:\/\/blissbook.com\/blog\/creating-a-social-media-policy\/\">Social Media policy<\/a> about not violating your discrimination, harassment, or confidential information policies, you may also want to say something like:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">This rule does not prohibit activities protected by Section 7 of the National Labor Relations Act, such as your rights to discuss terms and conditions of employment.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Recording<\/h3>\n\n\n\n<p>If you have rules prohibiting recording or sharing of audio\/video or photos of your workplaces, you should include something along the lines of:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">This rule does not prohibit activities protected by Section 7 of the National Labor Relations Act.<\/p>\n<\/blockquote>\n\n\n\n<p>You would be in violation of the NLRA if you term someone for filming and sharing \u201cconcerted activity\u201d in your office that does not violate any of your other policies on harassment, confidentiality, etc.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Gossip<\/h3>\n\n\n\n<p>You likely don\u2019t have a standalone policy addressing gossip, but there could be instances where you&#8217;ll want to prevent employees from discussing matters related to their colleagues, or even consider disciplinary action or termination due to such behavior. If you prohibit this behavior in your <a href=\"https:\/\/blissbook.com\/blog\/creating-a-policy-against-harassment-discrimination-retaliation\/\">harassment, discrimination, retaliation<\/a>, bullying, or other related policies, you\u2019ll want to include a disclaimer there to not run afoul of the NLRA.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">This rule does not prohibit activities protected by Section 7 of the National Labor Relations Act, such as your rights to discuss terms and conditions of employment.<\/p>\n<\/blockquote>\n\n\n\n<h3 class=\"wp-block-heading\">Code of Conduct<\/h3>\n\n\n\n<p>If your <a href=\"https:\/\/blissbook.com\/blog\/creating-a-code-of-conduct-policy\/\">code of conduct<\/a> is distributed to employees as a section within your employee handbook, you should include another disclaimer (similar to the handbook disclaimer above) within the code of conduct describing how the Code doesn\u2019t modify the at-will status of any employee nor does it create an express or implied employment contract.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">How to Create a South Carolina Employee Handbook Disclaimer<\/h2>\n\n\n\n<p>South Carolina has a fun section within their <a href=\"https:\/\/www.scstatehouse.gov\/code\/t41c001.php\">Labor and Employment laws<\/a> (Section 41-1-110) entitled, \u201cConspicuous disclaimer of contract of employment created by handbook, personnel manual, or other document issued by employer.\u201d Here\u2019s the law:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A;\">It is the public policy of this State that a handbook, personnel manual, policy, procedure, or other document issued by an employer or its agent after June 30, 2004, shall not create an express or implied contract of employment if it is conspicuously disclaimed. For purposes of this section, a disclaimer in a handbook or personnel manual must be in underlined capital letters on the first page of the document and signed by the employee. For all other documents referenced in this section, the disclaimer must be in underlined capital letters on the first page of the document. Whether or not a disclaimer is conspicuous is a question of law.<\/p>\n<\/blockquote>\n\n\n\n<p>Do you really have to put an ugly, adversarial, legalese disclaimer on the front page of your handbook? Doesn\u2019t the state of SC know that you\u2019re trying to <a href=\"https:\/\/blissbook.com\/enterprise-policy-management\">change how employees think about their employment relationship<\/a> from a transactional, adversarial one to a mission-focused, we\u2019re all in this together one? No, no, they don\u2019t. Here\u2019s how you handle this, you intrepid, culture-loving HR pro.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">How to be Conspicuous<\/h3>\n\n\n\n<p>The law does <strong>not<\/strong> say that if you do NOT conspicuously disclaim that it DOES create a contract. It says that if you DO conspicuously disclaim per their instructions then it DOESN&#8217;T create a contract.<\/p>\n\n\n\n<p>The law also says, &#8220;Whether or not a disclaimer is conspicuous is a question of law&#8221;, which means it&#8217;s up to the judge in any case to decide what is or isn&#8217;t conspicuous based upon his\/her interpretation of the law.<\/p>\n\n\n\n<p>The law states that a disclaimer that&#8217;s all-caps, underlined, and on the first page should be considered &#8220;conspicuous&#8221;, so using this design is the bulletproof solution. It passes SC&#8217;s test of whether or not the disclaimer is &#8220;conspicuous&#8221; and basically renders all arguments that a handbook be treated as a contract moot. This is the safest option as it avoids being in a situation where you&#8217;re subject to a judge&#8217;s interpretation of the law (aka his\/her opinion).