No Handbook

[sharon1977]

We do not have a handbook at our company. So when they write you up for something that you did that was wrong in the company eyes, you are surprised because you did not know it was wrong. They are very nit-picky about certain things. I have not been written up, but all of the sudden people are being written up for things that have never been an issue in the past. When you ask them for a copy of the handbook they tell you they don't have one. We have not had a handbook since the new HR manager arrived 3 years ago. He made the old handbook, "null and void". When you ask him about it he tells you it is in the works. That answer gets old as it has been in the works for 3 years. Apparently they can do this, but will it hold up should any of them be fired?

Thanks.

 

[cbg]

No employer is required by law to have a handbook or to provide written policies.

A wrongful termination does not mean that you were fired in violation of company policy, anyway; it's not an illegal termination unless there is a law, either state, Federal or municipal, that specifically prohibits termination for that reason.

 

[Green_Hornet]

It depends on the State you live in,some states regard the hand book as binding in some ways. I suggest you keep a copy of the hand book whether it was supposedly reascended or not.
If their is an adverse action by the employer then take it to an employment attorney in your State for further clarification.

 

[cbg]

The majority of handbooks specifically state that they are NOT contracts.

While I suppose it's possible that a handbook could be considered a binding contract, that happens very, very rarely even in the states that allow it. I wouldn't be holding my breath on that.

The likelihood that a firing will be termed illegal based on a discrepancy in the handbook is very, very, VERY slim.

 

[Green_Hornet]

The majority of handbooks specifically state that they are NOT contracts.

While I suppose it's possible that a handbook could be considered a binding contract, that happens very, very rarely even in the states that allow it. I wouldn't be holding my breath on that.

The likelihood that a firing will be termed illegal based on a discrepancy in the handbook is very, very, VERY slim.

That calls for a conclusion with facts not present. If there is an adverse action by the employer then take it to an employment attorney in your State for further clarification. You may be correct, but you're answering questions, that can only be answered at trial, before an intake has even been conducted by the law office, or a lawyer has done an interview to see if the poster even has a case to proceed with.

 

[cbg]

With all due respect, so is your response a conclusion based on facts not present. You have no idea what the handbook says or even what state the poster is in so telling the poster that the voided handbook can be considered contractual is stretching it, to say the least.

 

[CdwJava]

It will likely depend on the reason for the termination, and, of course, the state. In a case of termination with cause, it may be arguable that the cause was groundless based upon the employee's actions when compared to the policy or practice to which the employee was held - per the handbook or manual.

Ultimately, the employee would have to go through whatever internal or external appeal process might be available to him or her before going to court. And successfully suing for wrongful termination can be a very, very tenuous thing.

- Carl

 

[cacazoid]

start your own business! employers suck big (deleted)!

 

[Green_Hornet]

With all due respect, so is your response a conclusion based on facts not present. You have no idea what the handbook says or even what state the poster is in so telling the poster that the voided handbook can be considered contractual is stretching it, to say the least.

Excuse me I said no such thing, please re-read:

It depends on the State you live in, some states regard the hand book as binding in some ways. I suggest you keep a copy of the hand book whether it was supposedly rescinded or not. If there is an adverse action by the employer then take it to an employment attorney in your State for further clarification.

No where did I say a lawyer would say the handbook is absolutely binding, no where did I say it was admissible as evidence, and I certainly did not say it proved a contract.
You also do not no the wording of the handbook, yet you seem quite certain that it is not, and you even conclude its void. You're a very bold man; please do not put words in my mouth again. Thank you very much.