Been working as an IC for 2 years for a company in Michigan. They never pay on time. Decided to cut ties and work for a different company located on the East Coast as an IC. Received a letter from former company's attorney stating I am not allowed to work for any similar company in the United States for a period of 1 year. The non compete I signed 2 years ago states that. What are my options? Is that reasonable and enforceable in the State of Michigan? Would like legal counsel immediately.
The short answer is "possibly." The rules regarding non-compete clauses leave room for argument on both sides. In my experience, it is worth it to hire an employment lawyer to negotiate an agreement between you and your former company. The courts look to several factors to determine whether the non-compete is enforceable, which depending on the specific facts of your case may help or hurt you. I find that negotiating a settlement with the prior employer is cheaper for both sides and usually results in something both parties can live with. I wish you the best.
Definitely have a good lawyer review your agreement along with the details of what you did with the former company, what you do with the new one, and how they affect each other. Good luck.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.
Years licensed, work experience, education
Peer endorsements, associations, awards
Publications, speaking engagements