Policy manuals

[Gracie1954]

I was terminated from my job. The policy manual states " The name and phone number of------- must be included in termination letter."
The information was not in letter. Do I have any recourse? Thank you,

[Pattymd]

There is no law that requires the company to comply with its own policy in this matter, and Tennessee law does not require "service letters". Have you called HR and asked? Is it really that important?

[Gracie1954]

Yes, I want my job back...I followed the policy manual,,however they said I did not. If I'm am suppose to follow the manual, which they have used to fire me...Can I not use the manual on them? Thank you,

[Pattymd]

If you want your job back, call HR and ask for an appointment to discuss the situation. Making a big deal out of a piece of information in a service/termination letter, which the law doesn't even require the employer to provide, would, to be honest, turn me off from hiring you back.

[Gracie1954]

I worked in HR. In the department that wrote the policy. However, I have filed all grievances,,,,they said I did not follow policy. I had 3 people,,,,(2 lawyer and a legal people(not sure what her act. title is) anyway,,they read the policy the same as I. Tn. is a at will state so I can't win....I do not have the money to fight ------ in court...I worked there 23 yrs and 9 months. Good attendance, good perf. reviews, no write ups....
So I have to do something......
I have been surfing the net,,,I have found several articles that say " Employee handbooks viewed by courts as a contract....I really need to do something...Thank you very much....

[Pattymd]

It is VERY uncommon for an employee handbook or policy manual to rise to the level of an enforceable contract. And you can bet that the company you worked for, if I'm understanding your post correctly, would have had the documents gone over with a fine-toothed comb to make sure they didn't. But, you're free to take it to an attorney for his/her advice if you wish.

BTW, it's not a good idea to post the company name, as it could be used against you by the company later on. I recommend you edit your last response to remove it.

[joe916]

"23 yrs and 9 months"? Must have been something very serious. I would think that after such a long time there would be some kind of contract even if it was implied. How far have you gone up "the chain of command". Maybe you haven't gone high enough. I would think 23+ spotless years would count for something.

Just a thought, but have you agreed to any "alternative dispute resolutions"?, signed an arbitration agreement? If so, there may be a time limit.

[Gracie1954]

I guess I am SOL.

I filed for unemployment. I got it. The company rep.'s did not show up. They are now appealing the decision. However, I am getting checks. Can I spend them?

[Pattymd]

Your choice. If you can afford to stash them for a little while, it wouldn't hurt. Have you received a date for the appeal hearing yet? On what basis is the employer appealing the determination?

[Gracie1954]

They said I didn;t follow company policy. Tuesday is the hearing. The first time I had a lawyer from legal services. This time it is just me. Any advice.