This is extremely difficult to prove if an employer has kept even a modicum of about an employee's performance problems, the time and meetings invested in managerial counseling, and progressive disciplinary action. Breach of covenant of good faith and fair dealings: the terminated employee can try to prove that their termination was unfair and that an employer did not fire him or her for good cause, in some states. It is also why employment offers should come from the HR department and no other member of the interview team should discuss salary range or job offers with candidates. This is why most employers ask employees to sign off on an that states that written company documents offer guidelines, not a contract. Breach of implied contract: the employer must take care that the company does not imply in writing or verbally that employment is protected or guaranteed or that any other non-contractual obligations exist.
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