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HERWEYER v. CLARK HIGHWAY SERVICES, INC.

Docket No. 103802, Calendar No. 3.

564 N.W.2d 857 (1997)

455 Mich. 14

Jack HERWEYER, Plaintiff-Appellant, v. CLARK HIGHWAY SERVICES, INC., a Michigan corporation, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 8, 1997.

Attorney(s) appearing for the Case

Bott & Spencer, P.C. by Timothy J. Bott, Muskegon, for plaintiff-appellant.

Warner, Norcross & Judd by Douglas E. Wagner, Robert J. Chovanec, and Melvin G. Moseley, Jr., Grand Rapids, for defendant-appellee.

David A. Kotzian, Kenneth Watkins, Southfield, and Jan C. Leventer, Southfield, amicus curiae, for Wolverine Bar Association.

Stark & Gordon by Sheldon J. Stark and Carol A. Laughbaum, Royal Oak, amicus curiae, for Michigan Trial Lawyers Association, American Civil Liberties Union of Michigan, Michigan State AFL-CIO, and International Union UAW.

Amberg, McNenly, Zuschlag, Firestone & Lee, P.C. by Joseph H. Firestone, Southfield, amicus curiae, for Michigan Education Association.

Opinion

MARILYN J. KELLY, Justice.

In this wrongful termination case, the single issue is what limitation period for filing suit is appropriate where the period written into the employment contract is unreasonably short. Defendant, Clark Highway Services, Inc., asks that we interpret a saving clause in the contract to allow the courts to establish the period. The interpretation would require legal action be brought by a date earlier than that set by the...

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