A proposed Michigan House Bill was recently introduced that would significantly limit the use of noncompete agreements (sometimes called covenants not to compete) in Michigan. Such agreements often restrict individuals from working for a competitor or other post-employment activities. 
Specifically, State Represntative Peter Lucido (R) introduced HB 4198 on February 12, 2015, which has since
Michigan, like many states, seeks to create a vibrant start-up environment. And as a further sign of that commitment, February 18 through February 25, 2015 marks Entrepreneurship Week in Michigan under a recent proclamation from Gov. Snyder.
The preamble for the Governor’s proclamation notes that:
More than 70 percent of young Americans envision starting
Abraham Lincoln once noted that if he had six hours to chop down a tree, he would spend the first four sharpening the axe. For employers, that sort of up-front attention to details is especially important when it comes to non-compete agreements. Otherwise, as a recent Michigan Court of Appeals illustrates, the only thing likely
When it comes to establishing basic terms and conditions of employment, such as hiring someone as an independent contractor or as a W-2 employee, business owners generally enjoy significant leeway. But this could change for certain Michigan businesses providing home help care services under proposed changes by the Michigan Department of Community Health (MDCH). This
Our law firm was recently hired to represent clients – former employees – being sued for allegedly violating a noncompete agreement, trade secret misappropriation, and other business related claims.
As is typical with these sorts of cases, the Plaintiff, the former employer, was seeking injunctive relief in the form of a temporary restraining order (TRO)
“Sticking feathers up your butt, does not make you a chicken.“
Tyler Durden, Fight Club
Under Michigan law, one required element for having an enforceable non-compete agreement is a “reasonable competitive business interest.” But, like the chicken quote, business owners can’t expect to just stick the phrase “reasonable competitive business interest” into an
One of the most common questions I get asked by both business clients and individuals is whether their non-compete agreement is enforceable. As explained below, a number of points will determine the answer, but none are more important than what essentially amounts to a “wild card” — the judge deciding your case.
Attorney Brett Snider
Under Michigan law, requiring current employees to sign a non-compete agreement presents unique issues for employers when it comes to having an enforceable agreement.
Continue Reading Requiring a Current Employee to Sign a Non-compete Agreement: Will it be Enforceable?
Enforcing noncompete agreements will depend upon state law. What law applies will be critical for determining if a noncompete agreement is enforceable.
Continue Reading Enforcing Noncompete Agreements – What Law Will Apply?
An employer making a job offer to a new employee needs to have in place best practices for avoiding being sued in a noncompete agreement dispute or a trade secret misappropriation claim.
Continue Reading Playbook to Avoid Trade Secret & Noncompete Agreement Violations Involving New Hires