Trade Secret Attorney, Non-Compete Agreement Attorney: Michigan Non-Compete Agreements, Confidentiality Agreements and Non-Solicitation Agreements

« Non-Compete, Trade Secret & Confidentiality Litigation & Negotiation | Main | Michigan Non-Compete Law | MI Statute Re Enforcability of Contracts »

01/22/2005

Comments

I have a non-compete clause in my employee contracts which I want to start enforcing. Should I have them re-sign the non-compete clause every so often?

How do I get out of a non-compete agreement I signed 4 years ago? I don't believe there is anything confidential or trade secret protected.

Although it’s been 60 days since leaving my former employer, the rumor on “the street” is the former employer is preparing to proceed with enforcing a non-compete/non-solicit. While they cannot go with a non-compete, as I am in a different line of work (same industry sector) now and in a different country all together, they are trying to enforce the non-solicit and they have craftily added the term “and potential client” after the term “existing client” which could be any one within the sector I am working that I sent some marketing material to in order generate leads. My question to you is the inclusion of the term “potential client” overreaching – or can I be stopped from working in my field (although no longer in a sales or consulting role or even in a competitor of previous employer) in any country even though my employment with current employee has no business impact on previous employer other they are angry I did not stay?

If a Non-Compete agreement states it is up to the Senior HR Officer to determine if the association with a new employer is consistent with the covenants stated in the Non-Compete agreement; What evidence or details is the current employer required to disclose to the employee? By this I mean if it is stated in broad terms "trade secrets" must not be shared or disclosed with any competitor; who defines these "trade secrets"? Does the employee have a right to know what information they possess which caused a decision to enforce a non-compete?

In as sales capacity in Michigan, can an employer enforce a non compete agreement if the employer laid off the sales person? Sales person's wages include a base pay and commision.

Further, although the non compete is written well, is there any implied requirement of the employer to make the products available to sell?

For instance, if a distributors of products will not ship products to the employer due to unpaid invoices greater than 90 days and a salesperson must cancel orders, is this a defense to a non compete?

That is one of the factors a court looks at in determining enforement. Courts don't like selective enforcement.

What if the employer I am leaving has never enforced the noncompete with other employees that went to a competitor?
Does that make enforcement dificult to prove?

I have a question as to how many years a noncompete agreement between a employer should be. My employer has a noncompete that states up to 5 years you can't work or be employed by another tanning facility.

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