Essay about Dillon V. Champion Jogbra

1003 Words Jan 23rd, 2013 5 Pages
Assignment #4 – Dillon v. Champion Jogbra
Business Employment Law - HRM 510
Dr. Zelphia A. Brown, SPHR, Instructor

Assignment #4 – Dillon V. Champion Jogbra 1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the
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The employer oral statements, “it will take you four to six months to feel comfortable in the position,” presented the impression of job security and she would have time to settle in the new job. An implied contract is not binding contract in courts. However, certain criteria are used to determine the existence of an implied contract such as: a specific promise being made; promise made frequently and consistently; and the promise was communicated to the employee just to name a few, (Walsh, 2010). An implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists. Although employment is on average is not governed by a contract, an employer may make oral or written representations to employees regarding job security or procedures that will be followed when adverse employment actions are taken. If so, these representations may create a contract for employment, (SHRM).
3. Explain how the employer breached the implied contract. Champion Jogbra breached the implied contract on the grounds within two months the supervisor informed Dillon she was not working out. Dillon also states, the supervisor had formed an opinion of her performance within ten days of her taking the new position, which the employer knew was more challenging. The company fails to provide additional training or corrective action to Dillon when they

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