Non-Compete Agreements In Illinois

Defines the «duty not to compete» to include agreements that «impose adverse financial consequences on a former employee» for competitive activities; Answer: Yes, they are legal, but they will only be enforceable in Illinois if the judge finds the agreement reasonable and justified. They therefore do not know in advance whether the non-competition clause is considered enforceable. But at least I hope that a carefully crafted non-competition clause will be a strong deterrent. 3. Remedies for breach of a non-compete clause could include lump sum damages, compensation for actual losses suffered by an employer, or rights to omission. In Illinois, is it legal to only ask certain employees of the company to sign a non-compete clause and not ask others to do so? In that case, the Court found that the agreement was invalid and, at first sight, unenforceable, as it would insuone the worker from any employment or other relationship with an undertaking directly or indirectly involved in the employer`s activities. The agreement would prevent the worker from being employed by an undertaking which also operates in the same sectors as the employer, whether or not that undertaking is a real competitor. Moreover, the agreement would prevent the worker from taking any position with another undertaking in the employer`s sector, and not just a role corresponding to or similar to his position with the employer. The employee who was a director argued that the federal government would even prevent him from working as a janitor at another company in the sector.

The court agreed and stated that «. The deal would clearly prevent Dumrauf from playing a number of more plausible roles with another industry player, regardless of its actual competitive distance from Medix. Such a prohibition shall not apply. The non-competition clause is not applicable because it would have prohibited the worker from working in any capacity for an undertaking in the same undertaking as the employer and therefore constitutes in itself an inadmissible restriction of competition. . . .