Stopped former employee’s breach of non-compete; employee went to work for a nearby competitor and was attempting to poach former employer’s customers.

Issue: Non-Compete | Injunction | Non-solicitation | Employment Agreement

Court: Wayne County Circuit Court (Michigan)

Industry: Food

Judge: Judge Ewell

Case Description

The former employee was a salesperson who had agreed not to work for a competitor (within a 50-mile radius of my client) for one year after separation. The former employee had also agreed not to solicit my client’s customers.

My client terminated the employee and reminded her of non-solicitation and non-compete obligations. The employee angrily (and incorrectly) responded that the contract was “unenforceable.”

The former employee immediately joined a direct competitor within the same city as my client and began soliciting customers and diverting business. I sued and sought an injunction after both the former employee and her new employer ignored my cease & desist letters.
The court entered a temporary injunction the same the complaint was filed, and then entered an outright injunction a couple weeks later.