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Erly H. Hernandez v. Toys "R" Us

August 9, 2012

ERLY H. HERNANDEZ, PLAINTIFF-APPELLANT,
v.
TOYS "R" US, INC., DEFENDANT-RESPONDENT.



On appeal from Superior Court of New Jersey, Law Division, Morris County, Docket No. L-1683-11.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued May 30, 2012

Before Judges Payne and Simonelli.

Plaintiff, Erly Hernandez, appeals from the dismissal, pursuant to Rule 4:6-2(e), of her complaint against her former employer, Toys "R" Us, Inc. In that complaint, plaintiff claimed that Toys "R" Us had breached an implied contract arising from the company's Policy and Procedures Manual that she alleged guaranteed her a peer review process in connection with an appeal of her termination for cause. We affirm.

I.

In a complaint filed on June 13, 2011, plaintiff alleged that, commencing in 1999, she was employed by Toys "R" Us as a human resources associate at its warehouse, located in Mt. Olive Township. She alleged further that:

3. At the inception of her employment and during the course of her continued employment, Plaintiff Erly H. Hernandez was provided with a document setting forth the Policies and Procedures (a copy [of] which is annexed hereto as Exhibit A) stating how problems would be addressed that could result in a termination of an employee.

4. On or about February 28, 2008, the Plaintiff Erly H. Hernandez was wrongfully terminated from her employment at Toys "R" Us, Inc., without being afforded the procedures set forth in the paragraph above.

5. Plaintiff Erly H. Hernandez's termination is a breach of the implied contract of employment as aforesaid constituting wrongful termination.

Attached to the complaint as Exhibit A was page 9 from Toys "R" Us's Logistics Division Policies and Procedures Manual governing peer review. The page described peer review as "an internal problem-solving procedure that ensures that Associate concerns are reviewed and are fairly and quickly resolved." In a section entitled "How does Peer Review Work," the manual stated:

Step 1:

Use the existing open door policy and discuss your concern with your Manager within 7 calendar days of the event: It is hoped that open communication will resolve your concern. If you are ...


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