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2A 3. YOU BE THE JUDGE WRITING PROBLEM Apex gave handbook stating that (1) she w

ID: 343187 • Letter: 2

Question

2A 3. YOU BE THE JUDGE WRITING PROBLEM Apex gave handbook stating that (1) she was an at-will employee, (2) the handbook did not creane any coneractual rights, and (3) employees who were fired had the right to a terminacion hearing. The company fired Mancie, claiming that she had falsified delivery records. She said that Apex was setaliating against her because she had complained of sexual harassment. Apex refused her nequest for a termination hearing cneate a contract guaranteeing Marcie a hearing Did the employee handbook Argument foe Apes: The handbook could not have been clearer-it did not create a contract. Marcie i Marcies Apex intended that employees would rely on the handbook. The company used promises of a hearing to attract and retain good employees. Mascie was enticled eo a hearing is an employee at will and is not entitled to a hearing Argument for

Explanation / Answer

In this case, no contract will be formed just by handing the handbook. The handbook is mainly an information booklet. As per the court, the handbook does not create any ground for the formation of implied or express contract and therefore Marcie is not entitled to any kind of hearing.

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