TRACEY’S PRACTICAL EMPLOYMENT TIP
OF THE MONTH*

SEPTEMBER 2009: DOES YOUR EMPLOYEE HANDBOOK PROTECT YOU FROM RETALIATION?*

The simple answer under New York law is rarely. Unfortunately, the courts of New York have held that where an employer includes language in its employee handbook that the handbook is not intended to be a contract, that you are employed “at will,” and/or that the terms can be enforced at the company’s discretion, the promise in the handbook that you will be free from retaliation for reporting misconduct are ephemeral. (Please understand this is different from retaliation for reporting discrimination in the workplace or under a specific whistleblower statute. Under those circumstances the legislature has made it law that you are protected.)

There are exceptions to this basic rule, but they apply in such unique and limited circumstances that they are not worth mentioning. The real lesson here is to be cautious in your dealings with Human Resources, and wary of any promises, whether written or oral, that you will be protected from retaliation for reporting misconduct. If feel you have no choice but to report misconduct, do so in writing and confirm that handbook promises you that will not be retaliated against. More importantly, it would be advisable to consult an attorney in your jurisdiction to get a better understanding of your rights before you make the report.

Next Month’s Tip: ARE YOU REALLY AN INDEPENDENT CONTRACTOR?

Monthly Tip Archive

_________________
* Disclaimer: The contents of this page are for informational purposes only and nothing herein is intended to constitute legal advice nor should anything contained herein be taken or relied on as such. Each individual executive and employee has a unique set of facts and circumstances that the general discussion set forth above may be wholly inapplicable to. Only through consultation with a lawyer from our firm in which all of the facts and circumstances of an individual’s unique situation are explored and considered can a true legal assessment of your rights and remedies be ascertained. Any use of this information is taken solely at your own risk.