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Essay / Michigan Court Case: Charles Toussaint v. BlueCross...
In 1980, precedent was set in a Michigan court case involving a man named Charles Toussaint who sued his employer, BlueCross Blue Shield, for wrongful termination based on the guidelines set out in the employee handbook (Alfred and Bertsche 33). The handbook stated that employees would only be terminated for cause, and the court ruled that Blue Cross had violated the agreements contained in the employee handbook (34). The court also ruled that despite Blue Cross' efforts to provide a document "setting forth non-binding guidelines," the employee handbook was a contract and Toussiant was unfairly terminated (34). After the precedent set by this case, many employers and employees were reviewing their employee handbooks for the type of ambiguous language that could allow them to be sued or sued. As a result, a slew of wrongful termination lawsuits followed this one, which is why it is now important for employers to draft their handbooks with experienced legal staff. Even with the best legal team and perfect wording, there is still no definitive guarantee that an employer will be completely protected from such lawsuits, but taking these preventative measures helps in the long run. Employee handbooks are an important document for both employees and employers. This document provides basic information that a company may want to convey to new employees and serves as a reminder to returning employees. It is a general rule that all businesses with fifteen or more full-time or part-time employees should have an employee handbook (Pestronk). Once a company has met the minimum requirement of fifteen employees, "it becomes subject to the equal employment opportunity provisions of the federal civil rights laws", and therefore middle of paper. ..... employees who are under contract based on their employment status, it might be suggested that Gentilly Physical Therapy, Inc. create a section dedicated to licensed professional contract workers. Adding this section will help the company cover itself in the event of a lawsuit by outlining specific guidelines for these types of employees. Since the employee handbook for Gentilly Physical Therapy is complete and well-written, except for a few minor issues, it does not need much revision. However, it appears to have been written some time ago and could use some minor updates to reflect some current issues such as the use of technology and social media during work hours. But as a former employee of Gentilly Physical Therapy, Inc. and as knowledgeable about the industry as I am, I don't think these updates are urgent when they will eventually need to be addressed..