My non-compete says I can do no work I did with my ex-employer anywhere in US. Is it enforceable?

My non-compete states that I cannot do any of the work that I performed for my former employer (engineering), anywhere in the United States for the period of one year. I did not quit, I was laid off.

Economic conditions are such that transitioning out of thus area of work are nearly impossible for me.

I have not been given any trade secrets, no training outside of what is common knowledge in the profession, and have no pressent access to client lists. I do not plan to knowingly solicit business from past clients, and the client base for this business is common to everyone in the business, that is, most clients use a number of these businesses concurrently.

I plan to work outside of Illinois, 1000 miles distant. Although my former employer does business throughout the US, the new employer is mostly in a small region.

3 answers  |  asked Apr 22, 2010 9:16 PM [EST]  |  applies to Illinois

Answers (3)

Kristen Prinz
It depends on the specifics of the agreement. An attorney would have to review the language to advise you how to proceed. If you have questions or would like to retain an attorney, please call my office at 312-212-4450.

posted by Kristen Prinz  |  Apr 23, 2010 11:09 AM [EST]
Alejandro Caffarelli
If you are interested in scheduling an initial consultation to look over you non-compete, please do not hesitate to contact my assitant directly to arrange a date and time for a consultation. Our attorneys charge $190 for a consultation.

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

posted by Alejandro Caffarelli  |  Apr 23, 2010 08:46 AM [EST]
John Otto
Is it limited in time? Illinois courts say that noncompetition clauses, in order to be enforceable have to be limited in time and in geographic scope. If it's unlimited in time or for an unreasonable length of time, I would say it's a safe bet that it will be nonenforceable. But, a lawyer would have to look at the language of the actual contract in order to give you good advice.

posted by John Otto  |  Apr 22, 2010 10:15 PM [EST]

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