A reference in a state agency's employment manual to "reasonable grounds" for a termination decision does not create an implied employment contract because of the manual's explicit statement that employment was at-will. Although a pretermination hearing could be provided at the employer's discretion, such language does not give rise to an inference that a non-binding hearing changes the at-will nature of the employment. Gosline v. Sisneros, #09-2087, 2010 U.S. App. Lexis 674 (Unpub. 10th Cir.).
     A state university's student/personnel handbook did not a create property interest in a formal disciplinary process for non-tenured employees. "Grievance procedures in a handbook will not override an at-will employment status where that status has been expressly stated in the contract between the employer and employee." Moreover, "the policy, by its plain language, creates a reporting and resolution structure for the victim of discrimination, not for the accused." Nichols v. University of Southern Mississippi, #2:08cv128, 2009 U.S. Dist. Lexis 99736 (S.D. Miss.).
     A city worker's at-will status was not altered by a progressive disciplinary policy contained in an employee handbook. The employee did not demonstrate that he detrimentally relied on the handbook. Ford v. Newton Twp., #2006T0042, 2006-Ohio-6530, 2006 Ohio App. Lexis 6425 (11th Dist. 2006). [N/R]
     Federal court rejects a claim that an employee handbook created a legally enforceable contract. Oklahoma Stat. Tit. 11, §12-114, authorizes city managers to remove employees "solely for the good of the service." Parker v. Town of Chelsea, 2006 U.S. Dist. Lexis 74814 (N.D. Okla. 2006). {N/R}
     Sixth Circuit reverses an $80,000 award to a county worker that was fired for monitoring his supervisor's e-mail. He was not a civil service employee, and the fact that the county's personnel policies listed various offenses and procedures did not create a legally-enforceable expectation of continued employment. A personnel manual is binding on workers, even if it is in electronic format. Mannix v. Monroe County, #02-1001, 348 F.3d 526, 2003 U.S. App. Lexis 22561, 2003 FED App. 0390P (6th Cir. 2003). [2004 FP Feb]
     Distribution of an employee handbook constitutes reasonable notice, "regardless of whether the affected employee actually reads it." An employer satisfies its burden of notifying it employees of a manual by posting it on a webserver. Mannix v. Co. of Monroe, #02-1001, 348 F.3d 526, 2003 U.S. App. Lexis 22561, 2003 FED App. 0390P (6th Cir. 2003), citing Highstone v. Westin, 187 F.3d 548 at 552-3 (6th Cir. 1999). {N/R}
     Federal appeals court holds that broad language in an employee manual can cause an employer to be liable under the federal Family and Medical Leave Act, that otherwise would be exempt. Thomas v. Pearle Vision, #00-3681, 251 F.3d 1132, 6 WH Cases 2d (BNA) 1807, 2001 U.S. App. Lexis 11063 (7th Cir.). [2001 FP 105]
     A county's “Disciplinary Action and Grievance Procedure” could modify a deputy sheriff's at-will employment status, requiring some degree of misconduct. Hollander v. Douglas Co., #21365, 2000 S.D. 159, 620 N.W.2d 181, 2000 S.D. Lexis 158, 17 IER Cases (BNA) 615. [2001 FP 69]
     In Arkansas, an employee manual that lists progressive employee discipline does not alter the “at-will” status of an employee. Thomson v. Adams, #00-2051, 2001 U.S. App. Lexis 21762 (8th Cir. 2001).
