Cases—Vagueness—”Should” does not mean “must”

A statement in an employee handbook that employees would be subject to “progressive discipline” if they broke company rules did not create a contractual right under Illinois law, according to a federal district court.

The employee was summarily fired when he left the building at 4:40 p.m., through a door that was off-limits to employees after 4:30.  The employee argued that, while he broke the rule, the handbook provided that he “should” be subject to “progressive” punishment, not fired immediately.

District Judge Elaine Bucklo granted summary judgment to the employer, holding that statements that the employer “should” do certain things were not definite enough to create contractual liabilities.

Mastrogiovanni v. Sony Music Entertainment, Inc., 2004 U.S. Dist. LEXIS 22273 (N.D. Ill. Nov. 2, 2004)