Dillon v. Champion Jogbra Case Study

Dillon v. Champion Jogbra Case Study What are the legal issues in this case study Employment terms and conditions and wrongful termination are the most clear legal issues that are pointed out in this case study. The nature of employment offered by Jogbra is described as at-will employment. This ought to have been expressly communicated.Advertising We will write a custom case study sample on Dillon v. Champion Jogbra specifically for you for only $16.05 $11/page Learn More Taylor and Emir (2012), argues that such an employment status should be revealed during three critical junctures which are: when applying for the job, when giving the letter of offer and finally in the employee handbook. The company failed to do this and even their employee handbook did not clearly relay this information. When a person is being offered a job it is prudent that the management clearly states the nature of employment, from the case study it is evident that the management at Jogbra failed to avail this information during the hiring process. At the time of the interview, the sales vice president gave the impression it was a long term position and was of the opinion that it would take close to six months to be comfortable with the position, only to reverse this stand and say that within the first ten days the company had taken a new position, her employment would not work out. Janice (2013) notes that by not allowing a worker to perform or continue to perform their duties the worker can be considered victimized by the principal. The attitude of the management can be seen as victimization as they had not given her the time they has estimated it would take for her to get acquainted with the tasks. Dillon was a salaried employee and there are certain procedures that the company had to follow before firing her. The employee handbook described instances when an employee could be fired (Bales, Hirsch and Secunda, 2013). She had not breached any of the company policies and thus the grounds for losing her job were not in accordance with company policies leading to a wrongful termination.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Explain what the implied contract was in this case The nature of employment was not expressly communicated by management. Comments made during the interview seemed to imply that the position was long term. The promise for extensive training hinted that the company was ready to develop her skills for its benefit. Employee training and development is costly and companies do not make such investments for the sake of it, rather it is seen as a long term strategic move to create a competitive advantage. When a company takes such deliberate measures to the extent of recalling a predecessor to offer training, it is justified if employees read this as a sign of long term commitment to the company (Taylor and Emir, 2012). Even though the Jogbra offer s no employment contract and reserves the right to terminate employment at any time this does not mean that it does not offer long term employment opportunities to job seekers. The fact that between 1996 and 1997 the company developed a corrective action procedure as an addition to its employment manual implies that it was working on improving the job security of its employees. The corrective action procedure described an elaborate discipline system that was to be applied in a fair and consistent manner. The human resource manager clearly said that the company could not just fire a person; statements such as these give the impression that employees enjoy a certain degree of job security. It was not wrong for Dillon to expect a certain level of job security after assurances by company management as well as guidelines contained in the employee manual. The company failed to express is employment terms in a clear and unambiguous manner.Advertising We will write a custom case stu dy sample on Dillon v. Champion Jogbra specifically for you for only $16.05 $11/page Learn More Explain how the employer breached the implied contract From the case study it is evident that Jogbra does not have a definite position when it comes to the security of tenure of its employees. The position it takes is characterized by convenience and self interests. According to Janice (2013), there are general reasons for termination of employment despite the nature of employment. It can be based on the employee’s capabilities and qualifications with regard to the kind of work they are performing, if there are certain restrictions, employee redundancy or their conduct. Dillon’s termination of employment was not based on these general or those specified in the corrective action procedure leading to a breach of contract. At-will agreements provide no restrictions to contracting parties to modify or specify new terms of their agreement (Walsh, 2010). Dillonâ €™s terms of employment could have been easily modified once the management realized that things were not working out. The company’s decision to fire her in December was a breach of implied long term employment tenure. The employment manual cannot be relied on to provide guidance to either the employer or the employee on the status on their employment. Its ambiguity is prone to misinterpretation to suit the needs of the company at the expense of the employees. The management breached its agreement with Dillon when it failed to follow the guidelines as pertains termination of employment. Explain why the disclaimer in the employee manual does not have the effect desired by the employer The disclaimer contained in the employee manual states that policies and procedures stated therein are not part of an employment contract nor are they a sign of commitment to employees regarding how their terms of employment should be handled. To begin with, this disclaimer does not change th e fact that at-will agreement are subject to change by either parties (Walsh, 2010). The disclaimer is thus inconsequential should a party to the agreement decide to request a review of terms and conditions.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The disclaimer may not always serve the interests of the employers because many courts in the past have ruled that employee handbook only forms part of an at-will agreements, its contents however are not independent or necessary create contractual obligation or rights. The employee manual thus is a legal document but its contents do not force an employee to fulfill contractual obligations (Bales, Hirsch and Secunda, 2013). The laws of the land rule are more important than company regulations (Janice, 2013). If the disclaimer contravenes the laws of employment or infringes on the rights of employees then it fails to achieve its purpose. Disclaimers given in the employee manual does not affect national employee laws this is why Dillon was able to challenge her dismissal. It should be noted that the contents of employee manual do not prevent an aggrieved party form seeking the court’s intervention. References Bales, A., Hirsch, M., Secunda, M. (2013). Understanding Employment L aw. Ohio: LexisNexis. Janice, N. (2013). Employment law statues 2011-2012. California: Routledge. Taylor, S., Emir, A. (2012). Employment law: an introduction. Oxford: Oxford University Press. Walsh, D. J. (2010). Employment law for human resource practice: 2010 custom edition. Mason, OH: South- Western Cengage Learning.

