Spiegel & Utrera, P.A. Newsletter - Volume IX: Issue IX Information, Guidance, Counsel, Corporations, Limited Liability Companies & more!
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Personnel Manual Doesn�t Change Worker�s
At-Will Status
A Court has ruled that a worker�s at-will
employment status is not changed by a
personnel manual provision stating that
employees �may be dismissed for cause.� The
Plaintiff had worked for almost 10 years as
a collections supervisor at a hospital when
she was placed on probation and then
terminated. The hospital cited her poor
attitude, breaches of patient
confidentiality and unprofessional conduct
as reasons for its decision. All of these
alleged shortcomings the Plaintiff disputed.
Eventually, she sued, claiming breach of her
employment contract. She argued that a
statement in the hospital�s personnel policy
manual that employees may be dismissed for
cause constituted an agreement that
dismissal would only be for cause, thus
resulting in her not being an at-will
employee. The Court ruled that the personnel
manual plainly provides that dismissal may
be for cause, but it nowhere suggests that
dismissal may be only for cause, and that
limitation cannot simply be inferred. A
statement that an employee may be dismissed
for cause is not a specific agreement that
an employee may be dismissed only for cause.
Because the Plaintiff was an at-will
employee, she could be fired for good cause,
bad cause, or no cause at all.
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