And most if not all courts will throw it out. Generally people don't realize this and will try to abide by it.
Michigan's laws, which are actually fairly pro-employer, say:
While IANAL, the Jimmy John's clause would seem to fail on the geographical area and type of employment. Michigan courts have regularly thrown out national restrictions (*any* Jimmy John's location) and broad definitions of competition (only 10% of revenue from sandwiches). Given that restaurants tend to cluster, such an agreement would prevent someone from working at pretty much any restaurant in a marginally developed area, which is clearly an unreasonable prohibition. The two years is at the high end of what has been accepted in Michigan courts as well, but still barely within the bounds of acceptance.
Not to mention that noncompetes of this nature are almost never applied to unskilled workers. I would expect to sign something like this as a CTO with ownership and deep knowledge of my employer's strategy, technology, and processes, but certainly not as a minimum wage sandwich maker.
Michigan's laws, which are actually fairly pro-employer, say:
if the agreement or covenant is reasonable as to its duration, geographical area, and the type of employment or line of business.
While IANAL, the Jimmy John's clause would seem to fail on the geographical area and type of employment. Michigan courts have regularly thrown out national restrictions (*any* Jimmy John's location) and broad definitions of competition (only 10% of revenue from sandwiches). Given that restaurants tend to cluster, such an agreement would prevent someone from working at pretty much any restaurant in a marginally developed area, which is clearly an unreasonable prohibition. The two years is at the high end of what has been accepted in Michigan courts as well, but still barely within the bounds of acceptance.
Not to mention that noncompetes of this nature are almost never applied to unskilled workers. I would expect to sign something like this as a CTO with ownership and deep knowledge of my employer's strategy, technology, and processes, but certainly not as a minimum wage sandwich maker.