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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19085
Experience:  Employment/Labor Law Litigation
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Employee was terminated without any written/verbal warnings

Customer Question

Employee was terminated without any written/verbal warnings regarding any specific offense. This is in conflict with written company policy as stated in employee handbook. Does she have a case to sue for damages.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

That will depend on the wording of the company handbook.

In employment law, if you have no employment contract that specifically states that you can only be terminated for cause, you are an "at will" employee. That means that you can legally be terminated at any time, with or without cause or warnings.

So, for this handbook to actually alter that normal "at will" employment status, it would have to have very specific language making it an implied contract. It would have to remove all discretion from the employer. If the handbook makes it clear that it does not intend to alter the "at will" employment relationship, then it wouldn't amount to a quasi contract and there would not be any legal basis for a claim for damages.