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Truchan v. Condumex6/21/2002
stating:
SEVERANCE PAY
I. PURPOSE
To financially assist a permanently laid-off associate during his/her search for new employment.
II. SCOPE
This policy applies to all regular full-time associates of Condumex, Incorporated.
III. POLICY
Economic conditions, changes in technology or other unforeseen circumstances may require adjustments in staff levels by means of a personnel reduction in work force (lay-off). In the event of a reduction in work force, the Company will provide severance pay based on the associates position level and length of service at the time of separation.
A. Management and supervisors. Two (2) weeks for each year of employment.
B. All other associates. One (1) week for each year of employment.
However, in moving for summary disposition pursuant to MCR 2.116(C)(8) and (10), as well as in its answer to the complaint, Condumex argued that plaintiffs did not have any contractual rights stemming from this policy because the handbook also provided:
NOTICE PLEASE NOTE THE FOLLOWING IMPORTANT INFORMATION:
This Associate Handbook includes policies and procedures applicable to you. It does not contain all the rules and regulations which apply, but is merely intended as a guide to govern the working relationship between you and the Company. This Handbook is subject to interpretation and application at the sole discretion of the Company, including the right of management, where it deems appropriate, not to follow this Handbook.
Condumex, Incorporated reserves the right to modify, eliminate or add to any rule, policy or benefit contained in this Handbook at any time, with or without prior notice. This Handbook is not intended as a statement of your rights, and nothing in this Handbook is to be construed as a contract for employment for any specified or definite period of time. This Handbook does not guarantee benefits, working conditions, or privileges of employment.
No manager, supervisor or representative of Condumex, Incorporated, other than the General Manager of our Livonia and Laredo operations, or the General Manager of our Arlington operations, has the authority to enter into any agreement of employment or to make any agreement contrary to the information set forth in this Handbook. Any such agreement must be in writing and signed by the General manager of our Livonia and Laredo operations, or the General Manager of our Arlington operations, and yourself and the Human Resources Manager.
Any prior understandings or agreements regarding employment status or Company policies or procedures will be considered to be superseded by this Handbook.
Even if plaintiffs did have contractual rights under the severance policy, Condumex argued, the relocation to Texas was not a layoff, as evidenced by the numerous expression of the company's desire to have all employees move to Texas and the communications indicating that the employees who did not elect to move to Texas would be ending their employment voluntarily. Thus, the severance policy, which applied to layoffs, did not apply to plaintiffs, Condumex asserted. Alternatively, Condumex contended that the policy did not apply because the " conomic conditions, changes in technology or other unforeseen circumstances" noted in the severance policy were conditions precedent that did not occur. Though not directly relevant to any alleged breach of contract, Condumex also went to great lengths to emphasize that some of the plaintiffs traveled to Texas at company expense to see the area even though they were relatively certain that they would not
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