STATE OF MICHIGAN
COURT OF APPEALS
BASTIAN BROTHERS, INC., BENTLEY &
ASSOCIATES, INC., VALLEY LITHOPLATE
CORPORATION, JOHN R. WAUGH, JEFFREY
M. WAUGH, JOHN F. WAUGH, and ELNOR
August 30, 2007
Saginaw Circuit Court
LC No. 03-050378-CZ
Official Reported Version
Before: Smolenski, P.J., and Saad and Wilder, JJ.
SAAD, J. (concurring in part and dissenting in part).
I concur with the majority regarding all issues except its holding regarding the
enforceability of the noncompetition agreement. Because defendants failed to preserve this
issue, I would hold that defendants waived their claim concerning the noncompetition agreement.
However, inasmuch as the majority addresses this issue despite defendants' waiver, I write
separately because I disagree with the majority's holding that the noncompetition provision is
enforceable. Because defendants breached the just-cause provision of the employment
agreement, I would hold that the plaintiff is not bound by the noncompetition provision of the
employment agreement. The employer should not be allowed to wrongfully terminate plaintiffs'
employment and then gain by this wrongful conduct the advantage of preventing the wrongfully
discharged employee from securing employment, in her field, with defendants' competitor.
/s/ Henry William Saad