Assignment #5 - Dillon V. Champion Jogbra

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Assignment #5 - Dillon v. Champion Jogbra

Shameka Cox

March 10, 2012

Business Employment Law - HRM 510

Dr. Zelphia A. Brown, SPHR, Instructor

Assignment #5 - Dillon v. Champion Jogbra

1. What were the legal issues in this case? Linda Dillon appeals an order of the superior court granting summary judgment to defendant Champion Jogbra. (Walsh 2010) She worked for Champion, and after she was optimistic in taking a challenging position within the company, and then she was fired for not meeting the expectations. When taking the new position she stated that she was advised that it would take several months to get comfortable with the sales administrator position and Champion would provide training. After about four days of training she was fired without notice. Linda Dillon sued her former employer, Champion Jogbra, claiming that the company did not follow the disciplinary policy as stated in the company handbook. Also the trial court’s summary judgment on her claim of promissory estoppels was incorrect. Champion stated that Dillon was an at-will employee, who could be terminated at any time, but nothing in the employee handbook states that policy. (Walsh 2010) Champion pointed out a well-known disclaimer in the employee handbook, which stated: "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.” (Walsh 2010) The court detained the discipline policy in the employee handbook, and stated that the disclaimer does not construct a contract. In addition, the court stated that the discipline system set out in the handbook was contradictory with both the disclaimer language in the handbook and the at-will employment relationship, and the discipline policy sent different messages to employees and could make an...