confidentiality agreements in michigan, how can one find a loophole, leaving, to go to a competitor,?

Question

leaving to a competitor, with a new job title, different responsibilities

If I go to a competitor, do I have to tell my employer..how will they find out where I went?

Answer 1

Please ask an employment lawyer.

I say this because it isn't smart to burn bridges. The world is amazingly small, and I've seen things like this come back to bite folks in the butt. People in similar industries KNOW each other.

Future employers will make their own assumptions when reviewing your resume, too.

Only an employment lawyer would be able to safely advise you in this situation. Good luck.

Answer 2

Confidentiality agreements may be, indirectly, non-compete agreements, depending on how it is worded and the understanding you and the employer had at the time you signed it.

Obviously, if you were in an Administrative Department such as Human Resources or Accounting, where job duties are generally accepted throughtoput the economy such confidentiality may not have an impact. However, if you were involved in a proprietary production process, product or service, then the agreement may prohibit you from utilizing the knowledge gained from the original employer to the new one.

Besides, how can you be so sure they are hiring you because of your potential, and not because of your "inside information". What will happen if you can't be of "service"? Reduction in force?

I recommend that, for your own protection, you get an employment contract from you new employer that spells out that the only grounds for termination will be "moral turpitude".

Answer 3

As long as your employment is with a firm that is outside Michigan, your non-compete should not apply. With regards to confidentiality, that will be enforceable around the country. You need to understand that confidentiality restrictions cannot be overcome whereas non-compete restrictions can be overcome.

Confidentiality agreements restrict you to disclose your work or product knowledge not in public domain to the competitor.

Agree that you need to be careful and maintain cordial relationships when leaving.