The Michigan Court of Appeals recently upheld the dismissal of claims against two former employees arising out of a breach of non-compete contracts. Terence Durkin and Ryanne Rizzo obtained summary disposition in the trial court and successfully defended the grant of summary disposition on appeal.

In this case, plaintiff brought suit alleging breach of non-compete contracts when they went to work for a competing company. Mr. Durkin and Ms. Rizzo defended the employees against the claims arguing that the employees were low level, back room employees and therefore the non-compete agreements were not enforceable. They further argued that no trade secrets were utilized at the employees’ new place of business. After briefing the issues and presenting oral argument before Judges Michelle M. Rick, Amy Ronayne Krause, and Anica Letica, the Court of Appeals, in a unanimous unpublished opinion, affirmed the trial court’s grant of summary disposition.

Terence Durkin’s practice blends labor and employment law with medical malpractice and general litigation. His experience gives him a unique ability to help clients sort through the challenging and ever-changing world of labor and employment rules and regulations.

Ryanne Rizzo is an associate attorney in the firm’s Detroit office. She focuses her practice in employment and labor law. Prior to joining the firm Ms. Rizzo worked as a law clerk on the Plaintiff’s side and also led a Human Resources Department at a multi-location health clinic in Michigan. Ms. Rizzo is also certified as a general civil mediator.

Big Win for Two Former Employees as Court of Appeals Upholds Grant of Dismissal

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