The question then becomes whether the manual rebuts the presumption of employment at will, either by creating an implied contract or providing a basis for promissory estoppel. The underlying principle behind the implied contract theory is that the employer has made an offer to the employee showing a willingness to be bound to some specific restrictions when terminating employment. Adams County School Dist. While the minds of the parties need not meet on the subject, the termination procedures may be altered unilaterally, and an employee need not know the details of the procedure, the employer must choose to make the procedures known to its employees before an implied contract can arise. Thus, materials furnished directly to the employee, such as employee manuals and policy statements, can potentially show an employer's offer to the employee.
Plaintiffs rely on an internal policy guidelines manual that was only furnished to managers.
Because this manual was not provided to plaintiffs, it cannot operate as a contractual offer to them and cannot reasonably justify an understanding that assent of employees was invited. In addition to a theory of implied contract, a theory of promissory estoppel can entitle an employee to enforce the employer's termination procedures in an appropriate case. Again, the promise relied on must be made to the employee who relies on it. The alleged source of the promises relied on by plaintiffs here is a manual that was not provided to employees. Cathy Orback, Allen Orback, and Carol Sanchez left voluntarily, availing themselves of the benefit of a severance package in exchange for their resignations.