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employer policies & firing

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F

freightguy

Guest
What is the name of your state? AZ

I was suddenly fired from an employer, the reason given being "poor attention to detail" a performance based reason.

The odd thing is that up to this point all feedback regarding performance had been favorable. My manager was very happy with my work and was "informed" of the firing the morning that it happened.

When I asked the owner about the poor attention to detail thing, he said he had no specifics.

Clearly there was some other reason for the termination of which I will never know, but regardless as it pertains to the official version....

The employee manual which clearly disclaims that it is not an employment contract, also conveys a policy regarding unsatisfactory performance which states that "If your performance is unsatisfactory due to lack of ability, failure to abide by company rules or failure to fulfill the requirements of your job you WILL be notified of the problem. If satisfactory change does not occur, you may be dismissed".

Can an unambiguous statement such as this be construed as to modify the "at will employment contract"?

The AZ Supreme Court has said that "once a personnel policy has been stated, it cannot be treated as illusory".

Do the disclaimers of the handbook actually disclaim the POLICY if it can be proven that the policy exists in and of itself whether or not it was conveyed in the handbook?
 



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