Confidentiality Agreements

Employees often have access to proprietary information including client lists and knowledge of business strategy. Employers should not wait to lose a key employee to a competitor to worry about non-competition and non-solicitation agreements.

Non-competition and non-solicitation agreements are enforceable by employers when well-drafted and limited in time, limited to customers, and in geographic radius.  Enforcement in court depends upon fairness.  Agreements that are global in scope, 3 years in duration, and cover a wide range of employee duties will not be enforced in most cases in Michigan.  Competition is not prohibited; only unfair competition is prohibited.  We guide our employers on what is “fair” and enforceable in their businesses.

Call (248) 643-9530 during business hours or email for a consultation.

Discussion At Table


  • Customers,
  • Competitive advantage,
  • Trade secrets,
  • Confidential information, and
  • The business itself.

How can employers stop unfair competition from past employees? 

Can you require an employee to tell you his/her next employer? 

Have you required that disclosure in your agreements?

Employers without written agreements that prohibit competition are out of luck.

Confidentiality and non-disclosure agreements are very effective in limiting theft of trade secrets, marketing strategies, customer lists, costs and profit margins.  Courts will enforce well-written and fair agreements to protect employers against the loss of proprietary information.

Our experienced employment law team will guide your action steps to prepare enforceable non-competition, non-solicitation and confidentiality agreements and implement strategies to get current employees without agreements to sign them.

Call (248) 643-9530 during business hours or email for a consultation.

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