Dyer v. Dep't of State Police

3 Citing cases

  1. Bullock v. Automobile Club

    432 Mich. 472 (Mich. 1989)   Cited 33 times
    Explaining Certified Question

    Our lower courts, whose experience with Toussaint-based claims is extensive, have shown understandable reluctance to extend Toussaint beyond wrongful discharge disputes. For example, see Dyer v Dep't of State Police, 119 Mich. App. 121; 326 N.W.2d 447 (1982) (rejecting the plaintiffs' claim that department policy and practice had given rise to a contractual right to nonduty use of state vehicles, on the basis that rights and duties of the parties relative to vehicle use were not regulated by implications), and Engquist v Livingston Co, 139 Mich. App. 280; 361 N.W.2d 794 (1984) (rejecting the plaintiff's claim that a fourteen-year history of step increases had given rise to a Toussaint-based entitlement to step increases). Even if it can be said that policy considerations were sufficient to justify the Toussaint intervention to protect job security, it is difficult to imagine the scope of difficulties and mischief that would be encountered if Toussaint were to be extended beyond wrongful discharge into every facet of the employment relationship.

  2. Kroon-Harris v. Michigan

    267 Mich. App. 353 (Mich. Ct. App. 2005)   Cited 4 times

    Here, plaintiff is not seeking reinstatement in her job, but instead is attempting to enforce a contract of insurance. Moreover, in two additional cases cited by defendant, Engquist v. Livingston Co, 139 Mich App 280, 283-284; 361 NW2d 794 (1984), and Dyer v. Dep't of State Police, 119 Mich App 121, 125-126; 326 NW2d 447 (1982), panels of this Court distinguished Toussaint v. Blue Cross Blue Shield of Michigan, 408 Mich 579; 292 NW2d 880 (1980), and concluded that state employees had no contractual rights based on long-term policies or practices that their employers had earlier followed. In the present case, plaintiff is not claiming a breach of contract based on a longstanding policy or practice but is focusing on a specific insurance policy for which she gave consideration in the form of premium payments.

  3. Anton v. SBC Global Services, Inc.

    350 F. App'x 39 (6th Cir. 2009)   Cited 3 times
    Explaining that the jury permissibly applied an objective test, examining the words and conduct of the parties, to interpret a sales-commissions contract

    Thus, it was reasonable for a jury to conclude that Snipes understood that SBC's review of large sales was to check for errors in the calculations of commissions — not to give SBC discretion to reduce the commissions. SBC cites Dyer v. Michigan Department of State Police, 119 Mich.App. 121, 326 N.W.2d 447 (1982), for the proposition that no implied right is created based on custom where there is a conflicting express policy of the employer. In Dyer, the question was whether police officers could use work vehicles for personal use since they had been allowed to in the past even though an express policy prohibited such use.