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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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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