Hogge v. Champion Laboratories, Inc.

546 N.E.2d 1025, 190 Ill. App. 3d 620, 137 Ill. Dec. 912, 1989 Ill. App. LEXIS 1615
CourtAppellate Court of Illinois
DecidedOctober 13, 1989
Docket5-88-0354
StatusPublished
Cited by18 cases

This text of 546 N.E.2d 1025 (Hogge v. Champion Laboratories, Inc.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hogge v. Champion Laboratories, Inc., 546 N.E.2d 1025, 190 Ill. App. 3d 620, 137 Ill. Dec. 912, 1989 Ill. App. LEXIS 1615 (Ill. Ct. App. 1989).

Opinion

JUSTICE LEWIS

delivered the opinion of the court:

The plaintiff, Doris Hogge, appeals from a judgment of the trial court entered in favor of the defendant, Champion Laboratories, Inc. (hereafter referred to as Champion), following a bench trial. She presents for review the following four issues, which we quote:

“1. Whether an employee manual which imposes obligations on both the employer and employee binds the employer and its provisions?
2. Whether the employment application is incorporated into the contract between the employer and employee?
3. Whether a contract between the employer and employee may extend to and govern behavior affecting the employee and the State of Illinois?
4. Whether the employer, with timely notice of a breach, waives its right to enforce the contract by waiting more than three (3) years to exercise that right.”

Many of the facts of this cause are undisputed, among them the following. In December of 1982 or in January of 1983, while the plaintiff was employed by the defendant, she was laid off for a brief period for defendant’s taking of inventory. During that time she applied for and received unemployment benefits paid to her by the State of Illinois. When she returned to work for the defendant she continued to apply for and to receive unemployment compensation, while working for the defendant full time, until August of 1983, when the payments were discontinued by the State of Illinois. Thereafter, action was taken by the State of Illinois against her to recover the amount of unemployment compensation paid her while she was working for the defendant. On January 13, 1986, the State filed a complaint against her in the circuit court of Wayne County seeking payment of $4,754, the amount of the overpayment she had received. The defendant herein was not a party to that cause of action. A local newspaper carried an account of this action by the State against plaintiff, which appeared early in June of 1986. One or more clippings of the news story appeared on one or more bulletin boards at the defendant’s plant where plaintiff worked. Thereafter the plaintiff was called to the office of defendant’s director of personnel concerning the information contained in the newspaper article, was advised that she would be suspended for five days, and was terminated from employment on June 13, 1986.

In her complaint she alleged, inter alia, that on May 16, 1983, August 15, 1983, and November 15, 1983, the defendant had received notices indicating times during which she was paid unemployment benefits while she was not unemployed. She alleged further that on June 13, 1986, she was discharged from the defendant’s employ and that the reason given was that defendant had recently learned that the plaintiff had collected unemployment benefits from the State of Illinois chargeable to the defendant from January 15, 1983, through August 27, 1983. The defendant admitted in its response to the plaintiff’s request for admission that on those three dates in 1983 it had received a notice “indicating periods in which plaintiff was paid benefits.”

At trial the plaintiff called as a witness Dudley Willis, the defendant’s director of human resources, who described the plaintiff as a “factory employee” assembling filters and stated that the purpose of the defendant’s Employee’s Manual (hereafter referred to as the Manual), which was admitted into evidence, was to provide to employees an “overview” of those matters presented to them during orientation. On page 23 of the Manual the following statements appear:

“The following enumerated reasons for disciplinary action up to and including discharge is [sic] by way of illustration and is [sic] not to be deemed to exclude management’s right to discharge employees for any other reason.
MAJOR OFFENSES which due to their severe nature result in immediate suspension with possible discharge:
* * *
7. Willful falsification or misrepresentation of employment, pay, production or other Company records.”

Nine other items are listed under “MAJOR OFFENSES,” including theft of property of the company or fellow employees; the use or possession of intoxicants or narcotics on company property; defacing or destroying company property or equipment; immoral or indecent behavior, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature; fighting or engaging in physical violence on company property, intimidating or coercing other employees or creating discord; leaving the plant without permission except at authorized times; gross negligence in performing assigned duties; insubordination; and causing an unsafe condition or endangering the safety of another employee. Asked the purpose of the list of 10 items under “MAJOR OFFENSES,” the witness answered, “To illustrate situations to employees where suspension and possible discharge can occur for various misconducts.” Asked why item seven was included in the Manual, the witness responded, “[L]ike the other paragraphs in — in the manual, and under the offenses, they were written as one illustrations [sic] and purposely made broad because it would have been difficult then as it would be now to delineate, you know, a long laundry list of all the things that would come to mind. So, it was — it was intended to be broad to give employee, you know, some notion as to, you know, the — the type of offense that we’re talking about.” The Manual concludes with the following statements:

“This handbook serves only to outline Champion’s major employment policies. It is not intended, and shall not be considered all inclusive or construed as an employment contract. This handbook reflects the company policy at the time of publication. The Company, of course, may improve or change these policies and reserves the right to do so at any time.”

The witness read from a letter, admitted into evidence, sent to the plaintiff by certified mail on June 10, 1986, which states in part as follows:

“As a result of information recently brought to our attention, we met with you on June 6, 1986, for the purpose of allowing you to explain, justify or refute out data indicating that you collected State Unemployment Benefits chargeable to Champion during the period of January 15, 1983[,] through August 27, 1983. This was despite the fact that during this same period you were actively employed and collecting wages from Champion. Your failure and/or inability to explain, refute or otherwise justify this matter resulted in the action we have taken.
As you were told, to again afford you the opportunity to appeal our decision for subsequent termination to Mr. C. Casaleggi, Senior Vice President of Operations, you were placed on a five working day suspension, which covers the work week of June 9 through June 13. Pending your appeal and reversal by Mr. Casaleggi, your employment and all benefits will terminate effective June 13, 1986. As you were told, this action is a consequence of your direct violation of Item No.

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Bluebook (online)
546 N.E.2d 1025, 190 Ill. App. 3d 620, 137 Ill. Dec. 912, 1989 Ill. App. LEXIS 1615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hogge-v-champion-laboratories-inc-illappct-1989.