CASENOTE: MASTER AND SERVANT - Judgment - To Survive A Motion For Summary Disposition, An Employee Must Establish That The Employer's Proffered Reason For Termination Was A Pretext To Discrimination. Lytle v. Malady, 566 N.W.2d 582 (Mich. 1997). Skip over navigation
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Copyright (c) 1998 University of Detroit Mercy Law Review
University of Detroit Mercy Law Review

CASENOTE: MASTER AND SERVANT - Judgment - To Survive A Motion For Summary Disposition, An Employee Must Establish That The Employer's Proffered Reason For Termination Was A Pretext To Discrimination. Lytle v. Malady, 566 N.W.2d 582 (Mich. 1997).

Summer, 1998

75 U. Det. Mercy L. Rev. 761

Author

Valerie S. Rup
 

Excerpt



I.
 
Introduction
 
On January 29, 1973, Nancy Lytle was hired as a general clerk for the human resources department of Howmet Turbine Components Corporation (Howmet). 1 Upon commencing her employment, Lytle was issued an employee manual stating that no employee would be terminated without proper cause. 2 In 1981, Howmet revised its employee manual by adding a disclaimer establishing an at-will employment policy to justify termination without cause. 3 Howmet implemented its policy revision by inserting the disclaimer in new employee manuals. 4 Although Lytle was responsible for inserting the disclaimer into new employee manuals, she was not specifically issued the revision. 5

Throughout the course of her employment, Lytle received exemplary performance evaluations and assurances of continued employment from her supervisor, John Ozar (Ozar). 6 In 1979, Ozar promoted Lytle to the position of employment manager. 7 As part of Lytle's new duties, she trained Walter Boczkaja (Boczkaja), who remained her subordinate until 1989. 8

Ozar retired and was replaced by William Roof (Roof) during the 1984-85 fiscal year. 9 Subsequently, Roof decentralized the human resources department and hired Michael Malady (Malady) to head the Whitehall Machine Products Division of Howmet's Ti-Ingot Division. 10 Lytle was then reassigned to the Ti-Ingot Division where Malady became her supervisor. 11

In June of 1987, a personality conflict developed between Lytle and Malady. 12 Lytle's subsequent employment evaluation noted a decline in performance. 13 In January of 1989, Lytle's job title was changed from human resources representative to human resources ...
 
 
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