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EMPLOYER’S FAILURE TO FOLLOW ITS OWN POLICIES OR PROCEDURES

 

Employers in nonunion workplaces do not always have to follow their own policies and procedures.  A failure to follow their own policies or procedures will usually not amount to a claim, by itself, especially if there is a disclaimer in a handbook or elsewhere that says you are employed “at will” and that the employer’s policies are not contractual.  (These disclaimers are typically in the first few pages of an employee handbook or policy manual.)

 

That doesn't mean that the employer's deviation from its policies is irrelevant.  For example, sometimes an employer’s failure to follow its own policies can be a “piece of the puzzle” in a claim for discrimination.  And it might be important in an unemployment benefits case. 

 

If you are in a union, and the employer is not complying with the collective bargaining agreement (union contract), then notify your union representative.