South Haven, MI asked in Employment Law for Michigan

Q: Is there a legal obligation to notify an employer (privately owned company) when I resign where I am going to work?

It’s a salon and they have said that I cannot leave to work for another salon (within 6 miles).

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Was this restriction in writing? If not, I'm not sure how they could enforce anything. If so, you may want to consult an attorney. But generally, courts disfavor restrictions like this, allow they will stand in some cases.

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Agreements not to compete in Michigan are generally enforceable until they are rendered unenforceable. On the one hand the employer has to balance the risk of invalidating an unreasonable noncompete and the employee has to balance the risk of being found in violation of a reasonable noncompete. The deterrence factor oftentimes meets the objective of the employer. But, you're likely to get an answer that you are comfortable with if you contact an attorney who is familiar with these restrictive covenants.

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