Free Essays on Farenheit 451

Fahrenheit 451 Fahrenheit 451, by Ray Bradbury is a futuristic novel, taking the reader to a time where books and thinking are outlawed. In a time so dreadful where those who want to better themselves by thinking and by reading are outlaws as well. Books are burned physically, and ideas are burned from the mind. Bradbury uses literary devices, such as symbolism, but it is the idea he wants to convey that makes this novel so devastating. Bradbury warns us of what may happen if we stop expressing our ideas, and we let people take away our books, and thoughts. That is what he is speaking out against. Bradbury incorporates symbolism into his book. He expresses it through the symbols the hearth and the salamander, the phoenix, and the great fire. Bradbury's use of symbolism throughout the novel makes the book moving and powerful. The Hearth and the Salamander, the title of part one, is the first example of symbolism. The title suggests two things having to do with fire. The hearth is a source of warmth and goodness, showing the positive, non-destructive side of fire. Whereas a salamander, a small lizard-like amphibian, and also in mythology, is known to withstand fire without getting burnt by it. Perhaps the salamander is symbolic of Guy Montag, who is being described as a salamander because he works with fire, and endures it, but believes that he can escape the fire and survive. On the other hand, ironically, the other firemen believed that they were salamanders too because they thought they were immune to the all might flames, when in the end it were the flames that destroyed them. The symbol of a Phoenix is used throughout the novel. This quote accurately describes the Phoenix, "It is known to be a mythical multi-colored bird of Arabia, with a long history of artistic and literary symbolism, the Phoenix is one of a kind. At the end of its five-hundred-year existence, it perches on its nest of spices and sings until sun... Free Essays on Farenheit 451 Free Essays on Farenheit 451 Fahrenheit 451 Fahrenheit 451, by Ray Bradbury is a futuristic novel, taking the reader to a time where books and thinking are outlawed. In a time so dreadful where those who want to better themselves by thinking and by reading are outlaws as well. Books are burned physically, and ideas are burned from the mind. Bradbury uses literary devices, such as symbolism, but it is the idea he wants to convey that makes this novel so devastating. Bradbury warns us of what may happen if we stop expressing our ideas, and we let people take away our books, and thoughts. That is what he is speaking out against. Bradbury incorporates symbolism into his book. He expresses it through the symbols the hearth and the salamander, the phoenix, and the great fire. Bradbury's use of symbolism throughout the novel makes the book moving and powerful. The Hearth and the Salamander, the title of part one, is the first example of symbolism. The title suggests two things having to do with fire. The hearth is a source of warmth and goodness, showing the positive, non-destructive side of fire. Whereas a salamander, a small lizard-like amphibian, and also in mythology, is known to withstand fire without getting burnt by it. Perhaps the salamander is symbolic of Guy Montag, who is being described as a salamander because he works with fire, and endures it, but believes that he can escape the fire and survive. On the other hand, ironically, the other firemen believed that they were salamanders too because they thought they were immune to the all might flames, when in the end it were the flames that destroyed them. The symbol of a Phoenix is used throughout the novel. This quote accurately describes the Phoenix, "It is known to be a mythical multi-colored bird of Arabia, with a long history of artistic and literary symbolism, the Phoenix is one of a kind. At the end of its five-hundred-year existence, it perches on its nest of spices and sings until sun...

