||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:
Firing Computer Professionals
manager Guide for Terminating "With Cause"