Legal Question in Employment Law in Illinois

non-compete & employment contracts

My employer requires I sell a minimum of 56 insurance policies monthly or my base wage is reduced. I signed assuming it was a reasonable standard. Now I find less than 5 of 60 employees regularly meet the minimum. That seems like too high a bar and we are prohibited to move to a competitor by their non-compete. Is this enforcable if the minimum is virtually unobtainable? I feel deceived by them and painted into a corner. I would never have agreed to if I knew ahead of time that it was almost impossible to reach the minimum sales objective.

Asked on 1/24/09, 8:49 am

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC
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Re: non-compete & employment contracts

My gut tells me there is something wrong with the arrangement -- something that the law should remedy, perhaps by making the non-compete unenforceable. I do not have the benefit of doing legal research on the point, but my gut -- after nearly 19 years of practicing law -- is usually pretty good.

-- Kenneth J. Ashman; KAshman@AshmanLawOffices.com

The information provided by Ashman Law Offices, LLC (“ALO”) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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1/24/09, 3:54 pm

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