This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.
Michigan Post-Employment Restrictions on Competition
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Multi-State
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US-TS8041
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How to fill out Post-Employment Restrictions On Competition?
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FAQ
If you haven't signed a non-compete contract, then your employer cannot stop you from working for a competitor. If you have previously signed a non-compete contract, consider contacting an employment lawyer to help you understand the terms of the contract and how it can affect your employment options.
Exceptions and Special Circumstances Certain professions in Michigan are exempt from non-compete clauses, including lawyers. Furthermore, if an employee is terminated without cause, the enforceability of a non-compete clause may be challenged.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
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.
Make sure you have a firm job offer with the competition before giving notice and resigning from your current employer. If the job offer is tentative or hasn't been formalized, you run the risk of quitting one job without having another one officially lined up.
Look into the company's policy Some companies may have a policy where they only rehire former employees who left on good terms. If your previous employer has a no-hire policy, perhaps you work via a loophole.
However, in those situations where the non-compete was properly drafted and implemented, a court could award damages against you for any actual losses suffered by your employer, or in rare cases, a court will order that you are prevented from working for the competitor for the duration of the clause.
