Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Non-Compete in Illinois Illinois

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Non-Compete in Illinois Illinois

    I worked as a sales person for a firm - I left about a year and half ago. While I was employed, my employer declined a job I brought to them and then in order to help out my client, I passed the lead to another firm. This was not unusual, we had passed leads back and forth for years, it worked both ways, and I secured many deals for my firm in this manner. I did have a one year non-compete agreement. The company I passed the lead to did the job. Now my former employer is denying that they refused the job and claiming that I violated my non-compete. There is nothing in the document I signed that addresses the case of my company declining business. My take is that once they declined the business, they were no longer competing, I could do whatever I wanted with the lead. Is there anything I can refer to to backup my argument? Does anyone know of a similiar case?

  • #2
    As to whether this is a violation of your non-competition agreement, someone would need to look at the specific language in your agreement to tell you whether passing on a lead under the circumstances you described violates your agreement.

    In Illinois, employees also have a common law "duty of loyalty" to their employer. Employees may generally not compete with their employer during the term of their employment, whether or not they have a non-compete agreement.

    Based solely on your side of the facts, your actions would seem not to be contrary to the interest of your employer. Not only did the employer turn down the work, but passing on leads has historically resulted in generating business from people in similar positions.

    However, your employer, for whatever reason, is apparently disagreeing with your facts. That makes any assessment difficult at best, since no one knows whose "facts" will prevail.
    David K. Staub (www.illinoisbusinessattorney.com)
    Forum posts are not legal advice, are for informational and educational purposes only, and are not a substitute for proper consultation with legal counsel.

    Comment

    The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
    Working...
    X