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  1. #1
    bp22nv is offline Junior Member
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    Company not following own policy?

    What is the name of your state? Nevada

    Hired in March 2005 by a large retail company in Ohio. Accepted a management position that did not require a college degree. Approximately 8 months later I get promoted to a management position that does require a degree. I do not hold one, but get the promotion. About 6 months later I quit. 2 months later I get re-hired by the same company in Nevada. 1 year later I am informed that I could be terminated for holding a position that requires a degree, even though I have stated on both my original hire application and re-hire application that I do not have one. Does this fall into the category of a company not following it's own policy? Anything I can do if they do decide to terminate me?

    *no specific field required for degree, it can be in anything
    Last edited by bp22nv; 08-01-2007 at 05:17 AM.
  2. #2
    cbg
    cbg is offline Senior Member
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    Even if it does, the law does not demand that employers follow their own policies. They may change, amend, violate or overlook them as they please, as long as by doing so they do not violate the law.

    If they decide to terminate you, you are free to file for unemployment and look for a new job.
  3. #3
    bp22nv is offline Junior Member
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    [url]http://research.lawyers.com/Nevada/Employment-Law-in-Nevada.html[/url] - says there is. Am I misinterpreting this web page where is says" And it's illegal for an employer to terminate an employee: Without following its own stated procedure or policy" ?
  4. #4
    cbg
    cbg is offline Senior Member
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    The web page is mistaken.
  5. #5
    hateworking is offline Junior Member
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    Quote Originally Posted by cbg View Post
    Even if it does, the law does not demand that employers follow their own policies. They may change, amend, violate or overlook them as they please, as long as by doing so they do not violate the law.

    If they decide to terminate you, you are free to file for unemployment and look for a new job.
    I thought the law required companies to follow their policies(or at least certain policies) as well, and if they change they have to notify(no time limit, of course) the employees?
    Last edited by hateworking; 08-01-2007 at 08:16 AM.
  6. #6
    pattytx is offline Senior Member
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    Quote Originally Posted by hateworking View Post
    I thought the law required companies to follow their policies(or at least certain policies) as well, and if they change they have to notify(no time limit, of course) the employees?
    Nope. If you find a law that requires it, please post it, because in my 30 years in this area, I haven't found one yet.

    Now, if we're talking about a union contract, that's a whole different situation.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
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  7. #7
    hateworking is offline Junior Member
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    Thanx for the response. That narrows my knowedge to 1) Must pay for actual tme worked 2) Can not descrimminate race, religion, yadda-yadda, and 3) cannot physically threaten harm. Now I just read in another post that some companies can possibly be exempt from paying overtime(+ 40 hrs a week).
    Did I get all law requirements?
  8. #8
    eerelations is offline Senior Member
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    Quote Originally Posted by hateworking View Post
    Now I just read in another post that some companies can possibly be exempt from paying overtime(+ 40 hrs a week).
    Where the heck did you see that? I can't find it in any recent posts.

    Regarding your question about companies being legally required to follow their own policies, there are some states that require employers to follow certain specific policies (usually vacation policies), however there are no state or federal laws that require all employers to follow ALL of their policies, whatever they may be.
  9. #9
    cbg
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    There ARE some very, very rare situations in which an employer is exempt from paying overtime. I don't believe the thread in which that was explained was on FA, however.

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