Opinion
No. 333945
11-21-2017
SCOTT STEFFY, Plaintiff-Appellee, v. THE BOARD OF HOSPITAL MANAGERS OF HURLEY MEDICAL CENTER, also known as HURLEY HOSPITAL, also known as HURLEY MEDICAL CENTER, STEVE SITAR, and CLIFF HOOKER, Defendant-Appellants.
UNPUBLISHED Genesee Circuit Court
LC No. 15-104946-CZ Before: BECKERING, P.J., and O'BRIEN and CAMERON, JJ. BECKERING, P.J. (concurring).
I concur in result only. I note that there is no published opinion in Michigan that concludes that the public policy exception for wrongful discharge claims arises only in at-will employment relationships. And plaintiff makes a good argument that the tort of discharge in violation of public policy should be available to all employees, regardless of their contractual status, as it differs in both scope and sanction from a breach of contract action for termination in violation of a just cause employment contract (or a collective bargaining agreement). But because plaintiff has failed to provide evidence of a public policy violation here, defendants are entitled to summary disposition.
Several state supreme courts have come to this same conclusion. See, for example, Smith v Bates Technical College, 139 Wash 2d 793; 991 P2d 1135 (2000); Retherford v AT &T Commc'ns of the Mountain States, 844 P2d 949 (Utah 1992); LePore v National Tool & Mfg Co, 115 NJ 226; 557 A2d 1371 (1989); and Midgett v Sacket-Chicago, Inc, 105 Ill2d 143; 473 NE2d 1280 (1984). --------
/s/ Jane M. Beckering