QUESTION

Can I be fired from my employer without the employer using their proper protocol that's stated in the employee handbook.

Asked on Apr 28th, 2017 on Wrongful Termination - Tennessee
More details to this question:
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1 ANSWER

As a general rule, an employee can be terminated even though the employer does not follow the procedure set forth in the employee handbook. Tennessee has the employment a will doctrine which states that employment may be terminated at any time by the employer without cause. In order for the employee manual or handbook to constitute a "contract"  between employee and employer it must contain specific language showing the employer's intent to be bound by the handbook's provisions. In order to be considered part of an "employment contract", the language in employee manual or handbook must be phrased in binding terms, interpreted in the context of the entire handbook, and read in conjunction with any other relevant material, such as an employment application. Since very seldom is the employee manual considered to be an "employment contract", then the employer can choose to follow the termination procedure or not.      
Answered on Apr 28th, 2017 at 5:41 AM

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