Alaska Employment Law

Today’s meeting of the Alaska Bar Association’s Employment Law Section addressed 13 questions submitted by members.  Here are the “Stump the Employment Law Section Questions.”  A couple of thoughts:

Stating reasons for dismissal of at-will employees: I was surprised at the defense bar sentiment in favor of having employers provide at-will employees with reasons for dismissal.  Rationales were: 1) the employer will eventually have to provide a reason in response to a separation questionaire from the Division of Employment Security (unemployment); 2) if the employee later alleges discrimination, an early statement of reasons will help the employer avoid a claim of fabrication; and 3) providing real-time reasons will reduce employee suspicion.   

Reducing ex-employee claims of defamation:  Employers could insist the ex-employee provide a release, with a hold harmless/indemnification provision, and also rely on AS 09.65.160 (”Immunity for good faith disclosures of job performance information”).  But that still leaves the employer on the hook for allegations of bad faith.   If the employer feels obligated to provide a letter of reference (e.g., wants to assist the inquiring employer), it could send the reference letter to the ex-employee, and advise the inquiring employer to contact the ex-employee for the letter.  If the ex-employee sends on the letter (after reading it), hasn’t the employee effectively immunized the former employer via defenses such as waiver, intervening cause, assumption of risk, and contributory negligence?