Answered>Order 4842

Billy Bigmouth is an employee at ABC Services, Inc. He has no formal employment contract.  The employee handbook contains a progressive discipline under which for a first violation, an employee is counseled, for a second violation, an employee is given a written warning, and for a third, the employee can be terminated. There is no ‘at-will’ disclaimer in the handbook.  For the first time, Billy violates the company’s dress code by wearing a tank top and shorts to work. He is terminated immediately by his boss.  Does Billy have a claim? 

A-No, because he had no employment contract, and therefore the at-will doctrine applies

B-Yes, because the employee handbook creates an implied employment contract that the company breached by not following its progressive discipline policy

C-Yes, because ABC cannot discriminate against someone who is stupid

D-Yes, because he was not given enough warning under the WARN Act