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"What if my employment contract and employee handbook conflict?" | Sklover Working Wisdom
Question: I recently read your Newsletter entitled "In Employment Agreements and Offer Letters – Beware of 'Incorporated by Reference.'" Great stuff. I have a related question: What if, on the one hand, language in an Employee Handbook (that is incorporated by reference into an employment agreement) says that all employees are "at will," and thus can be terminated at any time. However, on the other hand, my Employment Agreement says "The employer must give the employee 30 days notice before termination?" Which controls? Robert Manchester, New Hampshire Answer: Robert, your question comes up very often, and for that reason I expect this answer will be helpful to many. For several reasons, while I cannot interpret written materials I have not examined, it is almost certain that the Employment Agreement controls over a conflict with the Employee Handbook: 1. First and foremost, you need to read each and