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I saw in another post that an employment manual can sometimes be considered like a binding contract so that an employee is not an at will employee. But how can I tell if my employment manual creates that kind of contract so that I have some protection? Is there some law somewhere that makes this clear? Thanks.

Employee handbook as implied contract

Yes, under Massachusetts case law, in some cases an employee manual may create an implied contract that gives the employee certain rights she may not have otherwise had in a classic at will employment situation.  But to answer your question, there is no hard and fast rule about this issue, and all cases will likely be decided based on the specific terms in the handbook or manual and the unique circumstances of the employment.   

In Buttrick v. Intercity Alarms, LLC (2009), the Supreme Judicial Court of Massachusetts laid out some factors that a court my use to determine that an employee handbook or employment manual does NOT constitute an implied contract:  "1) the employer retained the right to modify unilaterally the manual’s terms; (2) the manual provided that it was for “guidance” as to the employer’s policies; (3) there was no negotiation between the employer and the employee regarding the terms of the manual; (4) the manual stated no term of employment; (5) the employer called no special attention to the manual; and (6) the employee did not sign or manifest his assent to the manual or acknowledge that he understood its terms."  The Court went on to reaffirm the reasoning of an earlier decision in which it stated that the key issue is “whether an employee would reasonably conclude that the employer was presenting the manual as a statement of the conditions under which employment could continue.”

Hope all that helps.  In an actual employment dispute, you best option may be to discuss the specifics of your case with a Massachusetts employment law attorney.

 

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