QUESTION
Has precedence been set because the salon has not gone after her?
Asked on Jan 25th, 2016 on Labor and Employment - Michigan
More details to this question:
Both a friend and I work for a hair salon, multiunit and both have signed a non-compete. Friend left to work for herself and the salon did not go after her. I would like to do the same. Can they pick and choose who they go after?
2 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you each have separate and distinct contracts. They do not have to go after everyone, only those they choose to.
Answered on Feb 22nd, 2016 at 9:39 AM
General Practice Attorney serving Bingham Farms, MI
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The Niskar Law Firm PLLC
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It is my opinion that, technically, the salon can choose which individuals against whom it wishes to enforce a non-compete agreement (provided that the agreement is enforceable in the first place). However, there could be situations in which the salon's failure to enforce the agreement against one person can be used to the benefit of a person against whom the salon seeks to enforce the agreement.
Answered on Feb 22nd, 2016 at 8:35 AM