The legality and enforceability of non-solicitation provisions within settlement agreements. Both Michigan law and federal law have long illegalized “restraints” on trade or commerce.i Violations can include fines and criminal prosecution.ii But what is a restraint on...
Non-Solicitation
Successfully defended employee’s right to work at a competing staffing company doing different type of work for different type of customer-base.
Issue: Non-Compete | Injunction | Employment Agreement | Non-Solicitation Court: Oakland County Circuit Court (Michigan) Industry: Healthcare Judge: Judge Alexander Case Description My client was a staffing specialist in the healthcare industry. He was under a...
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...
Enforced an employee contract requiring CPA to pay for the book of business and goodwill the CPA took with him when he resigned.
Issue: Non-solicitation | Employment Agreement | Trade Secrets Court: Oakland County Circuit Court (Michigan) Industry: Finance Judge: Judge Potts Case Description My client was an accounting firm. One of its CPAs signed an employment agreement that allowed the CPA to...
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...