Michigan Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Michigan?

Yes. Under Michigan law, non-compete agreements are enforceable as long as the contract is deemed reasonable by the courts in the following three areas:

  • The duration of the contract
  • The restricted geographical area
  • The type of employment or line of business

As legally binding contracts, non-compete agreements must also adhere to any laws that govern contracts. If a non-compete is missing any elements of a valid contract it could be ruled unenforceable.

How Long Does a Michigan Non-Compete Agreement Last?

Most Michigan non-compete agreements last between six months and three years. Three years is the maximum duration that courts have consistently ruled as reasonable for non-competes.

When determining if the duration of a non-compete is reasonable, courts will look at all the facts surrounding the case including the scope of restricted activities and the restricted geographic area.

How Do You Get Around a Non-Compete Agreement in Michigan?

To get around a non-compete agreement, an employee needs to prove to the court that the terms of the contract are unreasonable. This could be done by showing that the duration is too long, the geographic boundary is too larger, or the scope of the restricted activity is too broad.

Courts in Michigan are permitted to limit or edit overly broad or unreasonable non-compete agreements in favor of an employee to make the contract enforceable. This practice is called blue penciling.

What Voids a Non-Compete Agreement in Michigan?

A non-compete agreement will be void if it does not include all required elements of a valid contract. The elements necessary to form a contract are:

  • Offer
  • Acceptance
  • Consideration

In most cases, courts will allow continued employment to meet the requirements of adequate consideration for a non-compete agreement. The exception to this rule is if the employee is in a fixed term contract. In this case, there is no consideration and the contract could be void unless there is additional consideration like monetary compensation.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in Michigan?
How much does it cost to hire a lawyer to review a noncompete agreement in Michigan?

See Noncompete Agreement by State

See Real Non-Compete Agreement Projects

Massachusetts Non-Compete Clause in Employment (1099) contract Review
  • Massachusetts
  • 5 lawyer bids
  • $250 - $795
View Details
California Review non-compete and proprietary invention agreement Review
  • California
  • 7 lawyer bids
  • $495 - $1,500
View Details
California Non-Compete agreement Review
  • California
  • 5 lawyer bids
  • $350 - $400
View Details
Florida Review Noncompete Agreement Review
  • Florida
  • 8 lawyer bids
  • $240 - $700
View Details
Texas Non-compete settlement agreement Review
  • Texas
  • 10 lawyer bids
  • $300 - $999
View Details
Illinois confidentiality and non-compete agreement review Review
  • Illinois
  • 6 lawyer bids
  • $599 - $850
View Details

See all Non-Compete Agreement projects in Michigan


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,848 reviews

Meet some of our Michigan Noncompete Agreement Lawyers

Curt B. on ContractsCounsel
View Curt
5.0 (4)
Member Since:
March 25, 2023

Curt B.

Managing Partner
Free Consultation
Los Angeles, California
12 Yrs Experience
Licensed in MI CA, CO, FL, TX
UCLA School of Law

Curt Brown has experience advising clients on a variety of franchising, business litigation, transactional, and securities law matters. Mr. Brown's accolades include: - Super Lawyers Rising Star - California Lawyer of the Year by The Daily Journal - Pro Bono Attorney of the Year the USC Public Interest Law Fund Curt started his legal career in the Los Angeles office of the prestigious firm of Irell & Manella LLP, where his practice focused on a wide variety of complex civil litigation matters, including securities litigation, antitrust, trademark, bankruptcy, and class action defense. Mr. Brown also has experience advising mergers and acquisitions and international companies concerning cyber liability and class action defense. He is admitted in California, Florida, D.C., Washington, Illinois, Colorado, and Michigan.

Recent  ContractsCounsel Client  Review:
5.0

"I was very impressed with the responsiveness and knowledge brought to my situation."

Ari G. on ContractsCounsel
View Ari
Member Since:
November 28, 2022

Ari G.

