STATE OF MICHIGAN
COURT OF APPEALS
A COMPLETE HOME CARE AGENCY, INC.,
June 29, 2004
Macomb Circuit Court
THERESA GUTIERREZ and ATRIUM HOME
AND HEALTH CARE SERVICES, INC.,
Murphy, P.J., and Jansen and Cooper, JJ.
Plaintiff A Complete Home Care Agency, Inc., appeals as of right the order granting
defendants Theresa Gutierrez and Atrium Home and Health Care Services, Inc.’s (“Atrium”),
motion for summary disposition regarding plaintiff’s claims of breach of covenant not to
compete and tortious interference with contractual relations pursuant to MCR 2.116(C)(10).
Ms. Gutierrez began working for plaintiff in September of 2000, and additionally began
working for Atrium on a part-time basis in July of 2001.
As a condition of her employment with
plaintiff, Ms. Gutierrez signed a covenant not to compete.
Through her work for plaintiff, Ms.
The covenant was part of plaintiff’s employment contracts and also appeared on employee time
I AGREE AND UNDERSTAND THAT I WILL NOT PERFORM ANY
SERVICES FOR THE CLIENT DIRECTLY, OR INDIRECTLY, THROUGH
ANOTHER AGENCY, INDIVIDUAL,
ENTITY OTHER THAN “A
COMPLETE HOME CARE” AGENCY, FOR A PERIOD OF SIX (6) MONTHS
AFTER THE LAST DAY WORKED ON ANY OF YOUR ASSIGNMENTS.
[Opinion and Order, January 9, 2003, p 3.]