     California Supreme Court holds that an employer may terminate a written employment security policy (a promise of continued employment) that contains a specified condition, if the condition is one of indefinite duration and the employer makes the change after a reasonable time, on reasonable notice, and without interfering with the employees' vested benefits. Asmus v. Pacific Bell, #S074296, 23 Cal.4th 1, 2000 Cal. Lexis 4412, 96 Cal. Rptr. 2d 179, 999 P. 2d 71 (2000). {N/R}
     New York does not require a public employer to follow its own internal procedures for investigating employee misconduct, unless the affected employee relied on a written procedure when he accepted employment. Mass v. Cornell Univ. 94 N.Y.2d 87, 721 N.E.2d 966, 1999 N.Y. Lexis 3737; Stoll v. Cornell Univ., 94 N.Y.2d 162, 723 N.E.2d 65, 1999 N.Y. Lexis 3738. [2000 FP 11-12]
     Disciplinary procedures written in an Illinois county's personnel handbook sufficiently created contractual rights protecting a terminated employee. Wood v. Wabash Co., #5-99-0200, 722 N.E.2d 1176, 1999 Ill. App. Lexis 877. {N/R}
     Ninth Circuit rejects an Arizona employer's claim that a provision in its employee's handbook waived its employees" statutory rights. Nelson v. Cyprus, 1997 U.S.App. Lexis 17066 (9th Cir.). [1997 FP 137-8]
     Employee's reliance on an employment manual overcame an at-will presumption. Marfia v. T.C. Ziraat Bankasi, 147 F.3d 83, 1998 U.S. App. Lexis 11502 (2nd Cir.). {N/R}
     General verbal assurances that workers would not be fired if their work was satisfactory did not change the plaintiff's at-will status in Texas. Montgomery Co. Hosp. Dist. v. Brown, 965 S.W.2d 501 (Tex. 1998). {N/R}
     An employee handbook can create contractual rights if the language is specific, the offer was communicated to the employee and the employee accepted the offer by continuing his employment. Hitchens v. Yonker, 943 F.Supp. 408 (D.Del. 1996), citing Crisco v. Bd. of Ed., 1988 WL 90821 (Del.Ch.). [1997 FP 121-2]
     Eighth Circuit enforces an employee handbook arbitration requirement because the Missouri employee specifically signed an arbitration clause in the handbook. Patterson v. Tenet, 113 F.3d 832, 1997 U.S.App. Lexis 10699 (8th Cir.). [1997 FP 138]
     City's employment handbook containing grievance procedures did not create a property interest in continued employment under the due process clause. Border v. City of Crystal Lake, 75 F.3d 270 (7th Cir. 1996). {N/R}
     Illinois appellate court holds that management can revoke existing employment policies. Disclaimers and non-distribution renders personnel rulebooks unenforceable. Hanna v. Marshall Field, 665 N.E.2d 343, 1996 Ill.App. Lexis 218, 11 IER Cases (BNA) 1045. [1996 FP 123]
     Vermont rejects "boilerplate" at-will language in personnel manual. Employers cannot reap the benefits of disciplinary procedures and then selectively follow them. Ross v. Times Mirror, 665 A.2d 580, 68 FEP Cases (BNA) 1756 (Vt. 1995); Farnum v. Brattleboro, 671 A.2d 1249, 11 IER Cases (BNA) 713, 1995 Vt. Lexis 132. [1996 FP 74]
     California supreme court enforces an employer's progressive discipline policies. Both the employer and employees could rely on and benefit from a comprehensive personnel manual. Scott v. Pacific G&E, 46 Cal.4th 454, 904 P.2d 834 (1995). [1996 FP 58-9]
     Maryland appellate court refuses to adopt an employee handbook as a contract because of disclaimers and reservations it contained. Bagwell v. Peninsula Reg. Med. Ctr., 106 Md.App. 470, 665 A.2d 297 (1995). [1996 FP 59]
     Federal court concludes that a state police manual did not create a legally binding right to Due Process regarding a fair performance appraisal for Delaware state troopers. Moreover, "policy considerations regarding the role of the Federal Courts strongly support the conclusion that the Manual does not confer a property interest in a performance evaluation, under the logic of Bishop v. Wood, 426 U.S. 341, 347, 96 S.Ct. 2074 (1976). Hitchens v. Yonker, 943 F. Supp. 408, 1996 U.S. Dist. Lexis 16173 (D. Del.). {N/R}
     An Illinois Asst. State's Attorney was not protected by Cook Co. personnel rules, because the state, not the county, was his employer. Although his salary was paid by the county, and his duties were performed exclusively in Cook Co., he was part of the executive branch of state government. McGrath v. Gillis, 44 F.3d 567 (7th Cir. 1995), citing Office of Lake Co. State's Atty. v. Human Rts. Cmsn., 601 N.E.2d 1294 (Ill.App. 1992). {N/R}
     Employer's personnel manual, which provided for mandatory resolution of grievances by binding arbitration, prevents a wrongful termination federal civil rights suit, claiming national origin discrimination. Nghiem v. NEC Electronic, 25 F.3d 1437 (9th Cir. 1994). {N/R}
