Published Date: 01/13/2014
By John Gupton
Employers should not limit their discretion to take appropriate disciplinary action. Company rules should never say that the listed rules are the only rules that may result in discipline or discharge. Rather, it should be made clear that published company rules are only “illustrative” of disciplinary rules.
Written lists of rules should also contain language that company rules “include, but are not limited to, the following.” Equally important, there should be no statement in any policy or handbook that discipline or discharge shall be only for “just cause” or “cause.” Any of the above language may convert an employee handbook into a legally enforceable employment contract.