Legal Question in Employment Law in Illinois

No Compete Agreement

I currently work for a construction safety company that provides safety personnel to various companies in the construction field. 16 months ago when I started I signed a No Compete agreement that stated I would not go to work with one of the customers for a total of 12 months after I left their employment. 16 months later after being mistreated and underpaid I have been approached by one of the companies that they have as a client. How can I get out of this contract? And can it even be enforced since the company that I work for is based in Illinois, the company that I want to work for is in Michigan, and I live in Indiana?


Asked on 5/29/03, 4:40 pm

3 Answers from Attorneys

Kenneth Lauter Kenneth E. Lauter, PC

Re: No Compete Agreement

Whether the non-compete can be enforced depends, primarily, on its terms (are they reasonable), what state's law applies, and your particular circumstances (i.e, does the underpayment of your wages constitute a breach of contract that releases you from the non-compete). Feel free to contact me at 317-955-9500 if you wish to discuss retaining our services.

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Answered on 5/30/03, 10:44 am
Mary McDonagh McDonagh-Faherty Law Offices

Re: No Compete Agreement

It can be enforced if reasonable, however, there are some circumstances where it can be thrown out. You need an attorney to review the contract itself in order to get a full opinion.

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Answered on 5/30/03, 11:35 am
Kenneth J. Ashman Ashman Law Offices, LLC

Re: No Compete Agreement

Non-compete agreements are strictly construed. Unless they are reasonable in scope (i.e., reasonable in time duration and geographic location), they will not be upheld or, if upheld, limited in certain ways. If they are reasonable, however, they will be enforced.

Without reading the language of the non-compete along with certain other documentation, it is impossible to render an opinion as to its reasonableness.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

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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Answered on 5/29/03, 10:25 pm


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