Jimmy John’s Sued over Non-Competition Agreements

Happy Friday!

Today’s headline in the ABAJournal:  Illinois attorney general sues Jimmy John’s over noncompete clauses for low-wage workers

Yikes.

A few years ago I posted on this issue

According to the ABAJournal:

Illinois Attorney General Lisa Madigan claims in a lawsuit that Jimmy John’s sandwich restaurants are violating state law by requiring low-wage workers to sign restrictive noncompete agreements.

Apparently, according to the lawsuit, Jimmy Johns had indicated it no longer required employees to sign the non-competes, but it later never implemented this plan.

Yikes.

In Michigan, Non-Competes are enforceable to protect legitimate business interests.

MCL 445.774a provides:

“1) An employer may obtain from an employee an agreement or covenant which protects an employer’s reasonable competitive business interests…”

As I stated in my prior post – even if Jimmy John’s non-competes were enforceable – to what end? Why have employees sign them?

I would hate to be the lawyer representing Jimmy John’s to enforce an injunction in Grand Rapids Circuit Court to enjoin an 18-year old from making sandwiches…

e-mail: Jeshua@dwlawpc.com

www.dwlawpc.com

Twitter: @JeshuaTLauka

Published by jeshuatlauka

Attorney at David, Wierenga & Lauka, P.C., business law firm in downtown Grand Rapids, Michigan. I serve as a legal advisor/ fractional GC to purpose-driven businesses. I am married with 4 kids. Above all I am a follower of Jesus Christ.

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