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  • Non compete Illinois

    I have a non compete with my current company that states it is enforceable unless I am terminated. I signed a contract that identifies them paying me salary plus a small commission. The company wants to now put me on straight commission, no salary or expenses paid. Business is very slow and there is no way I could possibly survive under the proposed terms. The question I have is this... Is the non compete still in effect? The choice facing me is either quit or take the new compensation program, which had this been the initial offer I would never had agreed to. It seems to me that they can keep me from going to a competitor if I resign but then also I would make next to nothing in compensation if I stay... I need help here... It would be in the same industry, same customer base and product line...
    thanks...
    Last edited by prattigan; 12-29-2009, 10:31 AM.

  • #2
    Your best bet re any non-compete agreement is to have it reviwed by an employment or contract attorney in your state. Sometimes the "devil is in the details."
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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    • #3
      Plus "terminated", in the literal sense, is just a separation from employment status. There are voluntary terminations (initiated by employee) and involuntary terminations (initiated by employer), but they are all "terminations".
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Also, so-called "straight commission" that does not look at actual hours worked is legally possible for Outside Sales only.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          All kinds of "hooks" in this one, huh?
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            & that's why we always suggest a lawyer review the agreement.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment

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