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QUESTION

Billy Bigmouth is an employee at ABC Services, Inc. He has no formal employment contract.

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

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