Dillion V. Champion Jogbra
Linda Dillon (plaintiff) appealed an order of the superior court granting summary judgment to defendant Champion Jogbra. Dillon was offered a new position within the company; she was very optimistic about applying for the position but went ahead anyways and she ended up being accepted. Upon her taking the new position Jogbra commented that it will take her several months to get comfortable within the sales administrator position and not to be concerned. Jogbra provided her with training, after four days of training two days in August and two days in September, Dillon was fired. Dillon sued her former employer, Champion Jogbra, claiming the company did not follow the disciplinary policy as stated in the company handbook. The trail courts of summary judgment affirm for promissory estoppel, but reverse and remand on her breach of contract claim.
The implied contract in this case was the written statements in the handbook that was contradicting with the at-will employment relationship and the disclaimer language. The conduct and oral statements from the employer that was given, gave the employee reason to believe that her job was safe. The oral statement by the employer “it will take you four to six months to feel comfortable within the position” which gave her the impression that she would have time to settle in with her new job before being evaluated on her performance. The employer breached the contract because they evaluated her performance after only receiving a total of four training during a course of two month. The employer stated she wasnt working out without warning her of her flaws. According to Jogbras policy, the written contract stated that actions will be carried out “in a fair and consistent manner.” Jogbras employment practice for the record was both consistent but the manual was inconsistent with an at-will employment arrangement; therefore summary judgment wasnt proper on Dillons