Michigan Clauses Relating to Venture Opportunities, competition
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FAQ
Non-competition clauses in Michigan Michigan lands somewhere in the middle ? non-competes are legal and enforceable, though they must be: (1) narrowly drawn; (2) to protect a reasonable business interest; and (3) be reasonable in their duration, geographical area, and type of business, as defined by MCL 445.774a.
Covenants not to compete are frequently enforced where the former employer's "confidential information" may be used or disclosed unless the employee is restrained from competing.
Often, the main reason a company wants a covenant not to compete is that the company fears an employee who joins a competitor will disclose the company's proprietary information to that competitor, thus giving the competitor an advantage.
Many Michigan businesses require their employees to sign non-compete agreements. Although many people assume these types of agreements are not enforceable, the fact is that non-compete agreements may be enforceable under Michigan so long as certain requirements are met.
For example, a non-compete clause can prevent a consultant from bringing her current clients to a new consulting firm. Alternatively, a noncompete clause could prevent that consultant from joining a new consulting firm for a specified period of time after she stops working for her initial company.
California: In California, non-compete agreements are prohibited by law (Cal. Bus. & Prof. Code § 16600), and employers cannot require employees or applicants to agree in writing to any term or condition known to be prohibited by law (Cal.
In California, it's illegal to enforce non-compete agreements that put limits on an employee's future job prospects. ing to California Business and Professions Code Section 16600, any contract that restricts an individual from ?engaging in a lawful profession, trade, or business? is null and void.
In connection with a sale of a business, or an interest in it, the parties can agree that the seller(s)/owner(s) will not compete with the business in a certain geographic territory. The purpose is to protect the goodwill or ownership interest acquired by the buyer. Enforceable to a certain extent.
By way of example, a non-compete clause is a restrictive covenant that purports to prohibit employees from competing with their ex-employer for a set period after they resign or are terminated. Restrictive Covenants can sometimes serve a valid business purpose or be abused.
Specifically, we find that a doubling of enforcement led to an increase of about 8 percent in the startup job creation rate in Michigan. We also find evidence that enforcing non-competes positively affected the number of high-tech establishments and the level of high-tech employment in Michigan.