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How to Escape from a Non-Compete Agreement

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When an individual is pursuing employment opportunities, it is imperative to consider how a non-compete agreement will affect them if they decide to leave.  Escaping non-compete agreements in today’s business environment is not as simple as it used to be.  Many courts now uphold these agreements in favor of the employer unless it can be proven that doing so will permanently prevent an individual from obtaining gainful employment in their area of training or expertise.

The Illinois laws do set limitations on the non-compete agreements, and having your Illinois employment law attorney review your non-compete before you sign it will give you an opportunity to negotiate the terms that protect you as well as your potential employer.

Some courts may declare an employer’s non-compete agreement invalid based upon the wording being too ambiguous and restrictive, and mandate that the employer cease the use of that specific non-compete agreement.

Conditions for a Ruling for Non-Compete Agreements in IL

Courts typically rule in favor of the employer if:

  • An employer provides compelling evidence they are protecting the best interests of their company by preventing an employee from competing against them.
  • The employer must protect their business’s best interest which should be considered equal to an employee’s rights.
  • By signing the non-compete, the employee was given the advantage of obtaining information, and/or training they otherwise would not have received.

IL Employment Law Attorney Representation

If your prospective employer has requested that you to sign a non-compete agreement as a condition for employment, contact an IL employment law attorney at Goldman & Ehrlich to learn more about negotiating your non-compete agreement before you sign it.