Non-Compete & Non-Solicitation Agreements in Kalamazoo

Is a former employee poaching your company's clientele or violating his or her non-compete by working for a competitor in your industry? Is your former employer accusing you of violating a non-compete or non-solicitation agreement?

At Willis Law, we can help you identify your rights and strongly advocate for them. We have extensive experience representing parties in breach of contract claims and will do everything in our power to minimize your exposure to liability.

Non-compete and non-solicitation agreements can be complex. At Willis Law, we have answers to your questions. Call us toll free at (888) 461-7744 for a free initial consultation.

Non-Competition Agreements

Non-compete agreements are a common feature in employment contracts. These agreements are designed to protect the interests of employers, who invest heavily in training of new employees. As a result, they seek to restrict employees from performing similar work for a set period of time in the event they leave the company.

There is a degree of uncertainty surrounding non-compete agreements, as courts do not always uphold them. As a result, it is worth your time to discuss your situation with us if your past employer is threatening to take legal action. It may turn out that the non-compete is unreasonable and unlikely to be upheld.

Non-Solicitation Agreements

Despite being often lumped together with non-competition agreements, these agreements are not the same thing. A non-solicitation agreement allows an employee to work for a competitor, but bars them from soliciting the clients of their past employer. As is the case with non-compete agreements, agreements that are too broad in scope run the risk of not being enforced.

Are Businesses Allowed To Use Non-Compete Agreements In Michigan?

One concern a business may have is that, when its employers stop working for it, they may immediately go and work for a local competitor, thus potentially hurting the business's competitive business interests. Thus, businesses sometimes look to ways to prevent this from occurring. One legal device aimed at such prevention is the non-compete agreement. A non-compete agreement is an agreement between a business and an employee which restricts the employee from taking certain types of jobs for a time after their employment with the business ends.

Non-compete agreements are legal here in Michigan. The state law which authorizes businesses to use such agreements does specify some requirements that such agreements have to meet in order to be enforceable. Specifically, such agreements have to be reasonable when it comes to all of the following things:

• The employment/line of business that the agreement restricts the employee from working in.
• The geographic scope of the agreement's restrictions on the employee.
• The amount of time the restrictions in the agreement are in place following the worker's employment with the business ending.

When a business and an employee have a non-compete agreement in place, and the employee violates the agreement, the business will generally have legal options available to try to enforce the agreement.

There are many different issues that can come up in litigation related to attempts to enforce a given non-compete agreement. One is whether the agreement in question meets the above-mentioned reasonability requirements.

Thus, in addition to potentially being very impactful on a company's competitive business interests, enforcement litigation regarding non-compete agreements can also be very complicated. Business law attorneys can provide assistance to businesses when it comes to legal matters regarding the enforcement of non-compete agreements.

Contact the Business Attorneys of Willis Law

Whether you need assistance in drafting an agreement, reviewing an agreement or facing litigation, our lawyers can make sure your rights are protected.

Contact us for a free initial consultation. We have offices in Kalamazoo, Grand Rapids, and Paw Paw.