What happens if you break a non-compete agreement?

Get Legal Help Today

 Secured with SHA-256 Encryption

What happens if you break a non-compete agreement?

I’m considering a position and they want
me to sign a non-compete agreement
saying that I can’t work within 100
miles of the company for a year after
leaving. How can the company limit an
entire career field to that extent? I’m
just wondering if this is common because
a lot of people I asked have never heard
of it.

Asked on March 15, 2018 under Employment Labor Law, Michigan

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

As a general rule, non-compete agreements are legal although various state courts have placed limitations on them regarding scope and duration. So, for example, a geographic restriction involving an entire state may not be upheld but a 100 mile restriction would. A local attorney can review the document and advise you further. If the document is legally valid, then for a breach you could be "enjoined" (via an injunction) from working in the job that violated the agreement. You could also be liable for money damages.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Non-competes are not uncommon and are enforceable. If you violate one, your former employer could sue you, seeking either or both of a court order (injunctive) prohibiting you from working in the position which violated the agreement and/or monetary compensation if they can show some loss or harm from your competition.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption