If an “at will” provision is in your personnel manual or handbook, it is strong evidence against the existence of an implied contract. This can be overcome, however, by stronger evidence of an implied contract .
When deciding whether an implied contract exists, a court may consider the following evidence:
1.Whether the employee has worked for the employer for many years;
2.Good performance evaluations and commendations;
3.Promotions, salary increases, and bonuses;
4.Statements by the employer assuring the employee that his or her job is secure and will continue;
5.Employee handbooks or personnel manuals specifically designating which offenses warrant the discipline or termination of an employee;
6.Employee handbooks or personnel manuals describing a system of “progressive discipline” which the employer follows instead of firing workers “at will;”
7.Whether it is the practice or policy of the employer to discipline or terminate employees only when there is a good reason.