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Is it a breach of contract if i claim that i was wrongfully terminated and that the employer didnt follow the policy in the emp

Lynbrook, NY |

employee handbook?i wasn't fired because they didn't follow the handbook, this happened after they fired me. i noticed that that they didn't follow procedures for handling sexual harassment claims

Attorney Answers 4


  1. Generally speaking it is not a breach of contract if your employer does not follow procedures written in an employee handbook because courts in New York State have consistently found that a handbook/personnel policy is not a contract. However, I would recommend that you consult with an attorney in your area about the specifics of your termination. You may have some other claims that could be asserted against your former employer.

    If you don't know an attorney in your area, search this site:

    www.nela.org

    Good luck,

    No attorney client relationship has been created by this answer.


  2. In an at-will state, policies typically are not turned into contractual obligations, absent a written contract for a term of years. Based on the facts presented, it appears unlikely you would have a viable breach of contract claim.

    Unless you were sexually harassed or retaliated against for participating in a complaint or investigation related to such conduct, you may have difficulty pursuing a claim.

    Consult your local bar association or search AVVO for qualified employment attorney to assist you.

    Please check the law of your state


  3. Your casual mention of sexual harassment potentially changes the complexion of the rest of your statement. You should consult a local labor law attorney.

    If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.


  4. My tentative answer is yes. However, there are often certain provisions in an employment agreement which are catch-all, e.g., bad conduct reflecting on company, etc.
    In addition, the employment agreement also may provide for arbitration. You must read it through and get an attorneys' opinion.

    UNTIL AND UNLESS A RETENTION AGREEMENT IS EXECUTED AND DELIVERED BY BOTH PARTIES TO THIS EMAIL, NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BETWEEN ME AND THE PERSON OR PERSONS POSING THESE QUESTIONS.

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