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Non Compete Agreements Illinois

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  • Non Compete Agreements Illinois

    We are in the processing of hiring an individual who worked with us about 3-4 years ago, then left to seek other employment in the industry. That new employer had him sign a non-compete, stating that he could not work in a similar industry / similar capacity / similar or same state as that employer. We are the same industry, he will be working in a different capabity, and for a branch/state that does not include the competitor. The employer, however, laid him off in January and he called us.

    The agreement further asks that the employer be given the right to sign off on any questionable interpretations. I asked the individual to receive such a letter from the previous employer, which is still pending. Management would also like me to get a letter from the applicant stating that we requested the letter and that the applicant bears all risk.

    Any thoughts on risk here?

  • #2
    If I was the individual who signed the non-compete, I would take the non-compete to an employment or contract attorney in Il. to see if it would be enforceable. In Il. non-competes are enforceable if the terms are reasonable and necessary to protect a legitimate, protectable busi. interest of the employer. They must be reasonable in regard to time, territory & activity restrictions.
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