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Sowards (Appellee) v

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Sowards (Appellee) v. Norbar, Inc. (Appellant)

Issue:               

Appellee was terminated for missing stops on 2 separate days that Appellant stated Appellee was aware of and this was considered to be a refusal to do the job, which Appellant alleges is grounds for immediate termination. 

Appellant searched a motel room that the Appellee stayed at, but was rented by the Appellant, for a missing permit book. 

Rule:               Breach of Contract 

Invasion of Privacy

Analysis:         Appellee contends that the additional stops were not communicated to him. With no proof of receipt, it cannot be proven that the stops were communicated to Appellee by Appellant. Also, without proof that the stops were communicated, it cannot be shown that Appellee refused to do the job, which, based on the employee handbook, does not warrant immediate termination, and the Appellee should have received a written warning. 

                        Appellee contends that the Appellant searched the motel room for a missing permit book that the Appellee uses while on the job and has a key to. Appellant keeps the room on retainer and contends that since they are paying for the room, they have the right to enter the room without permission from Appellee. 

Conclusion:    From the analysis of this case, Appellant did breach the contract as well as invaded the privacy of the Appellee. 

An effective employee handbook reduces litigation costs within an organization in many ways. As Deschenaux explains, “Providing workers with a handbook will foster better employer-employee relations and inform employees of what is expected of them. Moreover, a handbook will help companies avoid legal claims down the road and help them defend against such claims if they arise” (2013).  By making sure that the policies can be easily accessed by the employees, and that they received the policies, the company is better protected against future litigation.

            It is very important for the HRM professional to understand the mission and function of an organization, as it is necessary to have this information to align HR goals with the organization’s mission and function. Without this information, policies that are needed may not be created or may be incorrectly handled within the departments. 

            The employee handbook should be updated when policies change or laws are updated, added, or changed. Any time there is a change to a policy or law, the handbook needs to reflect that change so the employee has the correct and updated information. If the employee does not have the correct information, they cannot be held accountable for not following the current policy or law, and this can cause issues within the company. 

            When creating a handbook, HR, Senior Management, and Attorneys need to be involved. Any law or policy that requires mass distribution, benefits the employee may be eligible for, and disciplinary action process need to be contained within the handbook. Because this is being given to the employees, it should be written in language that is easy for the employee to understand and it should avoid overreaching language.

References:

Sowards v. Norbar, Inc., 605 N.E.2d 468, 474-75. Retrieved from https://heinonline-org.library.capella.edu/HOL/LuceneSearch?cited_by=true&other_cols=yes&terms=((%2278%20Ohio%20App.3d%20545%22%20OR%20%22605%20N.E.2d%20468%22))&collection=journals&searchtype=advanced§ions=any&submit=Go&sortby=cited_by&cite_count=19