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handbook as a contract

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J

jcg0822

Guest
i live in sc. i worked for a company that had a handbook with no disclaimer about the handbook not being a contract. a few years after i began working a new handbook was issued that had in bold letter on the last page that "this handbook is not a contract" both books said an employee could be terminated only if they engaged in misconduct or their services are no longer needed. i was fired for "poor attendance" i have not been absent in over a year. when i pointed this out they said they did not need a reason to fire me. goodbye. do i have a case? i was hired under the first handbook with no disclaimer. could i be considered a contract worker instead of an at will worker? are there any cases that come to mind dealing with this that may help me? thanks.
 


Beth3

Senior Member
It is not necessary for an employee handbook to have a "this is not a contract" disclaimer not to be a contract. If the handbook says that an ee will only be discharged for certain specific reasons and there is no "at will" statement in the handbook, then you may have something there.

You really will have to show the handbook to an employment law attorney. Whether you have a case depends upon the EXACT wording of the handbook. A read-through of the entire thing by a legal expert is required.
 

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