Business Employment Law

Introduction

The plaintiff Linda Dillon was employed in 1997 as a chargeback analyst. In 1998, Dillion was approached by a member of management about applying for the position of sales administrator. During the interview, Dillion recalls that she was told that she would receive "extensive training" and would work with her predecessor until her last day to leave which was August 15. During her interview with the vice president, Dillion found out that her predecessor would not be staying as long as originally stated, so there training would only be two days. She was also told that the predecessor would be brought back at a later date for more training. The plaintiff was told that it could take four to six months to adjust to the position. After accepting the position, Dillon was giving the training that was agreed in the interview. Less than two months into the position and without any warning, Dilion was advised things were not working out and that she was being reassigned to a temporary position. She was assigned to a temporary position that ended in December.

What were the legal issues in this case?

The legal issue in this case is whether the plaintiff was wrongfully terminated and whether there was an implied contract when Dillion took the position with Champion Jogbra. Champion Jogbra states that they do not offer any contracts nor does it guarantee any length of employment. The company reserves the right to terminate any employee at anytime. At the time of employment, the company does not distribute a manual that states first and foremost that the policies and procedures are guidelines only and that it should not be seen as a contract nor does it constitute any commitment to any employee. Under the policy of employment at will, there is no

Assignment Five: 3

such thing as wrongful terminating however, under employment at will with exceptions; employees now have the opportunity to prove that their termination was of an illegal cause.

Explain what the implied contract was in this case.

An implied contract is a legally enforceable agreement that arises from conduct, from assumed intentions, from some relationship among the immediate parties, or from the application of the legal principle of equity. The right of employers to terminate at- will can be limited by promises of job security. Even without a written contract, written or oral statements by employers and their conduct in dealing with employees can be enforceable contractual rights. To determine the existence of an implied contract one must be able to show that there was:

• A specific promise was mad.

• The promise was made frequently and consistently.

• The