Michigan Sample Noncompetition and Nonsolicitation Agreement

State:
Multi-State
Control #:
US-C-9200
Format:
Word; 
Rich Text
Instant download

Description

This non-compete and non-solicitation agreement has been entered into by a corporation and an employee. The employee agrees not to become employed by, or enter into any similar agreement as a director, employee, independent contractor, consultant, agent or partner with another corporation similar to the one identified within the agreement during the closing of a twenty-four month recapitalization venture.
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FAQ

I agree that during the Non-Compete Period, I will not directly or indirectly (i) induce or attempt to induce any employee, contractor or agent of any of the Companies to terminate his/her relationship with any of the Companies, (ii) in any way materially interfere with the relationship between any of the Companies and

In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.

Typically, the only way to fight a non-compete agreement is to go to court. If you are an employee (or former employee) who signed such an agreement, this means you must violate the agreement and wait to be sued. It may be that your former employer has never sued another employee to enforce the non-compete agreement.

Michigan courts will enforce noncompetes that are reasonable. Just what is reasonable is a matter of balancing the employer's business interest against the right of the employee to work and earn a living in his or her trade.

However, courts have generally followed the rule that one year is reasonable, three years is rarely reasonable, and two years is dependent on the facts. Courts have, however, upheld agreements for durations longer than three years.

A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.

After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.

In Michigan, non-compete agreements are enforceable to a limit. The Michigan Antitrust Reform Act (MARA) limits these agreements to factors of reasonableness.

You Can Void a Non-Compete by Proving Its Terms Go Too Far or Last Too Long. Whether a non-compete is unenforceable because it covers too large of a geographical area or it lasts too long can depend on many factors. Enforceability can depend on your industry, skills, location, etc.

More info

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Michigan Sample Noncompetition and Nonsolicitation Agreement