Answers Posted By Aaron Maduff

Answer to If I signed a Non-compete agreement in 1987, and now they want me to sign a revised Non-compete in 2

Is the first non-compete agreement still valid.

I do not have the entire question, but I understand it to be if the company wants to replace its non-compete agreement, does the first one remain valid (i.e. are you now stuck with two non-compete agreements?) The key is what they say. Typically, the second agreement may ompletely replace the first agreement or it may be an addition. Unfortunately, we would have to review the agreement. HOWEVER, we have found that most non-compete agreements are invalid in any case because they are too broad, you aren't getting something for them, or they are not reasonably necessary for the protection of the company. Any time you have a non-compete agreement, you should review it with an attorney. There are several ways this comes up: 1) If you are being asked to sign a non-compete agreement, you want your own attorney to look at it and determine if it is valid and if so, how much danger does it pose to you and can it be negotiated; 2) If you are leaving a company then the question becomes is the non-compete going to interfere with your getting other work. In the latter case you might find yourself trying to negotiate with the first company to permit you to take another job; or you might file a declaratory judgment action to have a court declare that the non-compete agreement is invalid. (YOU SHOULD ALWAYS CONSULT AN ATTORNEY BEFORE MAKING THIS DECISION because once you try negotiating, the company becomes aware of your intentions and may take action.) The other possibility is that the company files an action against you and you need to defend it. This is particularly difficult where your new company might terminate you. Please feel free to call us or one of the other fine employment lawyers here at MEL.
Aaron Maduff

posted Oct 30, 2006 08:53 AM [EST]

Answer to Must employer give patent bonuses to laid-off employee?

Must employer give patent bonuses to laid-off employee?

This becomes a question of the employment contract. If the "bonus" is part of your compensation for the patent, then you should still be entitled to it. If it is a bonus that does not vest until the date the patent is formalized it probably won't. If you know that there will be layoffs this spring, this might be a good time to try to renegotiate your employment contract (or to get one if you don't have one.) You should call one of the fine employment lawyers on this site.
Aaron Maduff

posted Sep 22, 2006 11:35 AM [EST]

Answer to Fired while on vacation because someone wouldn't come in?

Fired while on vacation because someone wouldn't come in?

Good news and bad news. Employment in Illinois is at will. This means that an employer can fire you for any reason or no reason at all (except an illegal reason.) Therefore, if his reason is that you failed to come in when called, he can fire you. However, you are entitled to your accrued vacation so it will have to be paid out if you are unable to take it. In addition, depending on a number of factors including: how many hours you are working, what you are doing, how you are paid, etc., you may be entitled to overtime compensation which can add up quickly. You should seek the advice of an employment attorney.
Aaron Maduff

posted Aug 16, 2006 08:57 AM [EST]

Answer to Harassment or not?

Harassment or not

You are describing the beginnings of a sexual harassment claim. You have done the right things so far by making the complaints. Keep documenting everything that is happening. Part of the problem you are facing is that in order to be actionable sexual harassment has to be a strong enough combination of serious and pervasive. By documenting your complaints of sexual harassment, the company is aware of it and should take some action. But if they take retaliatory action against you, that could create a serious problem for it. You should probably contact us or one of the other fine employment lawyers listed here at MEL.
Aaron Maduff

posted Aug 7, 2006 10:29 AM [EST]

Answer to Salary vs. Hourly

Salary vs. Hourly

Regardless of the 90-Day probation period, if you are an hourly employee, you are entitled to time and a half for overtime. Typically you are paid on a salary basis or an hourly basis. Its one or the other. (In rare circumstances, people are paid by the day, but this does not sound like your situation.) Your question makes it sound as though you are not being paid at all which is also a violation of several laws. In any event, depending on what you do, you may be entitled to be an hourly employee insted of a salaried employee anyway. This has certain advantages in that you are entitled to overtime where a salaried employee would not be. You need to discuss this situation and specifically your job duties with an employment lawyer. Call us or any of the other fine attorneys listed here at MEL.
Aaron Maduff

posted Jul 10, 2006 08:06 AM [EST]

Answer to Was I discriminated against based on my Nationality?

Was I discriminated against based on my Nationality?

You may have a national origin discrimination case. It is illegal to terminate someone because of his national origin, in this case Italian. The difficulty is in proving that being Italian was the reason for your termination. The combination of the jokes about your family stealing his watch (ostensibly because you are Italian), combined with how quickly you were terminated (particularly that no reason was given for your termination) supports your claim. I reccommend that you contact us directly at 312/276-9000 or one of the other fine employment lawyers listed here at MEL.
Aaron Maduff

posted Jun 5, 2006 3:36 PM [EST]

Answer to Soliciting business from clients

We can review your contract

Mr. Cameron:

Our lawyers will not be able to answer your question without a thorough review of you agreement. If the answer to this question is important to you, then give us a call and we can set up an appointment for an attorney to review your non-compete.

Kevin Down
Legal Assistant
Maduff, Medina & Maduff, LLC
(312) 276-9000
www.madufflaw.com

posted Dec 14, 2005 09:51 AM [EST]

Answer to When does the 21-days review period begin?

When does the 21-days review period begin?

Companies typically put a limit on how long one has to review a severance agreement from the date the employee gets it because they do not want to be in limbo forever. In addition, if you are over 40 the Older worker's Benefits Protection Act requires that to waive any age discrimination claims they must give you at least 21 days to review it and you can revoke your signature within 7 days of signing it. As a result, although there is no hard and fast law on how long it has to be in other cases, the severance agreement is an offer that under standard contract law must be accepted within the time period set by the company, and the company usually sets that at a uniform 21 days. However, companies usually want the severance signed because you are waiving rights when you do. As a result, we very often have negotiated severance packages and have gotten more than the 21 days to do it. (When they are dealing with a lawyer, the company knows that the deal will get done fairly quickly so they tend to be willing to waive the 21 day period or extend it.) But the key is that you can negotiate your severance package and you should always have an attorney review it BEFORE you sign it to make sure that you are not waiving any claims you might have that are worth more. You should call us or one of the other fine employment lawyers at MEL.
Aaron Maduff

posted Nov 21, 2005 10:08 AM [EST]

Answer to Non-compete taking my life

Non-compete taking my life

Non-compete agreements are rarely enforceable because they are so often overbroad under Illinois law. But it is not uncommon for companies to try. You really need to speak to an attorney, whether it is our firm or one of the other fine employment lawyers here at MEL.
Aaron Maduff
Maduff, Medina, & Maduff
312/276-9000
www.madufflaw.com

posted May 27, 2005 11:28 AM [EST]

Answer to Non-compete issue

Non-compete issue

You do have to be concerned about the non-compete. In our experience, ost non-compete's are invalid for one reason or another. But often, regardless of their validity, we have been known to negotiate with the former employer to get what the new employer needs. Occasionally, where the non-compete is not valid, we can file an action to have a court declare it to be invalid which will alleviate the concerns of the new employer. But I would have to see the non-compete itself and know something abou the two jobs (e.g. specifically what she was doing, how long she was off of work, would she be doing work with any of the same clients, etc.). This is case that you should probably review with an attorney. Feel free to call our offices at 312/276-9000 or any of the other fine employment lawyers listed on this site.
Aaron Maduff

posted Dec 13, 2004 08:15 AM [EST]