Ncs Paper

NewCorp hired a property manager who was responsible for maintaining a leased office in Vermont.   The manager, Pat, relocated his family and sold his home.   Pat had been with NewCorp for 3 months when his supervisor informed him that he would be discharged and given 1 month of severance pay.   The supervisor explained that “things were not working out”.   Pat had not been previously advised of poor job performance, but acknowledged signing a document explaining that he was an “at will” employee.   In the personnel manual provided by NewCorp, it outlined the procedures for unsatisfactory performance of an employee.   It stated that when an employee is underperforming, he will be given notice and placed on a corrective action plan.   If the job performance does not improve within the specified amount of time, termination will follow.  
NewCorp could be held liable for the wrongful termination of this employee based on the implied contact of the employment agreement.   The personnel manual stated that the employee will be notified of an unsatisfactory job performance and placed on a corrective action plan.   Pat reports that he was never notified or given a chance to correct his behavior.   Even though Pat acknowledges signing a document that identified his employment as “at will”, the provision in the personnel manual given to Pat upon his acceptance of employment prohibits at will termination.   In the case of Pine River State Bank v. Mettilee, the court found that the employer offered a job with the provisions outlined in the employee handbook in regard to the disciplinary policy section and reprimands (Muhl, 2001).   In the state of Vermont, where Pat was employed, implied contract is viewed as an exception to at-all employment.
“… even if the employee is not a union member, and does not have a written employment contract, there may be statements in the employee handbook or job application that create a contract under which employees can only be discharged for good...