REVISITING WHEN AN EMPLOYEE HANDBOOK IS A CONTRACT UNDER MARYLAND LAW
Is your employee handbook a contract? Thirty years ago, Maryland’s courts ruled that a jury had to decide that question, unless the handbook contained a “clear and conspicuous” disclaimer stating that it was not a contract. Since then, most Maryland employers have wisely introduced disclaimer language to avoid litigation seeking damages because something in the handbook was not followed exactly as written. A recent Maryland case revisits this question and identifies a new problem created, in part, by our societal move into the digital age. James Tucker was an employee of the Johns Hopkins University (“the University”). He was notified…