A significant challenge for any salesperson dealing with employment matters is the use of non-solicitation, noncompete agreements and restrictive covenants. If you are working as an employee or independent contractor, it is likely that your current contract contains some form of non-solicitation or noncompete clause. It is very important that you understand how these clauses function, as they may control much of your future employment, and our lawyer at The Law Offices of Joseph C. Bird, PLLC, can help you determine the effect a clause may have on your future. We can also advise you when you evaluate whether you should accept employment based on the restrictions your potential employer may impose.
Are They Reasonable?
A key factor in the enforceability of a restrictive covenant is whether it is reasonable. If it prohibits your employment anywhere within a 500-mile radius of your employer and includes any type of sales with a duration of 10 years, it is likely to be found unreasonable and unenforceable and will be rewritten by the courts.
On the other hand, if it is restricted to a 25-mile radius, lasts three years and specifies a narrow range of competitors, it may be found to be reasonable and the court will enforce it as written. This means before you accept employment, you should examine the restrictions and be certain you understand exactly what they mean.
We Can Help You Understand Your Rights
This is a fact-based analysis and subtle differences in the products, services or locations may make a significant difference in the analysis. Our employment law attorney has nearly four decades of experience working with complex contractual issues and can help you understand the restrictions and help you negotiate your terms before you sign the contract.
Contact Our Firm
For experienced assistance involving issues related to disputes involving non-solicitation agreements and restrictive covenants in Michigan, call our Birmingham office at 248-658-8590, and find out how our attorney can help you or use our contact form.
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