I was curious as to whether there is a statute of limitations on Non-Compete agreements.
I have a one year non-compete agreement which expired a few weeks ago. During the one year time of my non-compete I was involved in a competing business. Now that my non-compete agreement has expired my previous employer has threatened action because they say that even though they were not aware of it at the time that I violated my non-compete. Can they "retro-actively" pursue the non-compete agreement?
This is not a matter of retroactively pursuing the non-compete. If you violated it, they have several years to file a complaint for violation of a contract (the non-compete being a contract). However, most non-compete agreements that we see are unenforceable for being to broad or otherwise unconscionable. Therefore, just because you may not have a statute of limitations defense doesn't mean that you don't have other defenses. I would strongly advise consulting an attorney whether it is our office or one of the many other fine lawyers in Illinois that you will find here.
posted by Aaron Maduff | Jul 22, 2003 9:01 PM [EST]