Is it legal if m employer terminated me for no reason and went against their employment handbook?

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Is it legal if m employer terminated me for no reason and went against their employment handbook?

I unfortunately had to quit my job a week due to an family emergency. I cleared things up and asked for my job back which it was given back to me this week. I work with children and my supervisor did his best to get me back. The main employer then 2 days later fired me on spot with untruthful reasoning and treated me unfairly during my time back. On their handbook it sates the only way for automatic termination is if I harm a child or sexual harass a child, etc. For which I did none of those things. It is also states that if they have an issue with me I will receive 3 warnings and meeting, which I didn’t receive any of those things or was even told that I was doing my job wrongfully. I was fired on spot today after being treated extremely unfairly and wrongfully. Do I have a case?

Asked on August 5, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would have a case only if the employee handbook constituted an enforceable written contract. To be an enforceable contract:
1) The terms must be plain and definite, which (based on what you write) they appear to be.
2) The handbook must contain NO limitations on its enforceability. That means that *any*language to the effect that--
a) "All employment is employment at will"
b) "Policies are subject to change at will"
c) "This handbook does not constitute or create a contract of employment"
--will prevent an enforceable contract from being formed. If there is no enforceable contract, you may be terminated at any time for any reason, even in violation of the employer's voluntarily adopted policies.
On the other hand, if you think the handbook did or may form a contract, bring it to an employment law attorney to review with you, to determine if you have a case and what it might be worth.


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