...Brent Binns Stymetra Conley Wilson Neely Dillon v Champion Jogbra Arguments Both parties in the lawsuit provide valid points; however, at different points of the trial, flaws and weaknesses come to light. Attempting to discuss which party makes a better case would be extremely complicated considering there were two separate allegations. To avoid this arduous task, we will discuss both arguments throughout this section, one detailing the alleged breach of contract, as well as the alleged promissory estoppel. First we will breakdown the plaintiff’s argument for breach of contract. As previously discussed, Linda Dillon claimed she was wrongfully discharged under three primary reasons. The employee manual clearly spelled out a set disciplinary procedure as corrective action that must take place before termination. Secondly, Dillon knew of another employee who was terminated using the procedures listed in the manual. Lastly, she used the account of the Human Resources manager stating that champion Jogbra could not simply “get rid” of people and was bound by the procedures set in place. The account of the Human Resources manager and the case of the other employee; however, did not provide, in our opinion, a solid basis of evidence. In many cases such as this, the employer does not need to go far to debase this argument. Champion Jogbra simply argued that this process was used for non-salaried employees. Champion was also able to provide extensive documentation to support this...
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...EST1 310.2.1-05 Evaluation: Company Q is not functioning in a socially responsible way or practicing proper social ethics. The business has not established themselves as being a part of the larger community. This was evidenced in the fact that they closed down stores in high crime areas that are also highly populated areas. Instead of closing these stores if a healthy relationship with the community was developed and maintained these stores would likely have not lost money and would have instead thrived. Secondly by only carrying high margin health conscious and organic products the company may be alienating the lower income areas. This gives the impression the shoppers are not welcome and not good enough for their stores. Finally the business chose not to donate left over product to a food bank because they did not trust their employees. Employers and employees should be able to maintain a relationship of mutual trust. As it stands now this is not occurring. Recommendation One: Rather than closing the stores in “high” crime areas it is recommended by integrating more closely into the surrounding community through philanthropic communities actives may have led to increased profits. Evidence has shown that exercising social responsibility is related to increased profits. One survey indicated that three out of four consumers refused to buy from certain businesses, and a business's conduct was considered an important reason to avoid a business. (http://online.vitalsource...
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...Dillon v. Champion Jogbra HRM 510: Business Employment Law Dr. Moore June 12, 2011 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, it allowed a terminated employee to pursue her breach of implied contract claim since the employer had apparently adhered to these procedures in almost all other cases. Thus, your disciplinary policy should include "at-will" language stating that the policy is only a guideline, that management reserves the right to exercise its discretion in implementing it, and that you retain the right to discharge employees immediately. This case highlights the care that employers should take with the design of employee handbooks. Even where a handbook contains a prominent disclaimer stating that it does not establish any contract rights, an employer must be careful...
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...Ugh. You're up an hour early, your body hates you for it, and even a gallon of coffee can't get your day on track. “Daylight saving sucks’’ “We lost an hour this morning” “awaking to an already sunny sky.” “We feel robbed an hour from our day”. These are only some of the things I’ve heard citizens comment on about daylight savings and I’m here to change the way people think about daylight savings. Good morning federal opposition of the annual daylight savings, my name is Emily fields CEO of Coles and I’m here to exemplify the reasoning into why daylight savings is actually extremely beneficial to today’s living standards. Daylight savings time is the practice of advancing clocks during mid-spring until mid-autumn months for more daylight during...
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...Dillon v Legg is an emotional distress claim. The claim is on or about September 27th, 1964: the defendant David Luther Legg was driving his automobile in a southern direction on Bluegrass Road, close to an intersection called Clover lane in the county of Sacramento. On this same date the plaintiff Margery M. Dillon’s’ daughter Erin Lee Dillon, who is of young age was lawfully crossing Bluegrass Road. The Defendant then hit the plaintiff’s daughter Erin resulting in injuries so severe it resulted in her death. The first complaint was: the defendant should be held liable for compensation for the plaintiff’s loss. The plaintiffs second cause of action was: the defendant is liable for injuries due to negligence. Being the cause of said injuries...
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...“Dillon vs. Champion Jogbra” Keisha Jones Craig Cleveland Strayer University December 2011 “Dillion vs. Champion Jogbra” (Walsh, 2010, p.589) In the case of Dillion vs. Champion Jogbra, Linda Dillon was hired as a full-time employee to work for the company in August 1997 as a charge-back analyst (Walsh, 2010, p.589). During the summer of 1998, Dillon was asked by Jogbra management to assume to position as the sales administrator (Walsh, 2010, p.590). Dillon applied, interviewed, and was hired for the position. Upon being hired for this position, Dillon was advised that she would receive extensive training for the position and the current manager would train her for the role (Walsh, 2010, p.590). During the month of September, the prior manager return to train Dillon for an additional two days, in which Dillon stated that after that training; she had received a sufficient amount of training for the job (Walsh, 2010, p.590). At the end of September, Dillon was advised by her supervisor and the HR manager that she was being reassigned to a temporary position with the company based on “things not working out” and if she was not able to obtain a permanent job with the company by the end of December she would be terminated (Walsh, 2010, p.590). It is important to keep in mind that Champion Jogbra distributes an employee manual at the time of employment and the first page states “the policies and procedures contained in this manual constitute guidelines...
