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In most cases, the promises about how discharges will be handled that are found in employee
manuals, handbooks and the like are not considered by the law to be contractual promises, and an
employer is free to deviate from procedures that have been given to employees even though they are
written down. In rare cases, employee handbooks can be considered to be contracts if an employee
has a good reason to believe that they were actually intended to be contracts.
There are separate laws protecting employees from being discharged where race, age, sex,
religion, national origin, disability/handicap form a part of the reason for the employer's action.
Other laws make it unlawful to fire a worker because he or she has engaged in union activity, made
complaints to the Occupational Safety and Health Administration, or refused to take a lie detector
test. Pursuing rights under any of these laws would require specific evidence of the reason which
is being alleged. Time limits for filing such claims can be as short as six months and as long as
several years, and an employee who believes he/she may have such a claim should promptly consult
with an attorney knowledgeable in this area.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
