Senate amends, approves at-will bill

COLUMBIA, S.C. - A bill approved by the Senate Tuesday would clarify that an employee handbook could be considered a contract unless it is clearly marked with a disclaimer.

State law allows employers to fire workers for any or no reason as long as no contract has been signed.

Proponents of the employment-at-will legislation say years of court rulings have said an employer creates a contract by giving an employee a handbook. Some say that undermines employers' ability to fire workers they don't want on their payrolls.

Senators passed an amendment, striking the previous employment at-will bill and replacing it with one paragraph.

Co-sponsor Sen. Larry Martin, R-Pickens, said he tried to make the bill simple to avoid more legal battles over whether an employee manual can be construed as an employment contract.

Opponents are concerned the bill makes it easier for employers to fire workers.

The amended bill requires employee handbooks or policy documents issued after June 30 to be marked with a disclaimer, which must be typed in underlined letters on the first page of the document. The employee also must sign the handbook.

If a discrepancy arises over whether the disclaimer is conspicuous, a judge will make the determination.

The bill passed the House last year. Now the amended bill will return to the House for debate.