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Leonard Vander Toorn v. City Grand Rapids

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eBook details

  • Title: Leonard Vander Toorn v. City Grand Rapids
  • Author : Court of Appeals of Michigan
  • Release Date : January 05, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 67 KB

Description

This case arises from plaintiff's discharge from his position as building maintenance supervisor at the Blandford Nature Center, which is part of the Grand Rapids Public Museum. Plaintiff was a non-union, non-civil service employee of defendant City of Grand Rapids and his immediate supervisor was defendant Mary Jane Dockeray, Director of Blandford Nature Center. Plaintiff appeals as of right from an order of the circuit court dismissing all counts of his amended complaint. We reverse. One of the counts alleged in plaintiff's amended complaint was that of breach of contract by defendant city in wrongfully terminating plaintiff without just cause, in contravention of defendant city's ""Employee Handbook"", which provides that, upon ""successfully completing the probationary period, you may be discharged or demoted only for cause"". This claim of plaintiff is based on Toussaint v Blue Cross & Blue Shield of Michigan, 408 Mich 579; 292 NW2d 880 (1980). In addition to defendant city's ""Employee Handbook"", the museum had its own handbook entitled ""Museum Staff Handbook"", which set forth a review and appeal procedure under which an employee ""who believes he has received inequitable treatment"" could seek relief. Upon receiving notice of his discharge, plaintiff invoked this procedure. ""Step 1"" of the procedure involved Discussion with his immediate supervisor, and ""Step 2"" involved review by the museum director; both steps were resolved unfavorably to plaintiff, finding that his termination was based on just cause. Plaintiff then invoked ""Step 3"" of the procedure, which is described in the ""Museum Staff Handbook"" as follows:


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