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I need clarification if the non-solicitation law at my

Customer Question
I need clarification if...

I need clarification if the non-solicitation law at my current company is applicable for my particular situation

Lawyer's Assistant: Have you documented this or discussed it with HR?

Yes and they have not given me a clear answer

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

"at will"

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I am with a consultant company and trying to work for a seperate department in a client company, which is unrelated to the department in which I currently work as a consultant

Submitted: 4 months ago.Category: Employment Law
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Customer reply replied 4 months ago
Attached is the employee agreement, is it enforceable?
Customer reply replied 4 months ago
Para 8 is my biggest concern, but it seems to be too broad
Answered in 1 day by:
3/15/2018
Employment Lawyer: Michelle-mod, Moderator replied 4 months ago
Michelle-mod
Michelle-mod, Moderator
Category: Employment Law
Satisfied Customers: 12
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I'm Michelle, the moderator for this category. I'm so sorry that an Expert has not connected with you yet. I wanted to reach out to see if you still needed assistance with your question? Please use the reply box below to let me know if you'd like to continue or cancel.
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Customer reply replied 4 months ago
I still need assistance with this question. ASAP please.
Employment Lawyer: Lucy, Esq., Lawyer replied 4 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 32,264
Experience: Former judicial law clerk, lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The agreement most likely would not be considered overly broad, because it only prohibits you from working for customers or prospective customers you became aware of during the course of your employment. It doesn't prevent you from working for competitors, and it doesn't prevent you from doing similar work for other companies in the area. Only clients and prospective clients (that you met - they can't say "Everyone is a prospective client!").

Michigan courts routinely uphold non-compete and non-solicitation agreements that are for three years or less, so the two year restriction should be upheld.

With that said, they have to have a legitimate interest in stopping you from working. It's one thing to stop you from taking their clients, especially if you worked in sales or some other capacity where customers/clients might try to follow you to a new company. However, it IS considered unreasonable to stop you from working for a competitor in any capacity. If the new job is wholly unrelated to the type of work you're doing with the current company, they cannot stop you from doing the new type of work. That's especially true if you won't be soliciting clients. Note that they also would have to prove that you would have an unfair advantage against them in taking the new job.

The other clauses would still be enforceable, especially the non-diversion of employees.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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