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Non- competition clause on an employment agreement in Michigan

Collierville, TN |

I got a legal notice from my employer stating a breach of non-competition clause in the employment agreement. My employer is in Michigan and my work location is in Tennessee. There is a vendor between my employer and the end-client. Does the non-competition clause apply for the end-client too? If the end-client has stated that he can hire the candidate after a certain period of time, is the non-competition clause still valid?

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Attorney answers 1

Posted

You should have an attorney review the non-competition agreement. The specific language of the agreement should be analyzed by an attorney to determine whether it applies to employment with the end-client. The document may also have a "choice of law" clause that says what state's law controls the interpretation of the agreement. Here is a recent blog post on the evaluation of non-compete agreements in Tennessee:

Asker

Posted

What is the non-competition rules for the state of MI. This non-competition is limited to non-solicitation or its a must that you should not work with the employers competitors?because my employer is from Michigan and I am working for fedex in TN,

Asker

Posted

When i worked with my previous employer i worked as a programmer/analyst and i have no access or knowledge about their trade secrets or access to their customers. Neither am i working with an organization which is similar to theirs. Their's was an staffing agency who provided resources to required organizations. I am currently working with an organization who hires their own candidates which is a Shipping organization. Also i do not work for the same position. Now i work as a Senior Programmer Analyst. And does a non-competition clause prohibit me from using my own skills to seek a job? Isn't a non-competition clause limited to non-solicitation and confidentiality? It does not have to do anything with me using my own skill set right? I have secured the job using my skills not by soliciting the client or letting out the employers trade secrets.

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