G. Fired in a Manner Inconsistent with Company Handbooks, Manuals, and Disciplinary Rules

Some employers have written progressive disciplinary programs for employees that are supposed to be followed before a firing. Failure to follow these rules, such as the right to be given a formal warning or be placed on 90 days' probation before a firing, may give rise to a lawsuit based on violation of an implied contract in some states.

Tip:To successfully assert this claim, it is essential to have previously received a copy of the company's manual and read it carefully. If you can prove that promises are clearly contained in a manual, and you relied on them to your detriment, you may be able to assert a valid lawsuit under the laws of some states. Remember, if a company fails to act in accord with published work rules or handbooks, it may be construed as violating an important contract obli-gation in some states.

Types of promises to look for (which may give you additional rights during and after a firing) include:

• Allowing you to appeal or mediate the decision through an internal nonbinding grievance procedure
• Requiring the employer to give reasonable notice before any firing
• Stating you can be fired for cause only after internal steps toward rehabilitation have been taken and have failed
• Guaranteeing the right to be presented with specific, factual reasons for the discharge before the firing can be effective