Dillon V. Jogbra Essay

1373 Words Mar 30th, 2013 6 Pages
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Essay Sample: Page 2
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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