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...PRESS RELEASE DILLON Luxury Doggie Corporation – CFO Resigns DILLON Luxury Doggie Corporation, America’s first traded luxury dog accessory chain announced Ms. April Buggers has resigned from her position as the Chief Financial Officer. The announcement comes on the heels of an ongoing investigation by the U.S. Securities and Exchange Commission (SEC) of the DILLON Luxury Doggie Corporation’s accounting practices used by the company concerning revenue recognition. DILLON Luxury Doggie Corporation has provided the SEC all requested documents and policies. We are fully committed to cooperating with the SEC to put any concerns to rest for the well being of the business, our employees, and stakeholders. For the interim the company has appointed Mr. Grumps Parker to serve as the chief financial officer until further notice. Mr. Parker has been with the company for the past 3 years and has made valuable contributions to the company. Mr. Parker bring hope to strengthen the company financial situation and department. MEMO To: DILLON Luxury Doggie Corporation Staff and Employees Date: May 13, 2013 SUBJECT: Chief Financial Officer Resigns The following announcement will be released to the public in a press release scheduled for Tuesday, May 14, 1013 at 10:00 a.m. EST. As a valued employee, staff member, and stakeholder in DILLON Luxury Doggie Corporation we encourage you to call-in and listen to the press release and questions from the media in attendance...
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...differences in levels of contact of individuals with members of “outgroups”. In this way, the lower the contact the larger the tendency to evaluate them along fewer dimensions. It is also important to know that a stereotype does not have to be necessarily bad; traits associated with the group can be positive or negative. B.- Give specific examples in the case of where the concept plays out. The stereotype suggested here is the one of the “black criminal”. Unfortunately it is usually associated black people with criminals, or at least there is a thought about that there is a higher probability that a black to be a criminal than a white to be so. We can see how in the case Hope thought that Dillon was a criminal because he entered the parking lot piggybacking behind her car. Just in case Dillon was white, the reaction of Hope could have been less sharp and distant, what produced the conflict. C.- Explain how your knowledge of the concept helps you to understand how people in the case react. The point is that there were not so many black people working in this “diversified” company, thus there was not enough contact among...
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...occurred between two employees in a large national accounting firm. Our central characters are Jack and Dillon, Jack is a managing partner and Dillon is African American male Associate in the firm. The problem began when Dillon and Hope, a white female partner, crossed paths in the companies parking garage. Dillon decided to enter the parking garage on the bumper of the car entering ahead of him, after discovering that he had forgotten his company access card at home. Hope the driver of the car didn’t know Dillon was an employee and feared for her security, so she claimed; she stopped him and asked for his ID. She stated that she was concerned because a few of her friends had serious incidents in parking garages recently. One was raped and one was mugged. After showing his ID, they both proceeded to work. On Monday Dillon claimed racism stating that Hope wouldn’t have asked for his ID if he were white. This was the most recent of a series of questionable acts at this firm regarding his race as an African American. One major problem with this situation is a failure to communicate at the prime point of occurrence, the access gate. Dillon didn’t explain to Hope the reason for tailgating and Hope didn’t explain her reason for asking for an ID instead both made assumptions. Hope assumed that there might be trouble based on her knowledge of recent activities in garages, and Dillon assumed that Hope was racist based on his experiences. The issue of racism and prejudice is a difficult...
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...How Current Education Reform Legislation is Effecting Learning In recent years, education – specifically the quality of public education – has been a hot topic of discussion for both Republicans (George W. Bush) and Democrats (Barrack Obama). American society has changed drastically during the past decade or so in terms of the way it approaches public education, partially due to legislation by the national government, partially due to legislation written by the state governments and partially because American culture is different than it once was. America now finds itself at a crucial point in history, where something must be done in these hard economic times to combat low quality, inner city education while at the same time maintaining the high quality of much suburban education. Americans are asking themselves, “What is the government doing to change our schooling system to make it better?” The response is a long and complex one, though there is still no answer, as our schools are constantly changing and growing in many different ways. First, there was President Bush’s “No Child Left Behind Act” and now President Obama’s “Race To The Top.” Both of these government reforms have had a large impact on education and American society as a whole. To have a good understanding of the current legislation regarding education reform, one must first understand the legislation before it: The No Child Left Behind Act. The No Child Left Behind Act (NCLBA) was instituted...
