Champion Jogbra Case
Autor: abelasco1 • April 22, 2014 • Research Paper • 1,269 Words (6 Pages) • 1,148 Views
Dillon V. Champion Jogbra
Employee handbooks are very important for every company and business. They assert the when, what and how they expect their business to operate and the measures that they will perform. The starting page of most handbooks have a disclaimer that notifies the employee that any information given in the handbook does not represent any terms of service/employment, it might also clear up any misapprehension that the employee might have regarding their employment within the company.
The case of Dillon V. Champion Jogbra is based upon an implied contract and the disclaimer. The case also highlights that employers should take the appropriate measures when creating or designing their employee handbooks. Walsh (2010), states that particular promises made to employees about their employment tenure, termination procedures or reason for termination must be honored. In this case, we will observe and comprehend why they played a significant part in this case.
What were the legal issues in this case?
The case Dillon V. Champion Jogbra is based on a former employee of Champion Jogbra named Linda Dillon, who filed suit against her former employer for breach of contract and promissory estoppel. She argues that the organization has conducted unfair action against her job including infringement of implied contract. In accordance with her statement, the organization terminated her without emulating its regulation policy written in the handbook of the organization. However, as per the management, the manual states only the policy and guidelines., Jogbra offers no service contracts or any guarantee of the time of vocation. It additionally claims all authority to terminate any employee at any time at wish or without any reason (Ferrell, Fraedrich, & Ferrell, 2011).
The company, Champion Jogbra, claimed that Dillon was an at-will worker, and thus her employment could be ended at any time. The company further, claimed that nothing within the employee handbook created any contract rights, and it supported this claim by referring to the disclaimer on the first page of the employee handbook. The disclaimer stated that the procedures and policies contained in the handbook constituted guidelines only, and not part of an employment contract. In addition, it stated that the guidelines were not meant to make any commitment to any staff member about how individual employment action will be, should be or can be handled (Jennings, 2006).
Champion Jogbra had both an at-will employment policy disclaimer and a disciplinary system. The company stated that the procedures and policies in its employee manual were simply guidelines and that it had the right to sack an employee at any time, either with or without reason. Its discharge and discipline system was not consistent with the system of at-will employment, and the two created an ambiguous
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