Terry Elsey v. Burger King Corporation

RALPH B. GUY, Jr., Circuit Judge.

In this diversity action governed by Michigan law, plaintiff Terry Elsey appeals from the entry of summary judgment in favor of defendant Burger King Corporation (Burger King) on the plaintiff’s breach of employment contract claim. Because we agree with the district court that the plaintiff was an at-will employee unprotected by an implied contract of employment under Toussaint v. Blue Cross & Blue Shield of Michigan, 408 Mich. 579, 292 N.W.2d 880 (1980), we affirm.

I

Terry Elsey began his employment with Burger King on January 24, 1979, and remained with the…