ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Being Fired

If the employer's handbook states that employees will be fired only for just cause, can the employer still fire someone at will?

It depends. Over thirty states, such as Wisconsin, Michigan, and California, will enforce specific terms contained in an employment handbook or personnel manual under certain conditions. The handbook or manual must have been given to the employee.

The language of the manual must be specific. For example, "all employees will be treated fairly" would be considered too vague to be enforced, whereas "employees will be fired only for just cause" is specific enforceable language.

However, not all handbooks or manuals create enforceable contracts. For example, if the manual has clear and express disclaimers informing employees that the information is not meant to create a contract and can be changed or revoked at any time, courts probably will rule that it does not create an enforceable contract.