Is this non-compete still valid?

I started with my company as a computer consultant in 1999. I was verbally told there wasn't a non-compete to sign the day I was hired. A year later I was asked to sign one in consideration of a salary increase and benefits package. I've been placed at the same client ever since. I now want to work for this client as an employee because they are abolishing all consultant positions. My non-compete states I cannot work for this client. Since I signed the non-compete I've taken a salary deduction and the benefits package has been slashed. Would I not have to sign a new non-compete for this to be valid?

1 answer  |  asked May 29, 2003 4:24 PM [EST]  |  applies to Illinois

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Answers (1)

Aaron Maduff
Is this non-compete still valid?

The short answer is that it likely would not prevent you from taking the position even if it is valid from what I have heard. However, I would want to take a close look at the non-compete agreement and the rules at the company you want to work for. As a general rule, non-compete agreements are going to be valid of they are reasonable in the geographic coverage, time, and kind of work they prohibit. However, in this case, it appears that perhaps you would not be competing with them if the company is not using consultants. This depends in large measure what the non-compete says. But in the long run, an attorney can often negotiate a resolution which would permit you to take the job, particularly if your current employer has nothing to lose.
Aaron Maduff

posted by Aaron Maduff  |  May 30, 2003 12:22 PM [EST]

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