Company's Loss-Prevention Policy Manual Created A Binding Contract Claim?
Do you think the company’s loss-prevention policy manual created a binding contract that would support the employee’s breach of contract claim?
Even though this was at-will employment, the company’s loss-prevention policy manual was an implied contract and therefore binding and part of the manager’s employment agreement, supporting the employee’s breach of contract claim; however, it is hard to tell without seeing and reading the actual loss-prevention policy.
If the loss-prevention policy had a disclaimer stating that it was not a binding contract, it would make the answer very easy. However, if there is no disclaimer and especially if the employees are or are not required to sign or initial verifying they have read all information in the loss-prevention policy, the policy could very well be binding. Also, if the manual had any clauses to it that the employer reserved their right to make unilateral changes or to vary the application of particular policies to fit unique circumstances of each new situation; without such clauses, it is unfair or reasonable to expect the employee to follow such implied contract and not the employer as well to the same level – hence breach of contract – otherwise, why have a loss-prevention policy if it is not going to be executed by all.
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