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...LAW 531 WEEK 5 A+ Graded Tutorial Available At: http://hwsoloutions.com/?product=law-531-week-5 Visit Our website: http://hwsoloutions.com/ Product Description PRODUCT DESCRIPTION LAW 531 Week 5 Discrimination Scenario Simulation Introduction The Civil Rights Act of 1964 is the most noteworthy act of its kind, which emerged directly from the civil rights movement of the 1960’s. Title VII of the act states that it is illegal for employers, employment agencies, and labor unions to discriminate in respect to compensation, terms, conditions, or privileges in employment by hiring individual based on race, color, sex, religion, and national origin (Cheeseman, 2013). Discrimination was at the forefront of everyone’s mind during the 60s and 70s and many people believe that it has been eliminated it all together, but discrimination is still alive and thriving in our society in the work especially in the workplaces. The paper examines various scenarios of discrimination in workplace as they relate to Title VII reasoning. Scenario 1 Discrimination exists in this scenario because “disparate-impact discrimination occurs when an employer discriminates against an entire protected class.” (Cheeseman, 2013, para.6, p.546). He has a prima facie case of illegal discrimination. The black firefighter is in a protected class because of is race. The black firefighter was singled out to take his bed with him when he transferred from one fire station to next because the fire chief, who...
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...conversation about seeing the clinician. The client could also seek information about the clinician from outside sources. Disclosure of any person information should always be supervised so that the conversation stays on a professional level. As a provider the information that is being obtain from the client needs to be held in the strictest of confidence and careful to whom information can be legally and ethically shared. Even though clinicians are still humans and make mistakes, if they cross a moral or legal line, the law is going to hold them accountable. Out of office contacts is permitted as long as it is work related. Work related contact includes hospital visits, institutional and home. These places may be the normal settings for meetings (Dillon & Murphy, 2003) within the Human Services field. Subject matters that the clinician really needs to be concern with are boundary issues. This is very important between the client and clinician. A client can obtain information about clinicians in a number a ways. The clinician can volunteer to tell the client personal information if they choose or the client could have seen the clinician outside of the office and strike up a conversation about seeing the clinician. The client could also seek information about the clinician from outside sources. Disclosure of any person information should always...
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...Emergency services at scene http://www.orsgroup.com/wp-content/uploads/2014/05/emergency-services-banner.jpg Some examples of these are the use of the voluntary sector not just being regarded, but also being given a role to play in emergencies, statutory or not with regard being given to the original reason they are not currently included. There could amendments made to identify “safe supporting roles” in which to use willing civilian bystanders providing extra manpower and releasing pressure in the response ( Dynes 1994, Drabek 1986). Emergency planning in the UK: a unique perspective. Part A) Nature of Emergencies Joshua ST.Lyon 1370 Words The 1953 floods are an early example of a response under the Civil Defence Act (1948). The response for this event was not effectively backed by the Civil Defence Act (1948) which did not provide many statutory responsibilities. The local authorities could only carry out normal peacetime activities, not those associated with a state of emergency (Grieve 1959). The response from the services for this event was chaotic as work carried out was not done with thought as to whose function it was. The agencies were overwhelmed by the scale of the incident and the remoteness of the locations cut off by flooding (Delderfield and Carnegie 1969, Grieve 1959). The nature of this incident and similar ones of the day was very much one of miscommunication or lack thereof, an underprepared and equipped set of emergency services and a reliance...
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...It’s Not Just Football: Friday Night Lights Review For many people who aren’t sports fans, a television drama about a high school football team in Texas does not sound interesting. But NBC’s Friday Night Lights is one of the best American TV dramas in recent years. There's a level of honest, raw humanity in this Primetime Emmy award-winning show that few TV dramas have ever achieved. Friday Night Lights focuses on the small town of Dillon, Texas, where what matters most is the local high school football team. Eric Taylor is the new head coach of the Dillon High School Panthers. This is a job that comes with an incredible amount of pressure, as everywhere he goes, Eric hears how much the town is counting on him to take their boys to the state championship game. The show illustrates the stress that a town gives its high school players to win and the hope that a team gives to a small town. To have a heightened sense of realism and immerse viewers in the world of the show’s characters, Friday Night Lights...
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...The novel Chinese Handcuffs by Chris Crutcher and the poem Overcoming Obstacles by Gerry Legister share a common theme: in spite of the daily struggles of life, anything can be overcame with time and the right people. To start, a similarity between the novel and the poem involves each protagonist have an issue with courage.Dillon Hemingway, protagonist of the novel Chinese Handcuffs, feels lonely and helpless when he writes a letter to his deceased brother: “if I don't tell somebody about it, I might just explode. Only there’s no one to tell”(Crutcher 6). Likewise, the speaker of the poem battles with the ability to express his feelings and believes that, “courage is sometimes the quietest voice that roars loudest from within”(Legister 1-2)....
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