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Company Policy vs. Law

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R

Rodeo60

Guest
I am currently in a dispute with my employer. I am in a "non protected" class yet I have been harassed over the last two years by my boss (the CEO). He is not paying me commissions owed and he threatens to sell the company whenever I push for him to get me answers to the extent that I was offered a demotion or a severance package.

The company policy is clear: It is the policy of (company) to maintain a work environment free of harassement of any kind from any source - management, co-workers, clients, visitors and vendors. The company recognizes and upholds the right of each employee to work in an environment free from comments and condust that interfere with an employee's work performance or create a hostile or offensive work environment.

My question is: when a company has a policy that is more restricting than the law, which are they held to legally, the limits of the law or their stated policy? They have clearly violated company policy, but are stating that they've done nothing unlawful.
 


L

loku

Guest
A set company policy can be part of the implied employment contract, particularly if the policy is clear and particularly if it is written. Therefore, although the company may have done nothing illegal, it has possibly breached the implied employment contract.
 

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