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Health Call of Detroit v. Atrium Home & Health Care Services9/8/2005
tiff's business relationship with Williams, which relationship was necessarily premised on the home nursing contract.
In Feaheny, supra at 302-304, this Court discussed at-will employment contracts in the context of tortious interference claims:
The next question we must resolve is whether there can be interference with an employment contract that is terminable at will. We answer this question in the affirmative.
At-will employment contracts have posed some analytical difficulties in tortious interference cases, particularly where an employee seeks damages caused by his discharge. When viewed under the tortious interference cause of action requiring a breach of contract, the courts have held that a discharge from employment is an insufficient basis upon which to establish the claim since no breach arises from the termination. On the other hand, when viewed as a subsisting relationship that is of value to the employee and will presumably continue in effect absent wrongful interference by a third party, the majority opinion in Tash v Houston, 74 Mich App 566, 569-570; 254 NW2d 579 (1977), . . . held that an at-will contract is the proper subject of an actionable tortious interference claim. Under this view, the employee has a manifest interest in the freedom of the employer to exercise his or her judgment without illegal interference or compulsion and it is the unjustified interference by third persons that is actionable.
4 Restatement Torts, 2d, ยง 766, comment (g), pp 10-11, similarly takes the position that an at-will contract can be improperly interfered with, but that the fact that the contract is terminable at will makes it closely analogous to interference with prospective contractual relations claims and is a factor to be taken into account in determining damages. . . .
We agree with the rationale of the Restatement and Tash and, therefore, hold that an at-will employment contract is actionable under a tortious interference theory of liability. . . . Since we are here faced only with a question of defendants' liability, we express no view on what damages, if any, plaintiff could recover for tortious interference with the contract. We hold only that tortious interference with an at-will contract is actionable. The basis of our holding is that an at-will employee who enjoys the confidence of his or her employer has the right to expect that a third party will not wrongfully undermine the existing favorable relationship. [Citations omitted.]
Likewise, plaintiff here had a manifest interest and expectation in Williams's freedom and ability to exercise her judgment and continue the contractual-business relationship with plaintiff for the care of her infant without plaintiff and the relationship being undermined by defendants' wrongful interference. Of course, questions of wrongful interference and liability, which are not issues in this appeal, must be established. There is no dispute that tortious interference with an at-will contract is actionable and, if established, provides a basis to award damages in some form. This brings us to Environair.
In Environair, the plaintiff represented manufacturers of various products and components for commercial buildings, and Greenheck Fan Corporation ("Greenheck") appointed the plaintiff, Environair, as its exclusive sales agent pursuant to a written sales agreement. The agreement was terminable at will by either party following thirty days' notice. Subsequently, a dispute arose between Environair and the defendant Steelcase regarding the amount owing to Environair on a Steelcase construction project in which Environair was a subcontractor. Environair alleged that when it and Steelcase cou
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