QUESTION

Is the non-compete agreement legal? How?

Asked on Aug 20th, 2015 on Labor and Employment - Michigan
More details to this question:
I'm a former employee and was recently released from a small business, my employer had me sign a no compete statement saying "I wouldn't go into business in the same trade for 365 consecutive days upon termination of employment." Are there any legalities that could happen to me if I did go into the same trade and can something like this be legal if it is only a single statement? Mind you, I was never given a copy of that written statement either.
Report Abuse

3 ANSWERS

Litigation Attorney serving Monona, WI at Fox & Fox, S.C.
Update Your Profile
Make a written request to obtain the non-compete statement/agreement and contact an attorney.
Answered on Aug 21st, 2015 at 12:09 AM

Report Abuse
In GA, no one can render an opinion on a non-compete clause without reading the entire agreement, start to end. The law changed about 10 years ago. The answer was simple back then: The agreement is valid as to the time - 1 year was the old max. But, under the new law, the entire agreement must be reviewed. The geographic area is also a consideration. If you are 2,000 miles away, are you competing? If you are just down the road, it would not be permitted. It is unfortunate you never received a copy, but that does not make the agreement unenforceable. If it is a valid, legal contract, the employer can get a restraining order against you, make you pay for his lawyer, and recover any lost sales due to your competition. If it is valid, be careful. If you are not in GA, you should resubmit your question, identify your state, and ignore the above answer. This is one area where the law varies widely from state to state. It is likely the law in your state is different, and the answer is different.
Answered on Aug 20th, 2015 at 1:49 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
If you go into direct competition against a corporation which you have agreed to a noncompete, which is reasonable and it's length and scope, you are subject to being sued and enjoined from further competitive activity during the period which you agreed upon. Generally I would suggest you buy a limited amount of attorney time to determine whether or not the noncompete agreement would be reasonable and enforceable under the circumstances you are presently in.
Answered on Aug 20th, 2015 at 1:09 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters