at will disclaimer on application only

[diane36409]

What is the name of your state?What is the name of your state? Illinois

I finally received a copy of my personnel file after my termination last November. The company did have at will language on the application stating it could fire for cause or no cause. The company also has a Rules & Regulations hand-out stating that "Company name policy in matters of discipline is one of progressive or corrective action. This means that the proper disciplinary action is the least amount required to correct the employee's misconduct. It is not our intent to impose discipline as punishment, nor will it be punitive except: 1) Where an employee fails to respond to corrective action or 2) The misconduct is so offensive and serious in nature that it must be dealt with promptly and severely." Does anyone know if the at will language on the employment application is sufficient to protect an employer when they also have a progressive discipline policy? There is no termination paperwork in my personnel file if they are stating that the misconduct was so offensive and serious in nature that it must be dealt with promptly. Before getting a copy of my file and seeing at will language on the employment application, I felt I may have a breach of contract claim but now I am not sure. Also this at will language only appeared on the application and no where else on any company literature. My offer of employment letter has no at will language. Any response would be greatly appreciated. I just want to put this to rest - if I have no case I can accept it, but my gut instrinct is something is very wrong with my termination. Also, this incident happened overseas and did not involve my job duties, but rather I was sold as labor to a contractor with cultural differences on an explosive job site that was way past deadline.

 

[pattytx]

The "at-will employment" does not need to be specifically stated in any agreement, employee handbook or other document. Since Illinois is an at-will state, all employment is assumed to be at-will unless there is a union contract or other valid, enforceable employment contract overriding it.

In addition, there is no law that requires an employer to follow any disciplinary process they might have; the employer is free to bypass the process and fire immediately if they feel so inclined.

 

[cbg]

Diane, in 49 out of 50 states, including Illinois, you are an at-will employee unless you have a bona fide contract that says you're not. It doesn't matter whether it says it solely on the application form, or even if you can't find it on any document at all. If there is no contract, and I mean a bona fide contract, not an offer letter and not a company handbook, that specifically says your employment is for a specified length of time, then your employment is at will.

The fact that your employment was overseas MIGHT make a difference, and you have provided nothing in the way of facts for us to form an opinion as to whether the company was justified in bypassing any discipline procedures, but nothing in your post suggests that your termination was illegal or that you have any kind of legal case.

 

[mlane58]

cbg-just a note that if the poster was part of a federal contract performing work overseas, then there is 100% chance an employment contract involved. Not sure if this is the case or not.

 

[cbg]

That may well be, but since she doesn't say I can only guess.

She seems to be under the same misconception that many other employees are, which is that the offer letter and/or employee handbook constitute a contract. She doesn't mention any kind of separate stand alone contract

 

[diane36409]

To mlane58

This did involve a federal contract - it was an overseas contract to build a new embassy - my husband's employer was a sub-contractor and they did not have materials on the job to perform their duties. My husband arrived mid-stage into construction and was there for the final work on the project. Work had been done up to the point when they could not proceed any further without materials. When my husband arrived within 3 days they sent all of the other installers from the company back to the States as they did not have materials. They told my husband it would really help if he stayed behind and worked for the contractor and that the other guys would be back in a couple of weeks. My husband then worked in the capacity of an electrician and wired the secured floor of the embassy and when he finished with that was told to do HVAC work.Since my husband had not worked for seven weeks prior to going overseas (not by choice), he agreed to help out for what he was told was a couple of weeks. This turned into 6+ weeks with no reply from his company when his co-workers would be returning. The incident that the company claimed justified his termination was from the word of a foreign acting project manager who stated my husband had been rude to her and they had some work performance issues. Shortly before the altercation the lead installer and another installer had returned and I told the lead installer of the incident and his reply was "every man for himself". My husband never spent one minute on the job he was sent over to do. This was his first overseas job and the cultural conditions were harsh. The constant fear of armed militia, a project that was way behind schedule, cultural differences with management all made for an explosive situation. Seasoned installers all agreed that "no materials" meant they are off the job. The installers on the job when he arrived overseas had all been on vacation for the past couple of weeks and were paid "down time": before going back to the U.S. None of them were required to work for the contractor even though the project was way behind schedule. I half way suspect that leaving him alone was intentional and I wonder if there are any grounds for infliction of emotional distress and whether there are any grounds for slander against the Contractor. I know I sound like a whiner - but my husband's character is outstanding and this whole incident is just wrong. Any insight would be greatly appreciated. It has been 10 months since his termination and he still cannot talk much about overseas. My husband is an ex-Marine and no softy but this trip overseas was traumatic and to lose his job over it was even more unjust.

 

[cbg]

You say you received a copy of your personnel file, but then you go on to talk about your husband's employment. Which is it?

Regardless, the question is going to come down to what the contract says. Does the contract say they have to follow any particular steps before termination? Does the contract GUARANTEE employment between certain dates, no matter what?

You do not have a case for wrongful termination on the facts provided. Depending on the EXACT wording of the contract, you might have a contract breach. They are not the same thing.