Donald Maushund v. Earl C. Smith, Inc.

This action was originally commenced by plaintiff Donald Maushund in Michigan’s state courts. Maushund claimed that his discharge as a part-time truck driver employed by defendant Earl C. Smith, Inc., breached an oral contract which he alleged to have with that company not to discharge him without cause. In this respect, Maush-und claimed rights and sought damages in reliance upon Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980). Because the complaint also alleged the existence of a collective bargaining agreement between the employer and the Teamsters…