Employment handbook

[witzeroni]

What is the name of your state (only U.S. law)? IL
Okay, looks like my first thread ended for some reason, so I will continue here. Went to the unemployment office on Monday. It's true that I may be denied unemployment, because I wasn't at the last job long enough before they terminated me and the company I left previously, I left willingly.
If the company I left willingly does have to pay, it doesn't seem right. I answered all questions truthfully on the form, but it seemed like the questions were leading to 'are you sure you quit and weren't terminated', as the form asked questions like 'Did you give notice', 'did you finish out notice period', 'did you submit letter stating you were leaving', etc.

Anyway, now my focus is on the company that let me go. Even though Illinois is an 'at will' state, there are a couple of situations where you could have a wrongful termination case when they cut you.

I sent an email to hr on Monday, stating I want all personnel records - and now I am taking the next step. My question is: IF the company has an employment handbook or company policy list, does HR have to provide me with it if I request it??

 

[cbg]

In Illinois, you are entitled to access to your personnel file. Given that there is no law in any state requiring that there be an employee manual or policy handbook at all, I am not aware of any law (in any state) making it mandatory that the employer supply them on request, short of that request coming in the form of a court ordered subpoena.

In EVERY state there are still situations where you can have a wrongful termination suit. Nothing you have described in your previous thread would be even close to a wrongful termination suit in any of them, with the possible exception of Montana and even that is highly questionable.

For a wrongful termination to exist, there has to be a specific law (not company policy - a LAW) that was violated by the termination. I believe I asked you this before, but if not I'll ask it now; what LAW do you think the employer violated by terming you? Violating a company policy is rarely if ever enough and ONLY if the handbook is written in such a way as to constitute a contract (which almost never is the case).

 

[witzeroni]

Not sure if there was one, however I need to look into both public policy and implied-contract exceptions to the 'at-will' doctrine, which both apply to Illinois. I will also look at some previous cases pertaining to each of the above.

 

[davidmcbeth3]

For an UI hearing, you do not have discovery available. So the handbook cannot be secured at the UI hearing. You can ask but I doubt you will get it ~ also, the handbook probably says its not a contract so I don't think it will help you.

If you believe you were following a requirement in the handbook, you can simply state it to the hearing officer ...

You will get your personnel file .. should have sent a written letter but the company may respond to an email. Recommend you send a follow up letter.

Emails are not proper service in IL.

 

[cbg]

We need to separate two issues; unemployment and wrongful termination. They are not even remotely connected. The vast majority of people collecting unemployment were not wrongfully terminated. Collecting UI does not mean that the termination was illegal.

I fail to see what kind of public policy claim you think you may have, and nothing in either of your posts suggests any kind of a contract, implied or otherwise.

 

[witzeroni]

On Monday,when I emailed hr stating that I want all my personnel records, I stated that if they wanted the request in writing, I would be happy to do so.
820 ILCS 40/  Personnel Record Review Act.