QUESTION
Can a dept within a company make-up their own policies ? Must these policies be in the employee handbook and what if they arent documented at all?
Asked on Dec 10th, 2013 on Labor and Employment - Virginia
More details to this question:
An employee handbook is available for reference to all employees and is up to date. The handbook policy contradicts the depts made-up policy. When HR was questioned regarding the dept policy employees were verbally advised of a "clarification" for the meaning of the verbiage in the policy. There would be no way to conclude from reading the policy any expectations that were verbally given.
1 ANSWER
In Virginia, there are no laws which require a company to have internally consistent policies or even to follow its own clear policies. Expectations can change on a daily basis or even more frequently. The doctrine of employment at will means that employees can be fired for any reason or no reason, including violation of a policy they had no idea existed.That said, if you are fired under those circumstances but other people are not, that can suggest unlawful discrimination or retaliation. Further, if you are fired under those circumstances, you will ordinarily be entitled to unemployment benefits anyway, unless you had notice of the policy (whether oral or written).
Answered on Dec 13th, 2013 at 2:37 PM