Business Law 510 - Champion vs. Jogbra
Strayer University
HRM510 005VA016-1128-001
Business Employment Law
December 16, 2012
Dr. Robert D. Waldo, SPHR
1. What were the legal issues in this case?
The legal issues in the case of Dillon v. Champion Jogbra are implied contract, just cause and promissory estoppel. The implied contract was first established when Dillion was approached by her manager that the sales position would be coming open and recommended that she apply for the position. She was then granted the job along with the promise of extensive training and that her training would overlap with the departing employee. She was also informed by her new supervisor that the job would require about six months to perform comfortably on the job and not to worry about it, which was another promise. Just cause for the discharge was established when her termination was inconsistent with the rule termed “Corrective action Procedure” that Champion Jogbra developed as a progressive discipline procedure. Dillon was aware of this procedure from her friendly relationship with the HR manager who told her that people cannot just be gotten rid of it. There are consistent procedures in place for dealing with such employees before they can be terminated. Dillon was not allowed this procedure which was previously used consistently with other employees. The promissory estoppel was established with the breach of the specific promise of extensive training and the time to be comfortable with the job which is summarized as job security for taking the new positon.
2. Explain what the implied contract was in this case.
The implied contract was with the promises of her job security which was made regarding the extensive training and the four to six month projected time to learn the job. Without prior notification or warning, Dillon was called into a meeting with her immediate supervisor and her HR manager just about a month later of accepting the job.
HRM510 005VA016-1128-001
Business Employment Law
December 16, 2012
Dr. Robert D. Waldo, SPHR
1. What were the legal issues in this case?
The legal issues in the case of Dillon v. Champion Jogbra are implied contract, just cause and promissory estoppel. The implied contract was first established when Dillion was approached by her manager that the sales position would be coming open and recommended that she apply for the position. She was then granted the job along with the promise of extensive training and that her training would overlap with the departing employee. She was also informed by her new supervisor that the job would require about six months to perform comfortably on the job and not to worry about it, which was another promise. Just cause for the discharge was established when her termination was inconsistent with the rule termed “Corrective action Procedure” that Champion Jogbra developed as a progressive discipline procedure. Dillon was aware of this procedure from her friendly relationship with the HR manager who told her that people cannot just be gotten rid of it. There are consistent procedures in place for dealing with such employees before they can be terminated. Dillon was not allowed this procedure which was previously used consistently with other employees. The promissory estoppel was established with the breach of the specific promise of extensive training and the time to be comfortable with the job which is summarized as job security for taking the new positon.
2. Explain what the implied contract was in this case.
The implied contract was with the promises of her job security which was made regarding the extensive training and the four to six month projected time to learn the job. Without prior notification or warning, Dillon was called into a meeting with her immediate supervisor and her HR manager just about a month later of accepting the job.
References: Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition (3rd ed.). Mason, OH: South-Western Cengage Learning. LaMance, K. (2012) Employee handbooks: At will employees. Retrieved from web December 16, 2012. http://www.legalmatch.com/law-library/article/employee-handbooks-at-will-employment.html Peckinpaugh, C. (1998) What are implied contracts? The business of federal technology. Retrieved from web December 16, 2012. http://www.legalmatch.com/law-library/article/employee-handbooks-at-will-employment.html [pic]