Non-Compete, IL worker with MD laws

I work for a Comp A insurance company in IL and signed a non-compete clause which follows MD laws. Anyway it advises that I can't work for the same type of company who competes against them currently. I can't solicit, sell or license similar products. Now I currently don't sell any of their products. I only provide the pricing for the salesperson to sell and am sometimes get involved in the negotiations.

The contract is enforced for 6 months after termination by me or my employer, and for an area within 75 miles of my work or home. I work for a very small company that only has a 1% market share and office in IL and MD. I want to take a job with a comp B-national insurance comp with offices in 50 states. The office I would work in would be within the area but I would not be working on any business that competes against my current company as I would be working on cases outside of my state. Even if the case was to come into our office it could be assinged to another empoyee.

Is the clause still enforceable if I took this job?

What if I went to for Comp B in an office outside my home or current office location?



1 answer  |  asked May 14, 2004 8:05 PM [EST]  |  applies to Illinois

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Answers (1)

Aaron Maduff
Non-Compete, IL worker with MD laws

At the outset, I have to note that we are not licensed in Maryland and not familiar with the specifics of Maryland law. That said, typically non-compete agreements will only be enforced by the courts if they are reasonable both in their geographic range and their lifespan. Usually, that time element relates to how long it will take the company to recover clients it had. If you are not doing anything that can injure the former employer, it is unlikely that the former employer will sue you because it will cost them to do so and its likelihood of success is not real strong. But I would need far more information to understand the specifics of your case. You should call us or one of the other fine employment lawyers listed on this service.
Aaron Maduff

posted by Aaron Maduff  |  May 15, 2004 10:51 AM [EST]

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