Faith Term Paper Example | Topics and Well Written Essays - 1250 words

Faith - Term Paper Example For years, the healthcare profession in the United States was ultimately predicated upon an understanding that almost each and every patient that they would come in contact with would necessarily be of a Christian background war faith. However, in recent years, a deluge of immigration and demographic changes around the globe have elicited a situation in which such an expectation can no longer be relied upon. Instead, the healthcare provider must be thoroughly aware of the fact that a variety of different worldviews, religious beliefs, and approaches necessarily exist within the environment and could be reflected during the course of any normal day. Because of this, the following analysis will seek to engage the reader in a further understanding of how three distinct and rather unknown faiths engage with the issue of healthcare. Such an analysis will hopefully be beneficial in providing an overview of how the healthcare provider can seek to address key needs and issues to individuals that do not ascribe to major worldviews and religious beliefs. In terms of Buddhism and the provision of care, it should be understood that this particular religion is the one that perhaps most closely mirrors Christianity; at least with respect to the application and focus on the Golden Rule and the need to not harm another individual. By means of contrast and comparison to the Christian faith, Buddhism necessarily places a high level of focus on the importance of respect towards Buddha and his teaching; as compared to the Christian belief that Christ served as the exemplification of how they should be understood and represented (Wei-Chen, 2010). Likewise, in comparison to the other religions that have been analyzed within this particular analysis, Buddhism necessarily places an additional level of focus on the importance of personal mindset and the need to justify one’s own life and existence with the outside

Addressing Fashion's Communications Conundrum Essay

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An Exceptional Leader Lee Cockerell Case Study Example | Topics and Well Written Essays - 2250 words

An Exceptional Leader Lee Cockerell - Case Study Example Disney World was opened in 1971 inspired by the dreams of Walt Disney who wanted a theme park on the east coast that could supplement the Disney land in California (WDW, 2011). Lee Cockerell founded the Lee Cockrell LLC company. The company is a leadership, management and consulting company that specializes in leadership and management training with an emphasis on how to create world-class customer services through exceptional leadership. The company works on the principle that there are many products and services in the market which are very similar; it is only through the interaction between the employees and the customers that make the difference and gives the organization the competitive advantage (Horn, 2011). He speaks at various conferences, training people in a very simple down-to-earth style that relates to everyone listening to him. Lee has long experience in the hospitality industry and has worked with very many companies all over the world including the Hilton Hotels Corp oration, Marriot Hotels, and Resort before finishing off at the famous Walt Disney Company (Horn, 2011). It is after retiring that he formed his own company in order to share what he has learned all the years in the world’s biggest companies. ...Banks cannot lend them money because they do not have the experience to run the company and secondly is that they do not have security with which the banks can take in case they fail to repay the loaned money (Awogbenle & Iwuamadi, 2010). This becomes a big challenge and many people often fail to start businesses because of this problem. Cockrell was also faced with the same problem and this is well explained because of his poor background. He was just a farm boy and he did not have enough money that could help him start any business. Though he tried to seek for ways he did not get any far because of the same reasons explained above (Cockrell, 2008). Many people and companies face the same problem at the start but once they are runnin g they are able to secure funding from other sources such as banks and other financial institutions that help them in the running of the business. The second problem that faced Lee was the lack of managerial skills. Just like other entrepreneurs, many of them begin with very little knowledge of how to run a business. They lack the essential management skills that are very important in ensuring that people and other resources are managed effectively so as to produce outcomes (Crispen Chipunza, 2011). The result is usually disastrous with many of the businesses closing down because of poor management. Many examples exist in the world today of such business and there are also many examples of people who have failed because of lack of managerial and leadership skills. Lee saw this and decided to pursue a degree in management so that he could understand better how to run a business effectively.

