If you are invited to sign a non-compete agreement, leave a business and ask what restrictions an employer can legally impose, or if you have been threatened with a competition secrecy or trade secret measure, contact a lawyer immediately. NachtLaw`s lawyers can help you through a difficult transition while avoiding damage to your career. Contact us today to agree on a confidential consultation. Michigan courts will enforce competition bans that are “reasonable.” It is only a question of balancing the commercial interests of the employer with the worker`s right to work and earn a living in his profession. Under Michigan law, where a non-compete clause is challenged in court and parts of it are deemed appropriate, while other parties are deemed inappropriate, the court has the power to limit inappropriate parts of the agreement to make them enforceable. The Court of Appeal accepted the court`s decision. The Court recognized that, although the Michigan courts upheld language similar to the reasonable prohibition on working with another company offering the same product or services as a former employer, the present case was different in that the post-employment restriction was indeed broader than the non-compete agreements previously imposed. But these types of agreements have been attacked by different organizations in recent years. The courts seem to equate “reasonably” with a balance between the employer`s business interests and the worker`s right to work in his profession and earn a living. As a general rule, four factors must be considered in determining the adequacy of a non-compete clause in Michigan, and courts can be extremely critical when it comes to imposing a non-competition clause under one of these four criteria: non-competition prohibitions are generally strongly in favour of an employer. Ideally, it is best to take steps before signing a non-competition agreement to ensure that it is on a more uniform keel. But even after signing a competition, you may have legal opportunities that can help you practice your chosen profession more freely. To return to President Lincoln, this decision should be a wake-up call for employers to tighten their employment contracts, i.e.
they carefully review and (probably) update their non-compete agreements.