What violates the geographic restriction of a non-compete agreement?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What violates the geographic restriction of a non-compete agreement?
I signed a non-compete that states I won’t work within 40 miles of my current job. I’m looking into a different business that’s outside of the 40 miles, except they have a small satellite office within 40 miles and I’d be there part of the time. Does this violate my agreement?
Asked on April 6, 2017 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Yes, based on what you write, this would violate the restriction: you will be working for someone with a presence within the critial radius and, moreover, will be working at that location at least part time. In my experience, a court (if the ex-employer sued to enforce the agreement) would most likely find that you are in breach or violation.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.