Khalifa v. Henry Ford Hospital

401 N.W.2d 884, 156 Mich. App. 485, 1986 Mich. App. LEXIS 3063
CourtMichigan Court of Appeals
DecidedDecember 2, 1986
DocketDocket 84582
StatusPublished
Cited by14 cases

This text of 401 N.W.2d 884 (Khalifa v. Henry Ford Hospital) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Khalifa v. Henry Ford Hospital, 401 N.W.2d 884, 156 Mich. App. 485, 1986 Mich. App. LEXIS 3063 (Mich. Ct. App. 1986).

Opinions

T. Gillespie, J.

Defendants appeal, by leave granted, from two parts of an order of Wayne Circuit Judge Charles S. Farmer, dated April 18, 1985.

The suit brought by the plaintiff alleges as one count a breach of employment contract. The defendants moved for summary disposition pursuant to MCR 2.116(C)(7), alleging the claim to have been barred by reason of a prior judgment.

The basis for that portion of the motion was that plaintiff had availed himself of the full grievance procedure through the hospital’s grievance council and judgment was rendered against him.

The second portion of the motion was that plain[488]*488tiff had failed to state a claim upon which relief could be granted. MCR 2.116(C)(8).

The third ground, under MCR 2.116(0(10), was that plaintiff had not raised a genuine issue of material fact.

Judge Farmer denied this motion, subject to a right to refile if the Michigan Supreme Court decided favorably to defendants’ position in the case of Fulghum v United Parcel Service, Inc, 130 Mich App 375; 343 NW2d 559 (1983). Fulghum was affirmed in 424 Mich 89; 378 NW2d 472 (1985).

The defendants’ second motion for summary disposition was as to a claim of intentional infliction of emotional distress during plaintiff’s employment. This motion was likewise denied.

The defendants’ third motion was for summary disposition of plaintiff’s claim for defamation. This motion was granted. Judge Farmer cited as his basis therefor MCL 600.5805(7); MSA 27A.5805(7), now MCL 600.5805(8); MSA 27A.5805(8), the three-year statute of limitation.

We reverse as to plaintiff’s claim of breach of employment contract and intentional infliction of emotional distress and affirm as to summary disposition of the defamation claim.

PACTS

Plaintiff, Ahmed A. Khalifa, was born in Egypt. He received Bachelors and Masters Degree in biochemistry in that country. He received a Ph.D. in physiology at Wayne State University.

He was hired in August, 1979, by Henry Ford Hospital, which is a private, nonprofit health care facility. He was hired as a research coordinator in the nephrology department research laboratory. His immediate supervisor was defendant Pedro Cortes, M.D.

[489]*489Khalifa was assigned to direct, supervise and schedule research activities on a new diabetes research project.

By February, 1981, personal problems developed between the plaintiff and Dr. Cortes. Dr. Cortes requested plaintiff to meet with him to discuss assignment progress. Khalifa refused to go because he alleged that the last time he was so summoned he was "harassed and yelled at.” The failure to meet with Dr. Cortes resulted in a disciplinary report.

On March 15, 1981, Khalifa was given a written warning because of poor progress in attainment of work objectives. This was met with a strong rebuttal that: (a) he was denied necessary materials for his work; (b) he was locked out of his laboratory to prevent him from proceeding with his work; (c) he was sabotaged by Dr. Cortes, who not only denied him materials, but assigned him to routine testing work; (d) he was assigned to dangerous work involving carcinogenic materials without recommended safety equipment; (e) Dr. Cortes falsely accused him of being affected with an undefined physical and mental condition; and (f) the purpose of his hire was altered to create the impression he was not performing his work and to eliminate competition with a project run by Dr. Cortes.

Khalifa’s complaints about toxicity and ventilation in the laboratory were investigated and, while it was determined that the lab was safe, he was told that he should not work with acetonitrile, a chemical needed for the research.

Khalifa was then transferred to a laboratory in the basement of the nephrology laboratory. He refused to report. His rebuttal was that he was being placed under the supervision of a lab technician with a high school education knowing that he [490]*490would not accept such professional humiliation and that Cortes would be in a position to fire him.

After being given verbal and written communications to report to the new assignment, Khalifa was given a three-day suspension when he refused.

On April 24, 1981, Khalifa’s employment was terminated for insubordination because upon return from his suspension he still refused to work at the new assignment, despite being warned that refusal would result in termination for insubordination.

At the time of plaintiff’s dismissal, the hospital had in effect personnel policies governing the conduct, work performance and discipline of its employees. These policies and procedures are contained in the hospital’s employee handbook which was distributed to all employees. The hospital also had a four-step grievance procedure for resolving the complaints of employees who had been disciplined. This procedure was set forth both in the employee handbook and the hfh (Henry Ford Hospital) Grievance Guide which was also distributed to all employees.

Under the grievance procedure, the grievance is first reviewed by the employee’s supervisor, then the employee’s department head, and then a representative of the hospital’s personnel department. The grievance procedure culminates in a Step Four hearing before the Henry Ford Hospital Employee Grievance Council, which is comprised solely of nonsupervisory employees. No person who has made the initial decision to discipline or terminate the employee participates in the decision-making process of the council.

The Employee Grievance Council has the authority to uphold, overturn or modify the disciplinary action taken by the hospital. It also has the authority to reinstate discharged employees and to [491]*491award full or partial back pay. Employees campaign for seats on the Employee Grievance Council and are elected by employees such as plaintiff, for staggered two-year terms. The policies governing the grievance procedure provide that the decision of the Employee Grievance Council is final and binding.

On April 22, 1981, plaintiff filed a grievance concerning the written warnings he received. The grievance covered myriad complaints against Dr. Cortes. Plaintiff was provided with a written, self-explanatory response to the grievance by Dr. Cortes.

Plaintiff appealed the grievance to Step Three of the grievance procedure where Gerard Guinane, the representative from the personnel office, upheld the written warnings with the recommendation that the substance of both warnings be consolidated into one warning. He also upheld the three-day suspension.

Plaintiff, after being dismissed, filed an additional grievance. Dr. Cortes again responded in writing. After investigating this grievance, Mr. Guinane also upheld the termination.

Plaintiff appealed the decisions relative to his grievance to the Employee Grievance Council. A hearing before the council was held on July 14, 1981, at which time plaintiff explained his position and offered evidence on his behalf. Dr. Cortes also appeared and testified. The nine-employee member grievance council voted 7 to 2 in the hospital’s favor, finding that "[t]he hospital was justified in issuing three written warnings which consequently resulted in his termination.”

On November 16, 1982, plaintiff filed a complaint in Wayne Circuit Court.

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Khalifa v. Henry Ford Hospital
401 N.W.2d 884 (Michigan Court of Appeals, 1986)

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Bluebook (online)
401 N.W.2d 884, 156 Mich. App. 485, 1986 Mich. App. LEXIS 3063, Counsel Stack Legal Research, https://law.counselstack.com/opinion/khalifa-v-henry-ford-hospital-michctapp-1986.