Dillon V. Jogbra

1383 Words6 Pages
Employers that do not follow their disciplinary policies, and related procedures, may get sued for breach of contract or wrongful discharge. Courts have ruled that disciplinary policies can be contracts, even when employers include at-will statements in them, if the policies contain provisions promising that the employer will follow specific disciplinary procedures. So, in Dillon v. Champion Jogbra, Inc., the Vermont Supreme Court found the disclaimer printed in an employee manual was in conflict with the employer's elaborate discipline and discharge system, which the employer said would be carried out in a fair and consistent manner. The Court ruled that the employer was sending mixed messages to employees about their status. Accordingly,…show more content…
733). The implied contract in this case consisted of two points. First, the written statements in the handbook were conflicting with the at-will employment relationship and the disclaimer language. Second, the conduct and oral statements from the employer were given that gave the employee reason to believe that her job was safe. The oral statement made by the employer was “it will take you four to six months to feel comfortable with [the] position” which gave the impression that she would have that time to settle in with the new job. 3. Explain how the employer breached the implied contract. The employer breached the implied oral contract because in less than two months Dillon was called into her supervisor’s office and was terminated from that position in which the employer stated that it was not working out. The written contact, according to the Champion Jogbra’s policy, was that actions will be carried out “in a fair and consistent manner.” Concerning the disclaimer at the start of the manual, it was inconsistent with the terms of the Corrective Action policy. The Champion’s employees, including Dillon, could interpret an implied contract because of mixed messages they received from the written manual, the disciplinary action policy, the at-will relationship explained, and the oral statements given. 4.

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