Opinion
SC 164750 COA: 357342
04-18-2023
Kent CC: 20-003233-CZ
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices.
ORDER
On order of the Court, the application for leave to appeal the July 21, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether Timko v Oakwood Custom Coating, Inc, 244 Mich.App. 234 (2001), correctly held that limitations clauses in employment applications are part of the binding employment contract; and (2) whether contractual limitations clauses that restrict retaliation claims under the Michigan Worker's Disability Compensation Act, MCL 418.101 et seq., violate public policy.
The Business Law Section and Labor and Employment Section of the State Bar of Michigan, the Michigan Association for Justice, the Michigan Chamber of Commerce, and the Michigan Defense Trial Counsel, Inc. are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.