Former Employer Not Adhering to Their Non-Compete Agreement

I signed a non-compete with my former employer. I am in the 3rd month of a 24 month non-compete. The non-compete stating that I would be paid a specific amount of money for the duration of the non-compete agreement. Last month the check they sent me bounced. They told me that they were in the process of switching banks, which to me means they admitted to sending me a "bad" check. I received a cashiers check to replace that check almost 3 weeks later. However, they did not include the $5 fee my bank charged me for their check bouncing. It is now the 26th of this month and I have not received payment for this month. Legally would this allow me to have the non-compete removed since they are not adhering to their part of the agreement?

1 answer  |  asked Aug 26, 2015 1:30 PM [EST]  |  applies to Illinois

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Answers (1)

Neil Klingshirn
You need to consult an Illinois employment attorney to answer you question, but I recommend that you do so. If you were in Ohio and your non-compete was governed by Ohio law, a material breach by the employer of a term contained in your non-compete agreement can act as a defense to a suit for breaching the non-compete, or it can give you the option to rescind the contract.

The laws of various states are generally similar, but not identical. Therefore, while I believe it is likely that Illinois law would have a similar result, you need to talk to an Illinois employment lawyer to learn that for certain.

posted by Neil Klingshirn  |  Aug 26, 2015 2:45 PM [EST]

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