Can you claim wrongful termination in an "at will" state?
Question Details:
I live in an "at will" employment state. When in civil court for being let go after being wrongly accused of harassment. With a defamation claim can I also claim wrongful termination because proper policies and procedure were not followed which resulted in my termination?
You could make a claim or counter claim for breach of contract (due to the wrongful termination) created by the policies and procedures. But, if the policies and procedures have a disclaimer in them, the claim for breaching a contract created by those policies and procedures will probably be unsucessful. A disclaimer usually has language providing that the policies and procedures are guidelines that do not create a contract nor do they need to be followed in all situations. by the employer. The disclaimer is typically found at the beginning of written policy handbooks or at the end. Sometimes, you will sign a form with the disclaimer in it.
Wrongful termination claims are VERY difficult in employment at will states. If you had an employment contract, that would be different, but it seems that you didn't. Sometimes, employee handbooks or other documents setting forth work policies can be held to have effectively created an employment contract (called in "implicit" or "implied" contract), but for that to happen:
1) The language setting forth any policies about discipline or termination must be clean and unequivocal, without room for manager discretion--i.e. they have to be firm guidelines, not suggestions or ideals
2) There can't be any disclaimers in the handbook or other documents. If there are--if there's anything saying something like "nothing in this handbook makes employment not employment at will" or "policies and procedures may be changed at will, without notice"--then there cannot be an implied contract.
