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Non-Compete Statute of Limitation

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?

1 answer  |  asked Jul 22, 2003 3:28 PM [EST] in Employment Law  |  applies to Illinois

Unlock Non-Compete Agreements: Keys to Escape

Answers (1)

Aaron Maduff
Non-Compete Statute of Limitation

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.
Aaron Maduff

posted by Aaron Maduff  |  Jul 22, 2003 9:01 PM [EST]