Employer in Breach of implied contract with Bad faith firing to avoid paying wages and expressed promised bonus. Case particulars - Company employee hand book was revised 7/06 to include progressive discipline policy that was not followed. Same handbook has following contradictions -
1. Contains the following welcome statement from the President / CEO – “As a consequence of the important rule (s/b role) you have, we have established a series of programs and policies designed to create a favorable environment for you and to provide for fair treatment, pleasant working conditions, and a sense of accomplishment”.
2. States company upholds "at will" Cal. Labor code 2922, that can only be altered by written agreement between President & team member.
3. Includes progressive discipline policy with stated procedures to be enforced when a team member's performance or conduct is not satisfactory.
4. Contains a stated termination policy to process terminations with consideration for the individual(s) involved.
5. Contains a disclaimer on last page stating the handbook is available to employees for informational purposes only. It is not intended to constitute an employment contract of any kind and does not create any express or implied contractual obligations.
If this handbook is meant for employment informational purposes only as stated, California Division of Labor Standards apply - including Enforcement policies and interpretations on what constitutes a contact (section 31.2.3) and Calif. Civil Code sections 1549, 1550, 1619, 1620, and 1621.
If the handbook is found to be actually stated policy - the company has breached it.
The company acted in bad faith to avoid payment of wages till implied deadline date of 3/07 and avoid payment of normal year end bonuses due to 2 employee.
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