Of Counsel
Free Consultation
Ann Arbor, MI
5 Yrs Experience
Licensed in MI
University of Michigan

Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.

Evan F. on ContractsCounsel
View Evan
Member Since:
December 3, 2022

Evan F.

Attorney & Founding Member
Free Consultation
Livonia, MI
6 Yrs Experience
Licensed in MI
Wayne State University Law School

Evan Ficaj Law Firm empowers Michigan entrepreneurs with personalized legal solutions in M&A, LLC, business, contract, entertainment, trademark, and copyright law.

David T. on ContractsCounsel
View David
Member Since:
June 15, 2023

David T.

owner
Free Consultation
Ann Arbor
32 Yrs Experience
Licensed in MI
THOMAS M. COOLEY LAW SCHOOL

David Trentadue has been practicing law since 1994. He received his Bachelors’ Degrees in History and Political Science from the University of New Orleans and his Juris Doctor, cum laude, from the Thomas M. Cooley Law School. Currently in private practice, his areas of concentration include Estate Planning, Probate and Trust Administration, Real Estate, Business Formations and Corporate Governance. He is licensed in all state and federal courts in Michigan. He is also a Licensed Title Examiner

Andy K. on ContractsCounsel
View Andy
Member Since:
May 20, 2023

Andy K.

Attorney
Free Consultation
Michigan
16 Yrs Experience
Licensed in MI
Michigan State University College of Law

Licensed in MI since 2010. Practiced SSDI appeals and auto negligence for over a decade until 12/2022 when I left largest personal injury firm In MI to open my own estate planning firm. Looking for part-time contract/remote work to supplement income as I build my own practice.

Jocelyne U. on ContractsCounsel
View Jocelyne
Member Since:
May 30, 2023

Jocelyne U.

Attortney
Free Consultation
Las Vegas, Nevada
24 Yrs Experience
Licensed in MI NV
University of Detroit Mercy

Jocelyne Uy graduated from law school in 2002 where she began her career in insurance defense where she practiced a wide range of issues relating to insurance policies and claims. Identifying a need for representation for those working cross border, Jocelyne understood the unique interplay of the laws of Canada and the U.S. and started her first firm in Michigan focusing on Canadian American immigration and tax law. Jocelyne and her partner realize that Nevada residents continuously face challenges in finding affordable and accessible representation to assist with their debt issues. Because of these challenges and continuous shifting economy, they are committed to assisting anyone who finds themselves struggling to handle the debt and credit cycle that often feels hopeless and endless. Jocelyne's firm has assisted clients in post-COVID financial crisis ranging from credit card debt, student loan debt, and COVID unemployment repayment hearings.

David M. on ContractsCounsel
View David
Member Since:
June 20, 2023

David M.

Shareholder
Free Consultation
Ann Arbor, Michigan
24 Yrs Experience
Licensed in MI
Wayne State University

Michigan and USPTO licensed attorney with over 20 years of experience on counseling clients in the fields of intellectual property, transactional law, technology involvement, negotiations, and business litigation.

Find the best lawyer for your project

Browse Lawyers Now

Lawyer Reviews for Michigan Noncompete Agreement Projects

Review Noncompete Agreement

5.0

"Absolutely incredible person super responsive and willing to help me navigate through a challenging situation. Allen is top notch, professional, and comprehensive."

Reply From Allen L.

View More
Delaware
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

5.0

"Very responsive and helpful in letting me know my rights and made excellent suggestions."

Tennessee
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

4.7

"Great concise and helped me review documents"

Florida
Review
Non-Compete Agreement
ContractsCounsel User

Review Noncompete Agreement

5.0

"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."

Wisconsin
Review
Non-Compete Agreement
ContractsCounsel User

Legal Review of Non-Compete Agreement for Biotech Job Transition

5.0

"The proposal price was very reasonable, and the lawyer promptly scheduled a consultation, and provided sound legal advice."

