6. Is it legal in Illinois not to ask some employees of the company to sign a non-compete agreement and not to ask for others? Illinois is a state in which non-competition prohibitions can be imposed if they are concluded with specific guidelines and formulations. The most common questions are asked by Illinois clients who are considering non-compete agreements: when a company hires a new employee, that employee assumes the fiduciary duty not to compete with the employer as long as the worker works there. This includes working for a competitor or setting up a competitive business, unless the employer has consented to such an activity. Once the job is over, the worker is free to seek unrestricted employment elsewhere. It is therefore customary for an employer to require a non-compete agreement when hiring a new worker in which the worker agrees not to compete with the employer after leaving the employer for a period of time. The applicability of these agreements is the subject of almost constant litigation and litigation. Our team of non-competing Chicago trial lawyers represents employers and workers in disputes related to these agreements, helps employers enforce former employees, and helps former employees find ways to challenge the validity of an agreement. Legal fee clauses. It`s a big problem.
Under Illinois law, the question of whether or not a competition or non-application agreement contains a legal fee clause can be a huge difference in risk/premium for both the employer and the worker – and may be the key factor in determining whether or not an employer can engage in litigation against a former employee (which could one day be for you). and b) whether or not I would recommend certain measures to a staff member. The issue of the legal fee clause is also a topic that, if a potential employee/employee has not yet signed the proposed competition/non-application agreement, the employer may be willing to remove or revise such a clause. Also note that not all of these clauses are written in the same way (sometimes the clause, if included, is written to favour only the employer, and sometimes it is written to favour the dominant party). However, my preference, on behalf of the employees, is almost always that there be no legal fee clause in the non-competitive/non-conservative agreement. Will some court proceedings in Illinois conclude that two years or more of employment will be sufficient as an appropriate legal consideration to support a non-compete agreement? 12. Do all U.S. states have the same law on the legality and applicability of non-compete bans? Blue pencil clauses. Employers often refer to a “savings clause” (in legal jargon, it is called the “blue pencil clause”) to make a non-competition clause applicable far beyond that. This may make it even more difficult (for both individuals and lawyers) to determine whether a non-competition clause is found to be enforceable (in whole or in part) by the courts.
Restrictive agreements can generally be categorized into three categories: non-invitation clauses; non-competition clauses; Confidentiality rules.