     Texas county commissioners had no authority to modify the at-will status of sheriff's deputies by adopting a county personnel manual requiring just cause for discharge. Without any legal effect, the manual did not provide a cognizable property interest in continued employment. Garcia v. Reeves Co., 32 F.3d 200 (5th Cir. 1994). {N/R}
     An employer's promulgation of employment handbooks, manuals or statements of personnel policies may create contractual rights which may not be abridged without incurring liability. Helle v. Landmark, Inc., 472 N.E.2d 765, 15 Ohio App.3d 1 (1984). {N/R}
     A Pennsylvania police chief could not claim a property right derived from the employee manual, because it contained a disclaimer stating it was not a contract. Conjour v. Whitehall Twp., 850 F.Supp. 309 (E.D.Pa. 1994). {N/R}
     A public employer's written policies do not create property rights for due process purposes just because they are adopted and followed. They create property rights when they have been adequately promulgated. Lawshe v. Simpson, 16 F.3d 1475/at 1483 (7th Cir. 1994). {N/R}
     Employee may have a claim for breach of implied contract based on the employer's failure to follow disciplinary policies contained in an employee handbook. Although handbook contained a disclaimer stating that policies do not establish a contractual relationship, it is a question of fact as to whether the handbook, when combined with the employer's actual practices and representations, created a reasonable expectation that employees would not be discharged without just cause and fair procedure. Kiedrowski v. Citizens Bank, 119 N.M. 572, 893 P.2d 468, 1995 N.M. App. Lexis 14, 10 IER Cases (BNA) 840 (N.M.App. 1995); cert. den. 890 P.2d 1321. {N/R}
     Personnel manual stating a commitment to "progressive discipline" did not confer a legally enforceable right. Campbell v. City of Champaign, 940 F.2d 1111 (7th Cir. 1991). [1992 FP 139]
     Disclaimers: The American Society of Personnel Administration Foundation has drafted a Model Disclaimer: “This is not a contract of employment. Any individual may voluntarily leave employment upon proper notice, and may be terminated by the employer at any time and for any reason. Any oral or written statement to the contrary are hereby expressly disavowed and should not be relied upon by any prospective or existing employee. The contents are subject to change at any time at the discretion of the employer.” Reprinted at 27 (2) The Urban Lawyer (ABA) 327 (n. 143).
     A personnel manual which promised reinstatement and back pay if cleared of misconduct, created a legally binding expectation of continued employment. Baxter v. Fulton-DeKalb Hosp. Auth., 764 F.Supp. 1510 (N.D.Ga. 1991). [1992 FP 121]
     Adoption of a grievance procedure did not create an expectation of continued employment. Stough v. Gallagher, 967 F.2d 1523 (11th Cir. 1992). {N/R}
     Illinois appellate court concludes that employment manual created an employment contract for police dispatchers, despite disclaimer contained in the manual. Long v. Tazewell/Peking Con. Com. Ctr., 574 N.E.2d 1191 (Ill.App. 1991). [1992 FP 121-2]
     Personnel codes and manuals do not establish a duty of a public employer to act in good faith, and do not provide an expectation of continued employment of nontenured employees. Harris v. Bd. of Public Utilities, 757 F.Supp. 1185 (D.Kan. 1991). [1992 FP 57-8]
     Illinois appellate court finds that existence of a "Personnel Policy Manual" did not create an expectation of job tenure where the manual clearly stated it was not an employment contract. Semerau v. Vil. of Schiller Park, 569 N.E.2d 183 (Ill.App. 1991).
     Texas appellate court holds that employee handbooks do not create job tenure, contractual rights or a legal duty to deal fairly with employees. Hicks v. Baylor University, 789 S.W.2d 299 (Tex.App. 1990).
     Colorado sheriff could not lawfully adopt a personnel manual which limited his statutory authority to terminate deputies at will. Discharged officer could not sue for reinstatement because the sheriff discharged him in violation of his own rules. Washington appellate court adopts similar view. McGuire v. State, 791 P.2d 929 (Wash. App. 1990).
     Untenured employee who served at the pleasure of the Sheriff could not assert "contractual" rights arising out of a personnel manual which established procedural methods in termination cases. Jackson v. Johns, 714 F.Supp. 126 (D. Colo. 1989).
     Sheriff's personnel manual did not override state statute which gave Colorado sheriffs the right to terminate their deputies without cause. Seeley v. Bd. of Co. Cmsnrs., La Plata Co., 771 P.2d 21 (Colo. App. 1989).
