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- Title
Employee Handbook Did Not Create Binding Arbitration Agreement.
- Authors
Zuckerman, Susan
- Abstract
The article analyses the Supreme Court of Michigan's decision in the case titled "Heurtebise v. Reliable Business Computers Inc." The Court recently held that an arbitration clause in an employee handbook, among other things, expressly stated that it did not create an employment or personal contract as not enforceable. This decision reverses a previous decision of the Michigan Court of Appeals. The plaintiff, Theresa Heurtebise, sued Reliable Business Computers alleging discriminatory discharge in violation of the Michigan civil rights statute. Reliable's employee handbook, which the plaintiff acknowledged, in writing, having received and agreed to abide by, contained an internal review mechanism for disputes with respect to dismissals and also contained an arbitration clause. Reversing the trial court, the Michigan Court of Appeals found the arbitration clause was enforceable. On further appeal, the Michigan Supreme Court reversed, holding that the 71-page handbook at issue did not create an enforceable contract, and therefore the plaintiffs discriminatory discharge claims did not have to be arbitrated.
- Subjects
MICHIGAN; MICHIGAN. Supreme Court; EMPLOYEE handbooks; BCL Computers Inc.; RELIABLE Business Computers Inc.; HEURTEBISE, Theresa
- Publication
Dispute Resolution Journal, 1996, Vol 51, Issue 4, p90
- ISSN
1074-8105
- Publication type
Article