3.11.2006

COMPETITION BRINGS OUT THE BEST!

This post is based on a friend of mine who had a legal contract issue. He signed a contract which had a non-compete clause in it.

His dilemma is that his current company is being sold to competitor on the other side of the state. It seems apparent that this sale will significantly undermine security in his job.

He has found a local competitor that would like to hire him and it is somewhat conditioned on him bringing about $100,000 or more in business with him.

Well I didn't have good news for him because unfortunately these clauses are strictly enforce in the State of Michigan. The only way we could blow it up is by showing that it is unreasonable or perhaps to broad which essentially means a lot of money to get him out of it.

*****HAVING TO SIGN THE CONTRACT WITH THE CLAUSE AND RISK NOT GETTING THE JOB, SALE, OR POSITION IS NOT A VALID DEFENSE***

To sum things up if you are confronted with a contract as such, ask for some time to read it over and consult an attorney. It may cost you an hours worth of attorney fees but will save you grief and the cost of trying to get it struck out of the contract.

1 Comments:

At 1:58 AM, Blogger Josh Morgan said...

Hi,
I found you by way of Blawg.org...however, I just started a new site and need some constructive criticism. It WILL be better than blawg.org, in fact it already is and its not even completed. However, please visit and send some criticism my way. I know, this sounds random, but its legitimate.
www.juristblogger.com
email:josh@juristblogger.com

join our legal blog community while you are there.

 

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