Enforced non-solicitation provision of employment agreement to address former employee poaching staff.

Issue: Non-solicitation | Employment Agreement

Court: Oakland County Circuit Court (Michigan)

Industry: Creative Services

Judge: Judge Potts

Case Description

One of my client’s executive-level employees resigned and joined a competing company.
The executive-level employee had signed a non-solicitation agreement that prevented him from soliciting my client’s employees after separation. However, shortly after the executive resigned, a second employee left to join the competitor as well.
I filed a lawsuit on behalf of my client to address this problem, and related issues. The litigation process revealed that the executive and other employee were close friends and had discussed the competing company and employment opportunities while still employed with my client.
The case settled on mutually-agreeable terms after discovery of these facts.