<\/p>\n\n\n\n<p>However, one could argue that there\u2019s room for interpretation here, and that the law says the judge should determine whether or not a disclaimer is &#8220;conspicuous&#8221; on a case-by-case basis. For example, let&#8217;s say a disclaimer was all-caps, underlined, and on the first page, but it was also in 6pt script font and colored light gray. That doesn&#8217;t seem conspicuous. Or let&#8217;s say it was 20pt times new roman, bold, bright red, and on the first page. It&#8217;s not underlined or all-caps, but it sure seems conspicuous.<\/p>\n\n\n\n<p>So we believe there IS room to make a different design choice, but the risk is that in a potential case, you&#8217;d have to convince the judge that any design choice meets a standard of conspicuousness that is different but equal to the standard that\u2019s outlined in the law.<\/p>\n\n\n\n<p>All this said, if a disclaimer is determined to NOT be conspicuous, any plaintiff would still have to prove that the handbook sets out procedures that are binding on the employer (e.g., if your handbook says all terminations are preceded by a progressive discipline process). The court would evaluate all handbook statements and any disclaimer, together, to determine whether or not they establish beyond any doubt that an enforceable promise exists.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Our Advice<\/h3>\n\n\n\n<p>Now that you know all this information, what should you do?<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>All-caps, underlined, and on the first page is the safest, easiest-way-out.<\/li>\n\n\n\n<li>Not using this design doesn&#8217;t automatically leave you at risk. You can make a different design choice and still comply with the law if the judge agrees your design choice is conspicuous.\n<ul class=\"wp-block-list\">\n<li>Maybe instead you put your disclaimer right before your policies, and instead of all-caps and underlined, you use an on-brand accent color to make it stand out.<\/li>\n<\/ul>\n<\/li>\n\n\n\n<li>Even if your disclaimer is not deemed conspicuous, so long as your handbook does not set out any enforceable promises stated in mandatory language (e.g. &#8220;mandatory, progressive discipline procedures&#8221;), you&#8217;re still protected. To qualify as mandatory language sufficient to establish an implied contract for employment, the policy manual language \u201cmust be definitive in nature, promising specific treatment in specific situations.\u201d You can be in the clear by following our advice above on an in-policy Progressive Discipline disclaimer.<\/li>\n\n\n\n<li>If you want to dive in deeper, here\u2019s 3 <a href=\"https:\/\/casetext.com\/case\/acosta-v-worldwide-1\/\">related<\/a> <a href=\"https:\/\/casetext.com\/case\/anthony-v-atl-grp-inc?passage=ZWFbaroQFmDIuSe1KwViVQ&amp;resultsNav=false\">case<\/a> <a href=\"https:\/\/casetext.com\/case\/grant-v-mount-vernon-mills-inc#p150\">laws<\/a> you can review.<\/li>\n<\/ul>\n\n\n\n<h3 class=\"wp-block-heading\">Sample South Carolina Disclaimer Template (Print\/PDF Version)<\/h3>\n\n\n\n<p>If you\u2019re issuing a printed handbook and all your employees are in South Carolina, you should have this disclaimer as the first page of your handbook, and you should have employees sign it. Here\u2019s a <a href=\"https:\/\/www.dropbox.com\/scl\/fi\/oma5esydb43zkkpd1vhh7\/SC-First-Page-Disclaimer-Sample.docx?rlkey=rk4jcaof82q8f15fzspnlpqat&amp;st=mbkhwrj2&amp;dl=0\">free South Carolina Disclaimer template<\/a> designed for use with a printed\/PDF handbook (model disclaimers\/acknowledgements for use in Blissbook are available inside Blissbook, or see below). You likely don\u2019t need to make it underlined and all-caps if you have a different design choice that\u2019s equally conspicuous.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Example South Carolina Disclaimer Template (Blissbook Version)<\/h3>\n\n\n\n<p>If you\u2019re using Blissbook, you\u2019ve got a few decisions to make. A handbook in Blissbook is a website and doesn\u2019t have pages, so we\u2019re not 100% certain how a court would rule in this situation. Unless you go with our \u201csign, then view\u201d acknowledgement option (see below) with an all-caps &amp; underlined disclaimer &amp; acknowledgement form, this may be up to a judge\u2019s interpretation of the law.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Content<\/h4>\n\n\n\n<p>What should your disclaimer say? According to the law, it seems as though it can be as short as \u201cThis employee handbook does not create an express or implied contract of employment.\u201d<\/p>\n\n\n\n<p>You likely also want to reiterate that the employee\u2019s employment is at-will, and what that means.