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What Were The Legal Issues In This Case?

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BUSINESS EMPLOYMENT LAW Name Institution 1. What were the legal issues in this case? The issue in this case was whether Dillons at will employment status had been modified by Jogbras employment manual. Dillon was an at will employee at Champion Jogbra. Jogbra employed its employees on at will contracts. However, the employment manual used by Jogbra included a disciplinary for its employees. On the first page of the employment manual used by Jogbra was a disclaimer indicating that the manual did not constitute a contract and that the employment status was at will. When Dillon was fired, she brought an action against Jogbra claiming that the at will employment status was modified by the employment manual. Dillon brought an action …show more content…

Jogbra breached the implied contract when it fired Dillon without following the progressive disciplinary system set out in the manual. The court observed that where an employer takes steps that provide the employee with a sense of job security and the employee enjoys the benefit of such an atmosphere, the employer should not disregard this commitment. Despite the disclaimer contained in the first page of the manual, the manual establishes an elaborate system regarding employee discipline and discharge. The policy provides that disciplinary actions will be carried out in a fair and consistent manner. The manual provides that the management should use employee counseling to achieve the required actions for employees. The policy goes ahead to set out the categories of violations and the corresponding action that should be taken to remedy these violations. The manual provides that progressive steps should be taken unless the case involves a serious misconduct. The failure of Jogbra to follow this progressive system breached the implied contract created by the progressive disciplinary system set out in the manual (Yoder …show more content…

B. (2008). Subjective Approach to Contracts: How Courts Interpret Employee Handbook Disclaimers, A. Hofstra Lab. & Emp. LJ, 26, 101. Yoder, B. (2008). How Reasonable is" Reasonable"? The Search for a Satisfactory Approach to Employment Handbooks. Duke Law Journal, 1517-1555. Jerrold, L. (2003). Handbooks or handcuffs. American journal of orthodontics and dentofacial orthopedics, 124(6), 746-747. Finkin, M. W., VanderVelde, L., Corbett, W., & Befort, S. F. (2009). Working Group on Chapter 2 of the Proposed Restatement of Employment Law: Employment Contracts: Termination. Empl. Rts. & Employ. Pol'y J., 13,

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