Help with non-compete

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yog_23

Registered Users (C)
I am currently working for an employer based on Detroit, MI.

I have been with them for 5+ years and now want to move out. I have signed a non-compete which prevents me to work for competetors for 2 years.

I have worked with an intermediate organication called "Company A" for One and 1/2 yrs during the 5 year period and the last time I worked with them is Dec 2008.

"Company A" is a monopoly in the industry and most jobs are routed though them.

Now a competetor is offering a job in Portland, OR with the same intermediate organization ("Company A"). The end client is different and I haven't worked for them.

My question is does distance come into play when my employer tried to bind me with the non-compete ?

Thanks for any inputs
Yog
 
Short answer is YES, distance is very important factor in any non-compete clause. You can't ban someone entirely from working in the field in the US, unless your position is highly specialized. Afterall, Courts champion the "At-Will" doctrine, meaning you or your employer can part way anytime you want and naturally, you want another job with your job experience. So between Michigan and Oregon, you are probably ok. But to be sure, please find a reputable employment lawyer to consult with. My advice is not meant to be used as legal advice.
 
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