Does a company have to follow thier own policies?
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Does a company have to follow thier own policies?
There is a company policy in place stating no employee can transfer position along as they are in a probation period, 180 days. An employee applied only completeing 150 days and yet was given the full-time position above other employees who applied outside of the 180 days.
Asked on February 28, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Internal policies are just that: policies, not "laws." They reflect what the company deems is appropriate and most often does. However, the legal system (i.e. the courts) do not enforce them unless they are embodied in a written employment contract and the party trying to enforce them is a signatory to that contract (e.g. if John Doe has an employment contract with the company, his co-worker, Bob Roe, can't enforce the terms of John Doe's contract). Otherwise, it's up to the company to decide which of its policies to follow and when, so if upper management allows this, there's nothign to be done about it.
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