What violates the geographic restriction of a non-compete agreement?

I signed a non-compete that states I won’t work within 40 miles of my current job. I’m looking into a different business that’s outside of the 40 miles, except they have a small satellite office within 40 miles and I’d be there part of the time. Does this violate my agreement?

Asked on April 6, 2017 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, based on what you write, this would violate the restriction: you will be working for someone with a presence within the critial radius and, moreover, will be working at that location at least part time. In my experience, a court (if the ex-employer sued to enforce the agreement) would most likely find that you are in breach or violation.


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