Is there a loop-hole in this non-compete?

I am looking for another job in the same automotive field. My old job delt with aftermarket car parts and the new job does too. The new job is an up in coming company. Here is a copy of the non-compete. Is there a way out??? Please help..... Thank You.

For good consideration and as an inducement for Automart International to employ _________________________ (Employee), the undersigned Employee hereby agrees not to directly or indirectly compete with the business of the Automart International and its successors and assigns during the period of employment and for a period of 3years following termination of employment and notwithstanding the cause or reason for termination.

The term "not compete" as used herein shall mean that the Employee shall not own, manage, operate, consult or be employed in a business substantially similar to, or competitive with, the present business of the Company or such other business activity in which the Automart International may substantially engage during the term of employment.

The Employee acknowledges that Automart International shall or may in reliance of this agreement provide Employee access to trade secrets, customers and other confidential data and good will. Employee agrees to retain said information as confidential and not to use said information on his or her own behalf or disclose same to any third party.

This non-compete agreement shall extend only for a radius of two hundred miles from the present location of Automart International and shall be in full force and effect for 3 years, commencing with the date of employment termination.

This agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns, and personal representatives.

2 answers  |  asked Jan 6, 2012 9:07 PM [EST]  |  applies to Illinois

Unlock Non-Compete Agreements: Keys to Escape

Answers (2)

Alejandro Caffarelli
If you are interested in scheduling an initial over the phone screening, please do not hesitate to contact me directly to arrange a date and time for a screening.

If you have any questions, or if you would like to schedule a consultation, I may be reached at (312) 540-1230.

posted by Alejandro Caffarelli  |  Jan 9, 2012 08:46 AM [EST]
John Otto
To be enforceable a non-compete agreement must be reasonably limited in time and geography. The time seems reasonable, but you might have a basis to attack it on the grounds that 200 miles is not reasonable. I cannot give you a definitive answer without more facts. You should see an attorney in your area for specific advice on how to proceed.

posted by John Otto  |  Jan 7, 2012 3:13 PM [EST]

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