Georgia
Review
Non-Compete Agreement
ContractsCounsel User

Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

Read 2 attorney answers>

Employee Rights

Noncompete Agreement

Georgia

Asked on Jul 4, 2023

How does a noncompete agreement work?

I am an employee at a small business and I have recently been asked to sign a noncompete agreement. I am not sure how these agreements work and what rights I have as an employee. I am also concerned about the restrictions that could be placed on me if I sign the agreement. I want to make sure I understand the implications of signing the agreement before I do so.

Nancy B.

Answered Aug 4, 2023

In its simplest terms, a noncompete agreement in an employment context is an agreement that says you will not compete with your former employer if you ever stop working for them. It typically forbids things like: + Working for a competitor + Starting a company that sells the same services/products as your employer + Recruiting employees from your current employer after you have left that employment. One thought is that this could be requested shortly before letting an employee go just to protect the company from competition but I hope that is not the case here as it seems like an unfair use of the noncompete agreement ability in Georgia. The issues are usually the geographical scope (for example within 15 miles of Dalton, Georgia), the time period (one or two years is usually sufficient and courts do not favor long noncompete agreements), and the consideration (such as a new job - which is not applicable in your case, or more compensation). Regards, Nancy A. Burnett

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

Florida

Asked on Jun 29, 2023

Noncompete agreement geographic scope?

I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.

Daniel D.

Answered Jul 25, 2023

The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.

Read 1 attorney answer>

Employer

Noncompete Agreement

Florida

Asked on Jul 6, 2023

How to draft a noncompete agreement?

I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.

Daniel D.

Answered Jul 21, 2023

Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?

Read 1 attorney answer>

Employee Rights

Noncompete Agreement

New York

Asked on Dec 5, 2024

Can my employer enforce a non-compete agreement I signed even though I was not provided any additional compensation or benefits in return?

I recently started a new job and was asked to sign a non-compete agreement as a condition of employment. However, I just found out from a colleague that my employer has been enforcing the non-compete agreement against former employees and preventing them from working in similar roles at competing companies. I am concerned because I was not given any additional compensation or benefits in exchange for signing the agreement, and I believe it may be unfair and potentially unenforceable. Can my employer legally enforce the non-compete agreement even though I did not receive any additional compensation or benefits in return?

Damien B.

Answered Dec 6, 2024

Hello! Generally, New York courts require that a non-compete agreement be supported by adequate consideration. If the agreement is signed at the beginning of employment, the job itself may serve as adequate consideration. However, if the non-compete is signed after employment begins, the employer may need to offer additional benefits, such as a raise or promotion, for the agreement to be enforceable. There are other defenses against enforcement. For a non-compete agreement to be enforceable, it must be reasonable in terms of duration, geographic scope, and the scope of activities it restricts. A court will evaluate whether the agreement is necessary to protect the employer’s legitimate business interests, such as confidential information or customer relationships. If not, a court could rule the noncompete is not enforceable.

Read 1 attorney answer>
See more legal questions…

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,848 reviews
Employment lawyers by top cities
See All Michigan Employment Lawyers
Michigan Noncompete Agreement lawyers by city
See All Noncompete Agreement Lawyers

ContractsCounsel User

Recent Project:
NDA and NCA
Location: Florida
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 3
Number of Bids: 7
Bid Range: $225 - $500
User Feedback:
Forrest was able to accommodate my schedule, was professional and congenital. Would definitely use him again.

ContractsCounsel User

Recent Project:
Review non-compete and proprietary invention agreement
Location: California
Turnaround: Less than a week
Service: Contract Review
Doc Type: Non-Compete Agreement
Page Count: 15
Number of Bids: 7
Bid Range: $495 - $1,500
User Feedback:
Did a good job explaining the documents to me, and the implications that the various terms and conditions imposed on me.

Need help with a Noncompete Agreement?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 21,848 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city