<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A; text-decoration: underline; text-transform: uppercase;\">WE WANT YOU TO ENJOY YOUR EMPLOYMENT HERE, AND A BIG PART OF THAT IS MAKING SURE IT&#8217;S A GOOD FIT FOR YOU AND FOR US. WITH THAT IN MIND, YOUR EMPLOYMENT IS AT-WILL, MEANING EITHER OF US CAN END THE EMPLOYMENT RELATIONSHIP AT ANY TIME, WITH OR WITHOUT CAUSE AND WITHOUT PRIOR NOTICE. THIS EMPLOYEE HANDBOOK DOES NOT CREATE A CONTRACT OF EMPLOYMENT, EXPRESS OR IMPLIED, AND IT DOES NOT GUARANTEE ANY FIXED TERMS AND CONDITIONS OF YOUR EMPLOYMENT.<\/p>\n<\/blockquote>\n\n\n\n<h4 class=\"wp-block-heading\">Placement<\/h4>\n\n\n\n<p>Most Blissbook handbooks have a cover page, and putting a disclaimer like this above the cover page can screw up the layout and\/or look weird. We recommend putting this disclaimer right below the cover page. If your cover page isn\u2019t too tall, employees will see it on the \u201cfirst\u201d page when the document loads.<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">Who can see it?<\/h4>\n\n\n\n<p>Blissbook allows you to <a href=\"https:\/\/help.blissbook.com\/en\/articles\/1699830-personalized-content\">restrict access to certain content within any document<\/a>, so you can set this up where only your SC employees see this disclaimer on the first page. At least you can be culture-first with the rest of your employees!<\/p>\n\n\n\n<h4 class=\"wp-block-heading\">How does signing work?<\/h4>\n\n\n\n<p>The law says that the disclaimer must be signed by the employee. <a href=\"https:\/\/blissbook.com\/blog\/how-to-create-acknowledgement-statement-to-your-employee-handbook\/\">Your acknowledgement form<\/a> will likely already say that the handbook is not a contract, and that the employee\u2019s employment is at-will. If it doesn\u2019t, fix it!<\/p>\n\n\n\n<p>We believe employees who sign this acknowledgement are in compliance with the law. For SC employees, your form should be in all caps and underlined or use a different design choice that\u2019s equally conspicuous. Again, you can use Blissbook\u2019s <a href=\"https:\/\/help.blissbook.com\/en\/articles\/1699830-personalized-content\">personalized content functionality<\/a> if you want your <span style=\"text-decoration: underline;\">TEXTUAL SHOUTING<\/span> to only be directed at SC employees.<\/p>\n\n\n\n<p>Blissbook\u2019s acknowledgement form can be set to either \u201cview and sign\u201d where an employee can view the entire handbook and sign whenever they\u2019d like, or \u201csign, then view\u201d where they must sign in order to actually view. The latter is used when employees are <em>only<\/em> acknowledging that they\u2019ve received the document (not that they\u2019ve read it, understood it, or anything else).<\/p>\n\n\n\n<p>If you opt for the latter, the acknowledgement form will pop up as soon as someone opens the handbook. This could be considered the \u201cfirst page\u201d and means you would not have to put a disclaimer in the actual text of the document (or at least, not on the \u201cfirst\u201d page).<\/p>\n\n\n\n<p>Any good acknowledgement form will contain language about the employee\u2019s employment being at-will and that the handbook is not a contract. However, if you\u2019re trying to make your SC handbook bulletproof, either make the at-will and not-a-contract portions of your current acknowledgement <span style=\"text-decoration: underline;\">ALL-CAPS &amp; UNDERLINED<\/span> or include all or parts of the following for your South Carolina employees:<\/p>\n\n\n\n<blockquote class=\"wp-block-quote is-style-large is-layout-flow wp-block-quote-is-layout-flow\">\n<p style=\"font-size:20px; color:#9A9A9A; text-decoration: underline; text-transform: uppercase;\">PURSUANT TO SOUTH CAROLINA LAW, I ACKNOWLEDGE AND UNDERSTAND THAT THIS EMPLOYEE HANDBOOK DOES NOT CREATE AN EXPRESS OR IMPLIED CONTRACT OF EMPLOYMENT BETWEEN ACME AND ME.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A; text-decoration: underline; text-transform: uppercase;\">I AGREE AND ACKNOWLEDGE THAT I\u2019M AN AT-WILL EMPLOYEE, MEANING THAT I CAN QUIT OR BE TERMINATED AT ANY TIME, FOR ANY REASON OR NO REASON. I AGREE AND ACKNOWLEDGE THAT THIS AT-WILL RELATIONSHIP CANNOT BE ALTERED AND THAT NO CONTRACT CAN BE FORMED REGARDING ANY TERM OR CONDITION OF EMPLOYMENT UNLESS IT\u2019S IN WRITING AND SIGNED BY THE CEO.<\/p>\n\n\n\n<p style=\"font-size:20px; color:#9A9A9A; text-decoration: underline; text-transform: uppercase;\">I ALSO AGREE AND ACKNOWLEDGE THAT THIS IS THE FIRST PAGE OF THE HANDBOOK GIVEN TO ME.<\/p>\n<\/blockquote>\n\n\n\n<h2 class=\"wp-block-heading\">Additional Considerations for Handbook Disclaimers<\/h2>\n\n\n\n<p>We\u2019ve covered all the disclaimer must-haves, but here are a couple more things to keep in mind when creating your disclaimer page.