Employee Communications: Alabama
Federal law and guidance on this subject should be reviewed together with this section.
Author: Tamula Yelling, Constangy, Brooks, Smith & Prophete, LLP
- In Alabama, employers can terminate the employment relationship for good reason, bad reason or no reason at all, so long as the reason is not discriminatory or retaliatory. See Communicating in Employee Handbooks, Policies and Procedures.
- Employers should be sure to avoid altering the at-will employment relationship when communicating with employees. See Communicating in Employee Handbooks, Policies and Procedures.
- Alabama requires employers to post a number of required notices to employees.See Required Postings.
- Alabama disfavors restraints on trade, and therefore also disfavors noncompete agreements and restrictive covenants. See Communicating in Employee Handbooks, Policies and Procedures; Noncompete Agreements.
- Employers must ensure that any advertisements or job postings are consistent with the job description. See Job Analysis and Documentation.
- Employers should be mindful that statements made during the interview can create implied contractual relationships, thereby destroying the at-will nature of the employment relationship. Accordingly, employers should avoid making any promises regarding the job or the length of employment of the job. See Interviews.
- Performance appraisals, which have been properly conducted and communicated to employees, serve as the best evidence for demonstrating legitimate, nondiscriminatory reasons for adverse employment actions, including terminations. See Performance Appraisals and Disciplinary Actions.
- An employer's communications with an employee may differ, depending on the reason for the termination. See Terminations.
- Alabama law provides a statutory claim for defamation. See Defamation and References.
- In the event of potential litigation, records likely to be relevant to an individual's employment should be preserved pursuant to a litigation hold policy. See Maintenance of Records.
- Alabama law prohibits handheld texting while driving. See Use of Mobile Devices.