Saul Goodman works for an ice cream company called Salamanca's Savories as an ice cream engineer. When
Question:
Saul Goodman works for an ice cream company called "Salamanca's Savories" as an "ice cream engineer". When he first accepted the position, Goodman was told that he would be given an employee handbook which would detail all of his rights and responsibilities. After working for a few months, Goodman received the handbook from Salamanca's H.R. Department.
Saul's handbook stated in relevant part: "Salamanca believes that being American should not stop when you enter your workplace. As a result, you have the right to free speech and every other protection given by the U.S. Constitution and Salamanca will never terminate or retaliate against you for your exercise of free speech in the workplace." The handbook has a disclaimer on page 29 of the Handbook, in a footnote with small font, which states: "This handbook is not a contract. No statements herein can be used as a contractual guarantee. You're an at-will employee who can be terminated for a good reason, bad reason or no reason at all."
Saul has been a well-performing employee with 13 years of straight "Exceeds Expectations" on his performance appraisals. He was been recently terminated for wearing a t-shirt to work which stated that "Guns are an American's best friend."
Saul sues Salamanca claiming that Saul's termination was in violation of his contract with Salamanca. Salamanca argues that Saul is at will and there is no extra contract.
Advise as to the status of Saul's relationship with Salamanca' Savories. Is his handbook a contract? Explain
Understanding Business Ethics
ISBN: 9781506303239
3rd Edition
Authors: Peter A. Stanwick, Sarah D. Stanwick