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Design and Accessibility<\/h3>\n\n\n\n<p>Make sure your disclaimer page is easy to find and comprehend so it fulfills its goal of safeguarding your company. Use language that can be deciphered without a law degree, and position it somewhere where it can\u2019t be missed.<\/p>\n\n\n\n<p>By the way, outside of South Carolina, there\u2019s no law that says this has to go at the beginning of your handbook. <a href=\"https:\/\/blissbook.com\/how-to-write-a-culture-first-employee-handbook\">Start with why<\/a>, then pop this in before your policies. Or create a whole beautifully designed chapter or section with a big photo background for this <em>at the end<\/em> of your handbook.<\/p>\n\n\n\n<p><strong>Psst. Looking for handbook design tips?<\/strong> Check out our article on <a href=\"https:\/\/blissbook.com\/blog\/how-to-design-an-effective-employee-handbook\/\">designing an effective employee handbook<\/a>.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Legal Compliance<\/h3>\n\n\n\n<p>Hey guess what? We aren\u2019t lawyers, and even if we were, we aren\u2019t <em>your<\/em> lawyer. The information provided does not, and is not intended to, constitute legal advice. Only your individual attorney can provide assurances that the information contained herein \u2013 and your interpretation of it \u2013 is applicable or appropriate to your particular situation.<\/p>\n\n\n\n<p>As with every aspect of your employee handbook, consult with your legal counsel to confirm whether or not your employee handbook disclaimer complies with applicable laws. A legal team can also advise you of any specific requirements for your company.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Ensure a Compliant and Clear Handbook with Blissbook<\/h2>\n\n\n\n<p>Your employee handbook disclaimer is important and should be treated as such. To recap, be sure your employee disclaimer meets the following criteria:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>Ensures employees know your handbook does not cover all situations<\/li>\n\n\n\n<li>Encourages employees to contact HR with questions<\/li>\n\n\n\n<li>Reiterates employees\u2019 at-will status<\/li>\n\n\n\n<li>Doesn\u2019t guarantee employment or create a contract<\/li>\n\n\n\n<li>Tells employees that your content is subject to change<\/li>\n\n\n\n<li>States that the new version supersedes all previous handbooks<\/li>\n<\/ul>\n\n\n\n<p>Take a look at your existing employee handbook disclaimer and, if it doesn\u2019t adhere to these guidelines, it\u2019s time for a rewrite. Even better, consider this your sign to explore how <a href=\"https:\/\/blissbook.com\/employee-handbook-software\">Blissbook<\/a> simplifies every element of the handbook process..&nbsp;<\/p>\n\n\n\n<p>The Blissbook platform helps you <a href=\"https:\/\/blissbook.com\/blog\/how-to-create-an-employee-handbook\/\">create a handbook<\/a> that\u2019s not only <a href=\"https:\/\/blissbook.com\/personalized-handbooks\">personalized and compliant<\/a>, but also reflects your organization as a whole. <a href=\"mailto:support@blissbook.com\">Reach out to us<\/a> to learn more, and let\u2019s create handbooks that communicate, protect, and inspire!<\/p>\n\n\n\n<p>You can also check out our <a href=\"https:\/\/blissbook.com\/sign-up\">free trial<\/a> for a hands-on experience.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This article is designed to familiarize you with how to create a disclaimer for your employee handbook. Although it is quite comprehensive, it does not cover 100% of all situations you may find yourself in. We want you to enjoy reading this article, and a big part of that is making sure it\u2019s a good [&hellip;]<\/p>\n","protected":false},"author":3,"featured_media":3125,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[112,25,47,79,57,26],"tags":[134,50,135,111],"class_list":["post-3119","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-acknowledgement-statement","category-employee-handbooks","category-handbook-content","category-how-to","category-hr-resources","category-policy-management","tag-disclaimer-page","tag-employee-handbook-content","tag-employee-handbook-disclaimer","tag-employee-handbook-how-to-resources"],"_links":{"self":[{"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/posts\/3119","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/comments?post=3119"}],"version-history":[{"count":43,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/posts\/3119\/revisions"}],"predecessor-version":[{"id":3574,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/posts\/3119\/revisions\/3574"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/media\/3125"}],"wp:attachment":[{"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/media?parent=3119"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/categories?post=3119"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/blissbook.com\/blog\/wp-json\/wp\/v2\/tags?post=3119"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}