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
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.
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Employment / Labor Attorney
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
Criminal Defense Attorney
Your casual mention of sexual harassment potentially changes the complexion of the rest of your statement. You should consult a local labor law attorney.
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Commercial Real Estate Attorney
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.
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