Dillon V. Jogbra

In 1950, Sam Walton purchased a store and opened Walton’s 5 & 10 in Bentonville, Arkansas. This later became the home office of the now multi-billion dollar company. As business became more successful, Walton opened more stores and renamed the chain “Wal-mart.” Now, Walmart has stores all around the globe, with 5,229 stores in the US alone. It is considered the largest retail company in the world.

In addition, the “At-Will-Employment Law” gives the employer the capacity to unfairly change the terms of the employment relationship with no notice and no consequences.

Through cases such as Roper v. Simmons we are able to acknowledge and see the motions that bring juveniles into committing crime. Not only through his case but through research it is noted that that maturity/ brain development, peer influence/pressure, communication with parents, social differences, and insufficient education has a high leverage on the existence of juvenile crime. Christopher Simmons at 17 murdered Shirley Crook and was initially sentenced to death.

Does the Alabama statute 16-1-20.1, allowing a period of silence for meditation or voluntary prayer violate the First Amendment Establishment Clause that is applied to the states by the Fourteenth Amendment?

However, the ruling in this case and others like it prove that employers can, in fact, be bound by articles written in an employee handbook when disciplining or discharging an employee. An abysmally written handbook can greatly jeopardize an employer’s right to terminate at will. Trends show that courts are increasingly acknowledging enforceable promises in the past employment practices of firms, in employer handbooks and in oral commitments. In addition to including an at-will disclaimer in employee handbooks, employers should also require employees to sign an acknowledgment confirming that they understand and agree to employment-at-will and that at-will employment can at any time be modified by a written agreement. Personnel manuals should explicitly state that the employer reserves the right to terminate employment at will. All written policies should also be free of any language that could be considered as a guarantee of job security. To be sure that these common pitfalls are avoided employers must retain the service of a labor attorney to draft and air-tight employee manual and acknowledgment

accepts discriminatory instructions from an employer and carries them out, both parties are liable. An

In 1980, a precedent was set in a Michigan court case involving a man named Charles Toussaint who was suing his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set in the employee manual (Alfred and Bertsche 33). The manual stated that employees would only be terminated for just cause, and the court decided that Blue Cross had violated the agreements in the employee manual (34). The court also ruled that even with Blue Cross’s efforts to provide a document that “issued non-binding guidelines” the employee manual was a contract and Toussiant was wrongfully terminated (34). After the precedent set by this case many employers and employees for that matter were reviewing their employee manuals for the type of

When Dred Scott v. Sandford was decided in 1857, it made an enormous impact on the United States. It riled up both pro- and anti-slavery Americans. It angered many Americans in an extreme example of judicial activism. Some say it made the Civil War inevitable. By the time the dust had settled and the 13th and 14th Amendments reversed the Court’s decision, Dred Scott could be considered one of the worst Supreme Court decisions of all time. And yet, although the case was egregiously wrong, it still can be considered a “great case”.

The Implied argument that the 'implied term of contract of employment should be rejected' as

According to an online article titled, “What Is an Implied Contract” it defines the term as, “creating an obligation between the parties based on the facts of the situation. If the parties’ conduct or the circumstances suggests they had an agreement or understanding that created an obligation, then the law will find that they have an implied in-fact contract.” (Crowe, 2015). Based on this definition and the scenario that took place in the video, I would say that there was not an implied employment contract in this situation. From the discussion between Ms. Gaddis’ and Mr. Price, the viewer can gather that they both do not agree on what Mr. Price’s job role should be. For example, Ms. Gaddis’ feels as though Mr. Price should create the advertisement using the language that she felt was best for the agencies success; however, Mr. Price felt as though he

Defamation is defined as a statement that injures another party’s reputation. Defamation includes both written statements, libel, and spoken statements, slander. In order to prove defamation 4 things must be shown: a false statement claiming to be true is made, sharing that information either verbally or through written communication with a third party, fault and damages.

Under Montana 's Wrongful Discharge from Employment Act (WDEA), does Anton Chigurh have a claim for wrongful discharge when he signed a one-year employment contract containing an at-will provision and his employer, Carla Moss, offered him a lesser position with lower pay to accommodate a contract with a returning employee?

1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the

When we are dealing with the employment relationship between employers and employees, ethical issues are most likely to emerge. Especially, if a manager fires a worker without a proper reason, critics will follow this employer’s behavior. In Patricia Werhane’s paper, “Employment at Will and Due Process”, discusses two doctrines which are Employment at Will (EAW) and Due Process. It also addresses some justifications and objections for EAW, and shows Werhane’s supportive view to Due Process. In contrast, EAW is defended by Richard Epstein in his article “In Defense of the Contract at Will”. In my paper, I will attempt to develop my argument in favor of Employment at Will that could improve flexibility and efficiency of

What if the employer dismissed an employee without following some procedures proscribed by the contract? The case of Gunton v Richmond-upon-Thames London Borough Council (1980) provided an answer on this matter, “if the contract