Dillon V. Jogbra Essay

1373 Words Apr 6th, 2013 6 Pages
Employers that do not follow their disciplinary policies, and related procedures, may get sued for breach of contract or wrongful discharge. Courts have ruled that disciplinary policies can be contracts, even when employers include at-will statements in them, if the policies contain provisions promising that the employer will follow specific disciplinary procedures. So, in Dillon v. Champion Jogbra, Inc., the Vermont Supreme Court found the disclaimer printed in an employee manual was in conflict with the employer's elaborate discipline and discharge system, which the employer said would be carried out in a fair and consistent manner. The Court ruled that the employer was sending mixed messages to employees about their status. Accordingly …show more content…
They do not constitute part of an employment contract, nor are they intended to make any commitment to any employee concerning how individual employment action can, should, or will be handled.”
The court held that the progressive discipline policy outlined in the employee handbook could create an implied contract even though the handbook contained a large, all capital letter disclaimer stating that it did not create a contract. In addition, the court stated that the detailed progressive discipline system set out in the handbook was inconsistent with both the disclaimer language in the handbook and the at-will employment relationship, and that the progressive discipline policy sent mixed messages to employees and could create an implied contract to Champion’s employees. The court ruled that the trial court’s grant of summary judgment was correct for the promissory estoppels claim. The plaintiff’s breach of contract claim case was remanded back to the lower court for further determination.
2. Explain what the implied contract was in this case?
According to the text an implied contract is a type of wrongful discharge claim that limits the employer’s right to terminated if the employer has made written or oral statements containing promises not to terminate at will, or implied such a contract through his course of conduct with the employee. The…

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