Employers routinely require employees to sign a non-compete agreement, in order to prevent them from taking customers, business opportunities, and confidential information to a competitor. "Continued at-will employment" was historically deemed adequate consideration for such agreements in Michigan. An employer could discharge an employee for any reason at any time and, subject to considerations of fairness or equity, still move to enforce that employee's non-compete agreement. No minimum period of employment or other consideration was necessary. This rule was helpful for employers, but sometimes onerous for employees. This long-standing rule may now be in flux.
Hertz Schram is pleased to announce that Gary Remer, one of Michigan's top franchise attorneys, joined the firm to lead our Franchise and Employee Benefit Plan practices. Gary will continue to advise business owners, including franchisors and franchisees, on business entity formation and maintenance, commercial contracts, finance, regulatory compliance and retirement plans.