Legal Question in Legal Ethics in Michigan

Can a company be sued for failure to follow its own rules and guidelines and as a result, I lost out on an opportunity? If so what sort of breach will this be?


Asked on 11/18/10, 6:51 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You can sue anybody, including corporations, the question is whether or not you will collect.

You will have to prove:

1. That the company rule or guideline provided an opportunity that is a constitutionally protected right; and/or

2. That you were the intended beneficiary of that right; and

3. That but for the company's intentional or negligent failure to provide that right, you were deprived. This means you must also prove that you would have been successful after receiving the opportunity; and

4. That you were damaged. This means that you must be able to qualify and quantify your damages; and

5. That your damage was a foreseeable and proximate result of the company's negligent or intentional acts.

4. If you had a contract that spelled out the company's duty to you, then it is a breach of contract.

Your question is so vague that it is impossible to determine if there may be some other employment law that could be violated, but in Michigan, generally, everyone is an employee at will, except for teachers and government workers. This means that most employees can be fired without cause.

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Answered on 11/24/10, 4:57 am


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