Settlement agreements are great…when they are enforceable!!!

Take a look at this Michigan Court of Appeals case where the court found an alleged settlement agreement between a former employee and employer was unenforceable because there was no signed writing showing assent to the agreement. The former employer attempted to enforce a non-compete clause, along with other provisions in the settlement agreement, against the former employee and his new employer. Since the settlement agreement was unenforceable, there was no violation of the non-compete agreement and other provisions at issue. The court found that although there appeared to be some form of agreement made, it was nothing more than an AGREEMENT TO AGREE and not an enforceable settlement agreement!

Cases like these remind us that “agreements” not only need to exist, but they need to be enforceable! Have a professional assist you with the process. You do not want to risk having a court tell you the agreement you have been relying on cannot be enforced! Contact C&G to assist you or your business today! Click here to read the opinion!

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