Dillon vs Champion Dogbra
Assignment #5 – Dillon v. Champion Jogbra
Business Employment Law (HRIS)
Dr. Jean Gordon, Instructor
1. What were the legal issues in this case?
The legal issues in this case stem from a lawsuit filed by former Champion Jogbra employee, Linda Dillon. She accused her former employer of wrongful termination. She believed the company breached the implied contract and terminated her services without abiding by its progressive discipline policy as outlined in the company handbook. But, according to Walsh (2010, p. 589), “the first page of the manual states; the policies and procedures contained in this manual constitute guidelines only. 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. Champion Jogbra offers no employment contracts nor does it guarantee any minimum length of employment. Champion Jogbra reserves the right to terminate any employee at any given time “at will”, or without cause.”
In August 1998, Dillon accepted a new position at the recommendation of Champion Jogbra management. During the interview, Dillon was told she would receive extensive training by her predecessor and the training was even reassured by her immediate supervisor when it was known that her predecessor had to report to her new assignment earlier than planned. The supervisor told Dillon that her predecessor would be brought back periodically to provide her additional training and also said, “it will take you four to six months to feel comfortable with (the) position,” and not to be concerned about it.” (Walsh, 2010) The supervisor’s statement sounds like it contradicts Champion Jogbra’s position of not guaranteeing any minimum length of employment to employees.
In looking at the timeline, Dillon received her training for the new position starting in August 1998 and eventually felt confident to perform the job without
Business Employment Law (HRIS)
Dr. Jean Gordon, Instructor
1. What were the legal issues in this case?
The legal issues in this case stem from a lawsuit filed by former Champion Jogbra employee, Linda Dillon. She accused her former employer of wrongful termination. She believed the company breached the implied contract and terminated her services without abiding by its progressive discipline policy as outlined in the company handbook. But, according to Walsh (2010, p. 589), “the first page of the manual states; the policies and procedures contained in this manual constitute guidelines only. 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. Champion Jogbra offers no employment contracts nor does it guarantee any minimum length of employment. Champion Jogbra reserves the right to terminate any employee at any given time “at will”, or without cause.”
In August 1998, Dillon accepted a new position at the recommendation of Champion Jogbra management. During the interview, Dillon was told she would receive extensive training by her predecessor and the training was even reassured by her immediate supervisor when it was known that her predecessor had to report to her new assignment earlier than planned. The supervisor told Dillon that her predecessor would be brought back periodically to provide her additional training and also said, “it will take you four to six months to feel comfortable with (the) position,” and not to be concerned about it.” (Walsh, 2010) The supervisor’s statement sounds like it contradicts Champion Jogbra’s position of not guaranteeing any minimum length of employment to employees.
In looking at the timeline, Dillon received her training for the new position starting in August 1998 and eventually felt confident to perform the job without
References: Doverspike, L. (2012). What Is Breach of Implied Contract? http://www.ehow.com/about_5040737_breach-implied-contract.html Retrived June 10, 2012. USLegal.com. (2012) Promissory Estoppels Law and Legal Definition. http://definitions.uslegal.com/p/promissory-estoppel. Retrieved June 10, 2012. Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition (3rd ed.). Mason, OH: South-Western Cengage Learning.