Employment at Will
The Employee Handbook and Employment-At-Will In most work places one of the first issues on the employee orientation agenda is the employee handbook. This handbook is a composite of rules and regulations that govern the workings of the facility as well as the facilities discipline policy. The Human Resource person goes over this handbook and instructs all new employees to sign and date a paper verifying that they have the handbook. There is usually so much emphasis placed on this handbook that you tend to believe that this handbook is the law, that whatever is written in it is the gospel. Well, I can tell you that you have just made your first mistake. The employee handbook is just a piece of paper unless you are a union or a contract employee. Law does not bind the words written in the handbook. The institution can choose to follow or not follow the handbook. Most institutions abide by their handbook whether they are in an employee-at-will state or a just cause state, but if they choose not to abide there is nothing to be done. Throughout the United States, there are states that are employee-at-will states and states that are just cause states. In simplified terms this means if your state is an employee at will s
In a just cause state, termination must be for a just cause. She had received an above average evaluation and a pay increase three weeks before termination. During her management positions and especially as a Director of Nursing she had to make sure she followed the employee handbook to the letter regarding discipline, overtime, etc. If it is an employee-at-will position, find out if the state is an employee-at-will state or a just cause state. Back in those days, the issues of retirement and health benefits were not as relevant as they are today. Many employees bought into this concept and did not join or form a union in their workplace. Her nursing career consists of being a staff nurse to being of Director of Nursing with numerous management positions in-between the two. She went to the appointment and this is when the administrator informed her that she was fired. My mother was involved in a situation of this type in 1995. Over a course of one and one half years, numerous depositions, filing of papers, and attorney meetings, it was decided that there was no reason for my mother's termination. Mother was terminated from her job in 1995 and the employee handbook procedure was not followed. Mother felt that her nursing career and her character was in jeopardy so she contacted an attorney and a filed a lawsuit. Moreover, to add injury to insult, the hospital counter sued mother for their expenses in the lawsuit and they won. The hospital did not have a reason to terminate her, but they did not have to have a reason according to law. Also prior to termination, she did not receive any verbal or a written warning or reprimand.
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