Wrongful termination/breach of contract, would there be a case in this scenario?
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Recently I was fired from my job for no legitimate reason. I was told by my supervisor that, in his opinion, I had did nothing wrong and really didn't deserve to get fired. He was basically told by our general manager, a guy that had history with some of my family and had something against me personally, that he had to fire me. I know that in Ohio employment is at-will, but I was wondering if there could be loopholes from what was stated in our employee handbook. We really never had a specific employment contract that stated a certain time period, but we were given the company policies and handbook to review in sign when we started work. The parts of the handbook I found relevant were the parts that discussed our 90 trail period and job performance/reasons for termination. We were told when we started and it was outlined in the handbook that both the employer and the employee were going to be given a 90 day evaluation period. Basically described as a period where the employer could evaluate us, decide whether or not we were suitable for the job and make a decision within those 90 days, based on their evaluation, about whether or not we were right for the company or not (for whatever reason). On top of that section, there was also a section related to job performance. It was basically outlined in this section and somewhat in other sections reasons for termination. Basically what would be grounds for termination due to performance misconduct or other reasons for termination. It described things such as alcohol and drug use, violence, harassment, other types of misconduct, DUI, and wrecking company vehicles. Now to my question(s). Given that I was past my 90 days and didn't violate any company policy related to my job performance or otherwise, would I have any type of grounds for a lawsuit based on that scenario (wrongful termination/ breach of contract or implied contract) or would at-will still stand and the handbook not be sufficient enough? Also, if a lawsuit would even be in question, what would I be able to sue for? What about an implied contract? 2) If an employer says or writes something that is not exactly a contract, but the court nonetheless treats it as though it were a contract, then the employment-at-will doctrine will not apply. For example, the court may determine that written assurances in an employee manual make it clear that an employee will not be terminated unless he or she fails to perform satisfactorily or gives some just cause. http://www.ohiobar.org/Pages/LawYouCanUseDetail.aspx?itemID=436
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Answer:
A company employee handbook is an employment contract if the employee is given the opportunity to review the handbook before being hired. Otherwise it is just so much paper. Check with a local lawyer, as state rules vary. If your work depends on your word and writing skills, this posting would be good evidence against you.
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Other answers
A company employee handbook is an employment contract if the employee is given the opportunity to review the handbook before being hired. Otherwise it is just so much paper. Check with a local lawyer, as state rules vary. If your work depends on your word and writing skills, this posting would be good evidence against you.
thylawye...
A handbook is not a contract. You have nothing to work with, and nothing over which to file suit. Move on.
Caoedhen
No, not even close. The lists of things that can get you terminated in your handbook are not all-inclusive. Those are just things you could be fired for, but that doesn't mean that if you do something they don't like that's not on the list, that they can't fire you. An employee handbook is not even a contract anyway, so you're SOL here. An employer can come in and say "Meh, I'm feeling grumpy and just feel like firing you today for no reason" and you couldn't sue. The only thing you can get out of this is unemployment. Since they didn't fire you for cause, they would lose an unemployment appeal, but no you can't sue them lol.
Sans Deity
No, not even close. The lists of things that can get you terminated in your handbook are not all-inclusive. Those are just things you could be fired for, but that doesn't mean that if you do something they don't like that's not on the list, that they can't fire you. An employee handbook is not even a contract anyway, so you're SOL here. An employer can come in and say "Meh, I'm feeling grumpy and just feel like firing you today for no reason" and you couldn't sue. The only thing you can get out of this is unemployment. Since they didn't fire you for cause, they would lose an unemployment appeal, but no you can't sue them lol.
Sans Deity
A handbook is not a contract. You have nothing to work with, and nothing over which to file suit. Move on.
Caoedhen
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