My question involves employment and labor law for the state of Michigan:
I had signed an employment agreement with an IT Consulting Firm (Company) about two years ago without going through every details with any lawyers.
Recently, the client (also an IT company) of the Company has offered me the same position where I was hired by the Company to service the client. Now the Company has sent me a certified letter as a reminder to ‘enforce’ the Employment Agreement contains a provision, which precludes employee from being employed by the client or competitor servicing the client for a period of one(1) year following the employment termination from the Company.
The specific contract provides:
During the term of Employee’s employment and for a period of one(1) year after the termination thereof for any reason whatsoever, Employee shall not, directly or indirectly, for himself or no behalf of any other person, firm, corporation or other entity that competes, in any way, with the Company: (a) induce or attempt to influence any employee of the Company to terminate his employment with the Company; (b) solicit, service, divert or accept any person, firm, corporation or other entity with whom Employee had personally dealt while employed by the Company as a customer, client; (c)solicit, service, divert or accept the referral of any person, firm, corporation or other entity as a customer, client or recruit from any referral source with which Employee had personally dealt while employed by the Company.
- 1. Is this a reasonable contract? Unfortunately that I had to sign the contract without go through all details.
- 2. How enforceable of the contract in Michigan?
- 3. This type of non-compete clause is not realistic at all since my job does not involve any trade secrets.
- 4. What is the best way to take this to the court?