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  Oracle Tips by Burleson

Implied Company Policy Case

A retail food mart was managed by an individual who was not working one evening when the President of the chain made a purchase at her store. The President had not been offered stamps by the clerk on duty under their sales promotion. The next day, the clerk and the Manager were both fired. The Manager had worked her way up through the ranks of the company over several years. She sued her employer for breach of contract in the absence of a written employment document.

The Manager claimed that she received communications from the employer stating the company policy was that an employee would be terminated only after specific actions had occurred. These steps prior to termination included the receipt of three disciplinary notes within a six-month period. She also declared that she had relied on this policy as a condition of her employment. Other managers substantiated her allegations and the employer denied that they had instituted this policy. The Manager won the lawsuit based on the corroboration of witnesses and her reliance on the company’s policy for employment.

The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj

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