     City handbook which stated that employment was at-will, but it was city "policy" to insure that disciplinary action would be "fair and equitable" did not create job tenure or any procedural rights. Mills v. Leath, 709 F.Supp. 671 (D. S.C. 1988).
     California supreme court severely restricts right of discharged employee to sue employer for tortious discharge; punitive damages disallowed in most termination cases. Court defines basis for recovery under an implied contract theory (a question of fact). Foley v. Interactive Data Corp., 47 Cal.3d 654, 765 P.2d 373 (Cal. 1988).
     Departmental personnel orders, in certain cases, may create contractual rights of due process for untenured employees. Crews v. Ellis, 531 So.2d 1372 (Fla. App. 1988).
     Police operations manual, never "adopted" by the city council, did not create any new rights to continued employment. Graham v. City of Okla. City, 679 F.Supp. 1017 (W.D. Okla. 1986; reported in 1988).
     Alabama upholds personnel manuals as "employment contracts" except where employer clearly states otherwise. Hoffman-LaRouche v. Campbell, 512 So.2d 725 (Ala. 1987).
     For a personnel manual to create an "employment contract" or an expectation of continued employment, the wording must be promissory and not general. Sanchez v. The New Mexican, 738 P.2d 1321 (N.M. 1987).
     Where personnel rules provide that reserve employees can be terminated entitled for cause, employee was entitled to a hearing. Nowak v. City of Calumet City, 648 F.Supp. 1557 (N.D. Ill. 1986).
     Publication of employee personnel manual which specifies disciplinary offenses can create job protection and tenure. Harkness v. City of Burley, 715 P.2d 1283 (Idaho, 1986).
     Employee handbook created expectation of continued employment and specified grounds for termination; it must be followed. Pundt v. Millikin Univ., 145 Ill.App.3d 990, 496 N.E.2d 291 (1986).
     Adoption of personnel manual did not limit causes for termination, or create tenure for untenured employee. City of Flat River v. Short, 694 S.W.2d 767 (Mo.App. 1985).
     Personnel manual requiring officer to turn over abandoned property is unconstitutional. Fey v. Minneapolis Police Dept., 365 N.W.2d 791 (Minn. App. 1985).
     Arizona holds personnel manual can form part of the “employment contract” covering grounds for discipline and hearings rights. Leikvold v. Valley View Cmnty. Hosp., 688 P.2d 201 (Ariz. 1984).
     The employment-at-will concept is only a description of the parties" prima facie employment relationship. It intimates nothing about subsidiary contractual arrangements (express or implied) to which an employer may legally obligate himself by adding to that relationship new terms and conditions. An employer's promulgation of employment manuals, employee handbooks or other writings styled "personnel policies and practices" can create contractual rights which the employer may not abridge without incurring liability. Helle v. Landmark, Inc., 15 Ohio App.3d 1, 472 N.E.2d 765 (1984).
     Department personnel manual creates enforceable rights; chief cannot disregard personnel rules. Kaiser v. Dixon, 468 N.E.2d 822 (Ill.App. 1984).
     Personnel manual and retirement system did not create job tenure for employee. Williams v. West Jordan City, 714 F.2d 1017 (10th Cir. 1983).
     Department must follow own personnel rules; time of limitations prescribed in rules binding on disciplinary actions. Dept. of Law Enf. v. Allen, 400 So.2d 777 (Fla. App. 1981).
     Personnel manual required promotional exams in writing; oral exam procedure invalidated. DiFederico v. McNamara, 434 A.2d 320 (Ct. 1980).
     Publication of disciplinary rules does not create expectation of continued employment; at-will employees still subject to termination without cause. McMillian v. City of Hazelhurst, 620 F.2d 484 (5th Cir. 1980).
     A department issued personnel manual is not always an “employment contract”. Sergeant v. Illinois Institute of Technology, 297 N.E.2d 443 (Ill.App. 1979).
     Employee manual/handbook as creating employment rights in a termination dispute, see Healdsburg Police Ofcrs. Assn. v. City of Healdsburg, 57 Cal.App.3d 444 (1976); overruled on other grounds in Palma v. U.S. Industrial Fastners, 36 Cal.3d 171/at 181 fn. 9 (1984). {N/R}