Civil Engineering Essay Example | Topics and Well Written Essays - 750 words

Civil Engineering - Essay Example pulated language and hence ease of interpretation and application, non-legalistic language, minimal use of such broad terms as â€Å"reasonable† and â€Å"fair† that induce subjectivity in interpretation and comprehension, clear demarcation and identification of roles and responsibilities of individual parties that form part of the project, simple structure and decisions supported with rational reasoning. It is a contract between a Contractor and an Employer. The employer is entitled to hire a Project Manager (PM) in order to get his work administered and his objectives safeguarded. As evident from the organizational chart below, NEC (ECC) contract is developed only between the Employer and Contractor. However, various other forms of NEC contracts have been published to organize the work and enhance coordination between various parties that are involved in the project. The Employer forms NEC PSC contracts with the PM, Designer and Supervisor. The Adjudicator is linked with both the Employer and the Contractor. The Contractor in turn, may hire Subcontractors for assistance and time saving. The Employer gets the work administered by PM. An NEC3 (ECC) encourages a PM to be proactive and work contrary to the general trend among PMs of reacting on what comes next. Being the administrator of Employer and working on his behalf, any decision that the PM takes has the same worth and applicability as that coming directly from the Employer. As per the ECC contract, PM is required to notify the Contractor about compensation events as they occur unlike most other forms of contract, in which it is for the Contractor to realize that he should be compensated for the change in nature or scope of work. Many times, the Contractor has to indulge in lengthy arguments with the owners in order to make them realize. This, in turn, ruins their inter-relationships, and the project suffers. Hence, in an NEC3 (ECC), a PM is more dutiful and watchful in the best interest of the overall project

Value-Neutrality Paper Associated with Counseling Essay Example for Free

Value-Neutrality Paper Associated with Counseling Essay When working in the counseling field, one must remain neutral about issues that a client is suffering from. A counselor should not criticize a client for what he or she may believe in and should make ethical decisions when dealing with his or her clients. Within this paper, one will locate personal beliefs on ethical decisions, factors that might lead a counselor to referring a client to another counselor and, what would a counselor do if a referral is not an option. As a counselor, remaining value-neutral to a client’s situation should always be practiced with ethical decision-making. A counselor should remain neutral to all issues that a client is in session for to give the client the necessary help that is needed. If a counselor expresses moral judgment to a client in regards to his or her issue, the client can become resistant to the therapy session and the counselor. A client comes to the counselor because they are looking for help not to be judged or looked at negatively (Module 3 Lecture). With the issues stated above, I would be able to have a therapy session with a client, even though I am against all of the issues. Personally, I would stay away from my own values and beliefs so that no problems will arise within our counseling relationship. An example is that if I were to use my own values in a therapeutic session with a client, it would be only to allow the client to see that I was not successful with a similar issue they are facing. Out of nine ethical-decision making models that were created for counselors, no two models were alike but had similarities. Most of the models stated for one to identify the problem, consult the ethic codes, think about the consequences of the decision, and choose what is best for the client (Remley Herlihy, 2010). With ethical-decision making, as a counselor one must integrate a model that fits them personally to help the client because no one model works for everyone. If a counselor is faced with a client who suffers from any of these issues, the counselor has to work with the client to help them with his or her situation. Be mindful to the issue that the client is facing and if you are not experienced and do not fully understand, get help from another counselor who is more experienced in that area. A factor that may lead a counselor to refer a client to another counselor is handled case by case for the best outcome for the client. Reasons would be, if the client has come to a counselor that is not trained to treat the condition the client needs help with, dual relationships, insurance reasons, financial abilities of an agency, or if the client and counselor is having difficulties relating. If referring a client was not an option, I would work with another counselor to gain the necessary knowledge that is needed to treat my client and make the situation professional (Module 3 Lecture).