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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Non Compete in Michigan

    I have recently been hired as a sales representative for a website consulting/print media company and i noticed that they have a non compete clause that I had to sign. The clause states:

    "I understand and agree that during the term of this Independent Contractor Agreement and for a period of twenty four (24) months thereafter, I will not originate sales or engage, directly or indirectly, in the sale, marketing distribution or promotion of a website design, website consultation, search engine optimization, website hosting, graphics, any print media or other products or services competitive to product and services marketed on behalf of all _______ Inc's companies"

    My predicament here is that I am still a college student. I am majoring in marketing and am worried that this clause might interfere with possible future marketing jobs that might have me do advertising via social media or print. Also, prior to beginning this job, I had thoughts of starting my own business doing advertising via print and social media and now, I feel that I wont be able to that.

    I have a feeling this clause wont stand in court because it is vague, in a sense. It is not specific about the geographical area and if I were to open my own business, would it not violate my right to earn a living?

    I feel like a complete idiot for signing this, but I needed a job. I don't have the money to consult with an attorney, but any advice from everyone here would be greatly appreciated.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Non Compete in Michigan

    Noncompetes are evaluated on a case-by-case basis, and we lack the facts to do that for you. A noncompete must be reasonable in scope and duration. Two years, as a general rule, isn't likely to be held unreasonable. The language posted, though, suggests that the scope might be excessive - both geographically (it's seemingly unlimited) and in terms of the work it covers (it sounds like it would rule out pretty much any Internet-related work during the two year period, even if completely outside the sphere of where the company conducts business). But if you sign a noncompete with the idea that, down the road, you're going to take your chances and violate it... well, you are taking your chances.

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Non Compete in Michigan

    Michigan enforces a rule of reasonableness with respect to duration, geography, and the type
    of employment or line of business.

    You would really need to talk to a contract attorney in your area to get more of an idea of how the courts
    in your area consider the above.

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