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Literature & Language
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English (U.S.)
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Topic:
Dillon v. Champion Jogbra Case
Essay Instructions:
Read the Dillon v. Champion Jogbra case. You are to write a 3 page report that answers the following questions:
1.What were the legal issues in this case?
2.Explain what the implied contract was in this case.
3.Explain how the employer breached the implied contract.
4.Explain why the disclaimer in the employee manual does not have the effect desired by the employer.
The format of the report is to be as follows:
-Typed, double spaced, Times New Roman font (size 12), one inch margins on all sides, APA format.
-Type the question followed by your answer to the question.
-In addition to the 3 pages required, a title page is to be included. The title page is to contain the title of the assignment, your name, the instructor's name, the course title, and the date.
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Dillon v. Champion Jogbra Case
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Dillon v. Champion Jogbra case
What were the legal issues in this case?
Linda Dillon sued her employer, Champion Jogbra claiming that the company had breached an implied contract when it ended her employment at the company without following the progressive discipline policy as the company’s handbook states. Dillon further argues that the court’s summary judgment on her claim of promissory estoppels was not correct. 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 with regard to 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 cause. Its discharge and discipline system was not consistent with the system of at-will employment, and the two created an ambiguous contract, which the jury had to interpret (Dannin, 2003).
Explain what the implied contract was in this case.
Walsh (2010) states that an implied contract is an agreement that is presumably intended among the involved parties, but not explicitly in writing. In addition, an employee handbook that has clearly labeled provisions as binding, and contains specific disciplinary measures was specific and authoritative enough to create the basic for an implied contract. According to Jennings (2006), an implied contract exists due to the presence of procedures, promises or policies in an employee’s personnel manual. The employee personnel manuals or handbooks have been held to constitute implied employee contracts, or to constitute part of employee contract upon being given to the workers when they start to work at Champion Jogbra. The employee, in this case Linda Dillon had relied on the employee handbook’s terms and procedures, and this constitutes an implied contract.
The company had developed what it called Corrective Action Procedure...
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