Is this non-compete enforceable?

I have been working ofr a firm based in Stamford, Ct for last 5 years. For the last 2 years I have been working from home office in Roselle, IL. I have been working on IT Security project for a particular client throughout my career with my present employer.

I have now found an empoyment in IT Security in Rosemont, IL. I had signed the non-compete agreement at the time of my employment. The new company is not in direct competition to the best of my knowledge. I have do not have acess to the lis of competitors.

Following is the text from the non-compete agreement. I would like to know if my present employer has a case against me.

"1. Covenant Not to Compete. Employee hereby agrees that she will not, for a period of two (2) years from the date of Employe�s resignation or termination from the Company, alone or with others, directly or indirectly, own, manage, operate, control, participate in the ownership, with, advise, assist, aid, associate with or be connected in any other manner with any proprietorship, firm, corporation, partnership, joint venture or other entity engaged in a competing business that engages in information security consulting or software production, (the �Company Business�), which solicits, or plans to solicit (by in-person visits, marketing, promotion, mail or telephone solicitation and/or advertising) any existing Company clients or for Company Business for which JANUS is under consideration or competing in Charles Schwab & Co, Inc. and in the United States generally (the �Non-Competition Territory�) at the time of resignation or termination. The Employee may participate in any non-competing business engaged in consulting."

1 answer  |  asked Jan 23, 2007 11:43 AM [EST]  |  applies to Illinois

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Anthony Cameron


Somewhere in your agreement there should be a "choice of law" provision. It should read something like "The parties hereto do hereby agree that this contract/agreement/undertaking shall be construed under the laws of the State of (for example) Delaware"

Also, there may be an "arbitration" clause in the agreement where the parties agree to arbitrate rather than go to court.

Take a look for those two things, post them as a new question and I'll look back in a couple of days.

Anthony B. Cameron
Quincy, IL

posted by Anthony Cameron  |  Jan 23, 2007 5:15 PM [EST]

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