[DOWNLOAD] "Boynton V. Trw Inc." by United States Court Of Appeals For The Sixth Circuit " Book PDF Kindle ePub Free
eBook details
- Title: Boynton V. Trw Inc.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 06, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
This wrongful discharge diversity action raises a significant question concerning the scope of Toussaint v. Blue Cross and Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980), a case in which Michigan's Supreme Court narrowed the traditional common law employment-at-will doctrine by holding "that an employer's expressed agreement to terminate only for cause, or statements of company policy and procedure to that effect, can give rise to rights enforceable in contract." Toussaint, 408 Mich. at 610. Richard Boynton, a former TRW salesman, was terminated by TRW in 1980 when his sales position was eliminated as a result of adverse economic conditions in the automobile industry. The specific issue raised by TRW in this appeal is whether the discharge of an employee retained under a "just cause employment contract," concededly motivated solely by an economically mandated reduction in force, is subject to judicial review under the just cause analysis of Toussaint and its progeny. We conclude that Michigan's courts have never held the Toussaint doctrine of just cause applicable to layoffs arising out of an economically mandated reduction in force. Consequently, we hold that the district court erred in denying TRW's motion for a judgment not-withstanding the verdict.