Non compete in employee hand book.

I have a former employer who had a non-compete clause add to a new version of his employee hand book. It as added at the end of his employee handbook. We all had to sign the handbook at the end of a meeting. I am pretty sure it was not part of the hand book when I originally started.

It states as follows:

"The forgoing manual should not be considered as a contract of employment. That all employees are considered employed at will; which means that an employee an leave his/her job AT WILL or that the company can terminate an employee AT WILL. However, it has been the company policy, when foreseeable, to give an employee two (2) week notice for a lay-off. The company also requires two (2) weeks notice for an employee that is voluntarily leaving the company. Senior management is a required 30 days. The required notice does not apply to an employee that is terminated for cause.

Employee agrees for a period of 24 months immediately following termination of employment, voluntary or involuntary, not to directly or indirectly, by himself or in conjunction with any person, firm or corporation, call upon any customer of Employer or compete with Employer by performing any of the activities performed by the Employer., for his own benefit or for the benefit of any person, firm or corporation, nor shall he engage in an activity for the purpose of (1) soliciting or selling to the customer any product or products competing with those produced or marketed by Employer or (2) diverting or taking away any customer of Employer. In the event of any violation by employee, Employer shall have the alternative and additional right and remedy of applying to any court of competent jurisdiction for an injunction to restrain employee from continuing the violation."

I was let go from this company who sells and installs tile-its a retail tile store I sold tile and estimated contracts for installation for them for 9.5 years but worked prior to them at another company for 6 years so I came to them with knowledge already.

Unemployment has deemed that I did not violate company policy and was awarded unemployment benefits. I have an opportunity, at another firm. But I may not be able to take this offer due to this non compete. From what I have read thus far on line. He may not be able to enforce this, as written, because it in the manual and has an unreasonable 2 year term and not geographical area, but I need to know for sure Knowing this employer he will attempt to stop me from working.

1 answer  |  asked Nov 15, 2018 09:20 AM [EST]  |  applies to Michigan

Answers (1)

Brad Glazier
This is known as a non-solicit provision. Such provisions are usually upheld. If you sign an acknowledgment that you received the handbook, the terms of the handbook will be binding on you in most cases.

If you are looking for a legal opinion, you should retain an experienced lawyer for specific advice.

posted by Brad Glazier  |  Nov 15, 2018 09:35 AM [EST]

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