Contract Law – Governmental Employment – Governmental Immunity Law

A governmental employee brought breach of contract claims and unjust enrichment claims against his employer, Genesee County, relating to fringe benefits and Blue Cross refunds of premium dollars to the employer, rather than to the employee. The employer moved for summary disposition, arguing that the “unjust enrichment” claims were barred by the governmental immunity statute. The court of appeals rejected the employer’s argument, holding that “unjust enrichment” claims sound in contract law, rather than in tort law. Thus, governmental tort immunity did not bar the employee’s unjust enrichment claims.

The published decision is Genesee County Drain Commissioner and Wright v Genesee County, Court of Appeals 331023 decided August 22, 2017.

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About the Author

Mr. Zelenock grew up in Ann Arbor, Michigan, and earned a B.A. in history from the University of Michigan. He graduated from the Indiana University Maurer School of Law in 1998, and has practiced law in Traverse City since 1998.
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