An employee handbook can prove wrongful termination

On Behalf of | Mar 11, 2024 | Termination |

On the surface, an employee handbook is merely a booklet of company policies. In wrongful termination cases, it can become a pivotal piece of evidence.

When an employer does not follow the guidelines as they appear, it might turn into the deciding factor that settles a lawsuit.

Reviewing the handbook

The first step is to examine the official policies with a fine-toothed comb. One should especially scrutinize the sections outlining disciplinary procedures, performance demands and the termination process. Knowing these specifics can help identify whether an employer is following the rules.

Comparing policies to experience

After analyzing the relevant protocols, contrast them with the events leading up to the firing. Did the employer follow the process as it appears on the written page? Are the reasons for letting go of the staffer consistent with the code regarding behavior or performance? Discrepancies may strongly suggest wrongful termination.

Documenting policy infringements

If an employer does not adhere to the company’s policies, such breaches require preservation. Aggrieved parties should note any skipped or ignored steps. For example, if the handbook states that employees will receive three warnings before termination and the worker goes home after only one, it would amount to a violation.

Gathering additional evidence

Besides the employee handbook, other exhibits can strengthen a wrongful termination case. Emails, memos and performance reviews might suggest wrongdoing on behalf of the employer. Witness statements from coworkers or supervisors are also sometimes invaluable.

By exploring company mandates and compiling the actual events of the firing, one may demonstrate to a judge and jury why their job loss is inappropriate. A favorable ruling could mean the difference between fiscal solvency and bankruptcy.