system: You are a legal assistant. Answer concisely and accurately. When legal text is provided, rely on it and do not invent facts.

user: Read the case excerpt and choose the best holding from the options. Case excerpt: regarding compensation and reasons for discipline, outline the company’s retirement plan, and contain other sections of information and advice. The evidence is sufficient to support the finding that Hartbarger received the yellow handbook and not the red handbook that contains a disclaimer stating that: “The policies in this book are subject to change____ They are not conditions of employment, and the language is not to be construed as a contract between [Paxton] and [its] employees. Employment is terminable at the will of either the employee or the Paxton division for which he or she works.” For purposes of this appeal, we will accept the finding that only the yellow handbook affected the employment relationship between the parties. Cf. McGinnis, 110 N.M. at 4-5, 791 P.2d at 455-56 (<HOLDING>). Page 10 of the yellow handbook is labeled Options: A. holding that when terminating nonprobationary employee employer is bound by policies established in personnel policy guide that control the employeremployee relationship B. holding that an employee could not be bound to an arbitration agreement that had been mailed to him by his employer acceptance of which was indicated by employees continued tenure with the company where there was no evidence in the record that the employee had received read or understood the document C. holding that notwithstanding fact that employer brought suit in its own name pursuant to ocga 349111 c only for the liquidated amount that had been paid to the employee in workers compensation benefits after employee failed to file his own tort action within one year of injury employee was not precluded from bringing his own separate action to recover for personal injuries and loss of consortium but noting that employee received notice of employers suit only after filing his own action suggesting that court in which employers action was pending had wrongly denied the employees motion to intervene to which motion employer had objected noting that if employee had not moved to intervene in other action employees separate action would have been barred by laches and holding that thirdparty tortfeasor could move for mandatory joinder of the employer in the employees action D. holding handbook binding on employment relationship where employee had not been issued a copy but employee helped draft the guide a copy was available in the department where she worked employees could review guide on request and it was published to employees in sense of having been made generally known to them and proclaimed officially by employer E. holding employee could proceed against employer in action for fraudulent misrepresentation where employees complaint alleged inter alia employee was regularly exposed to lead fumes and dust at place of employment employer tested employees blood to monitor lead levels employer willfully and intentionally withheld employees test results which showed employee had developed leadrelated diseases and employer subsequently altered those results to induce employee to continue working for employer employee further alleged employers concealment of employees condition prevented employee from reducing his exposure to lead and obstructed him from receiving appropriate medical treatment and that delay in treatment resulted in aggravation of employees injury

assistant: The best answer is D. holding handbook binding on employment relationship where employee had not been issued a copy but employee helped draft the guide a copy was available in the department where she worked employees could review guide on request and it was published to employees in sense of having been made generally known to them and proclaimed officially by employer