Here is the standard legal disclaimer: there is nothing illegal about counting cards.

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This would have undoubtedly triggered the disclaimer, and with only 10 days in between the two deadlines, it is unlikely that the season would be saved given the additional legal and logistical burdens a disclaimer places on the entire process.

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Your handbook should contain a disclaimer clearly stating that it's not a legal contract (that way you're free to end someone's employment at will).

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