Howard V. Conlin Furniture, Inc.: Case Study

Facts: In 1952 the United States was in a conflict in Korea, and the demand for steel

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

In determining whether a genuine issue of the material fact whether a genuine issue of material fact occurs regarding the reasonableness of the requested accommodation, we first examine whether Turners facial presenting that her proposed accommodation is possible. If appellant has made out a prima facie showing, the load then shifts to prove a favorable defense, that the accommodations requested by Turner are unreasonable or would cause an undue hardship on the employer. In contrast, If Turner has satisfied her initial burden, Turners proposed accommodation seems practical. At this time, Hershey rotations policy is new one which had never been required of employees in Turners position. If Turner's proposed accommodation would permit the new rotation program to endure, even though on a modified basis. Under Turners proposed accommodation, each inspector could continue to rotate on the hourly basis, with Turners, herself, rotating only between line 8 and 9. Hershey has not put up with that because this is not practical or

Additional Damages– The Courts felt that the employer owes an obligation of good faith and fair dealing in the way in which it dismisses an employee. They did not condone terminating employees in a callous and insensitive way and showing no regard for well-being when terminating an employee. The plaintiff Mr. Beatty stated that his termination was carried out in a dishonest, unfair and insensitive way even though the termination was “without cause”. He was called to Mr. Lebeter’s office and informed of his dismissal and given his letter of termination. He stated this

Separate Opinions: Judgment was affirmed by Judges Lundberg Stratton, O’Donnell, and Cupp, JJ. , as they believed Allen was discharged for taking unauthorized breaks from her scheduled employment. Since Allen failed to present evidence of a discriminatory motive from Isotoner, or that reason for releasing her from employment was a ground for discrimination, Lundberg Stratton, O’Donnell, and Cupp, JJ. felt only the issues presented by the facts of Isotoner discharging Allen due to ‘unauthorized breaks’ should be decided on, while issues of the facts not directly placed on issue should only be responded to with advisory opinion.

The Third Circuit reversed and remanded the case for trial. The Third Circuit agreed with the District Court that Suders had presented sufficient evidence for a trial to conclude that the supervisors had engaged in a "pattern of sexual harassment that was persuasive and regular." The appeals court disagreed with the District Court and ruled that a constructive discharge, if proved, constitutes a tangible employment action that renders an employer strictly liable and precludes recourse to the Ellerth/Faragher affirmative defense. The Court of Appeals remanded Suders claim for trial. The United State Supreme Court granted certiorari to resolve the disagreement on the question whether a constructive discharge brought about by supervisor harassment ranks as a tangible employment action and therefore precludes

Constructive discharge is present when a company creates working conditions that are so intolerable that the employee feels they have no option for relief but to resign. Mr. Fleck did not notify his supervisor or any other manager that the new production schedule conflicted with the practice of his religion. If he had, the company would have had an obligation to accommodate his religious holy days and

Wrongful Termination (a.k.a. Wrongful Dismissal) is a legal phrase that refers to any situation in which a worker’s employment is ended by the employer (terminated) in breach of contractual terms of employment, or due to any of the following: discrimination, retaliation, an employee’s refusal to be involved in illegal activity, or an employer’s

The Equal Employment Opportunity Commission delineates constructive discharge as an event that impels an employee to quit, retire or downgrade their position because of discrimination, retaliation or harassment. The employee may be considered constructively discharged.  If validated, the employee is entitled to the same recourse as if they were involuntarily discharged.  (EEOC)

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

Constructive Discharge occurs when a company has created intolerable conditions for which an employee is to work. Unbearable conditions include but are not limited to discrimination or harassment, and negative

Eisenberg made claim of sexual harassment and told of employees using illegal substances in the warehouse

Wrongful dismissal is the term used at common law to denote the situation in which an employee is dismissed by an employer in breach of contract. It occurs most commonly in summery dismissal, namely, without any notice whatsoever. This is justifiable in the case of Laws v London Chronicle (indicator Newspapers) Ltd (1959), stating that “…Whether the conduct complained of is such as to show the servant to have disregarded the essential conditions of the contract of service…”

The essence of the public-policy exception is that an employee will have a cognizable claim for wrongful discharge if the discharge of the employee contravenes a clear mandate of public policy. Claims for wrongful discharge under the public-policy exception have included termination of employees for: (1) refusal to participate in illegal activity, (2) the employee's refusal to forsake the performance of an important public duty or obligation, (3) the employee's refusal to forego the exercise of a job-related legal right or privilege, (4) the employee's "whistleblowing" activity or other

The Rump Organization, a SEC registrant, is planning a corporate restructuring plan. On December 27, 2005 Ronald Rump, the CEO of the organization, along with the Board of Directors approved a plan to involuntarily terminate 100 of the organization’s employees. There is an option for each of the employees to sign a litigation waiver, which forfeits any right they have for legal action against Rump. In exchange for their voluntary signing of the waiver, Rump will offer each employee a lump-sum cash payment