Illinois Non-Compete Agreement Lawyers
Non-Compete Agreement Attorneys Serving Cook County and Chicagoland
Few employment law issues causes more confusion and uncertainty than non-compete agreements. Although the courts in Illinois have attempted to provide guidance on the enforceability of these provisions, the waters remain murky for both employers and employees. If you are thinking of entering into a non-compete agreement, or if you have already signed a non-compete clause, it is important to contact a skilled attorney specializing in non-compete agreements. At Newland & Newland LLP, our employment law attorneys have experience in representing both employers and employees, and will advise you on the latest case law affecting the enforcement of non-compete agreements. Contact us today to discuss your specific situation.
Non-compete clauses often are held unenforceable because they violate public policy. Essentially, courts are reluctant to impede a person’s ability to pursue lawful employment. However, there are many situations in which non-compete agreements are valid and enforceable in Illinois. In recent years, the Illinois courts have set forth guidelines that seek to balance the company’s right to protect its business interests against the individual’s right to seek employment. A non-compete clause has to be reasonable to be enforceable. In determining reasonableness, a court will look at the geographic scope and duration of the non-compete, as well as the type of activity from which the employee is restricted.
A non-compete clause is more likely to be deemed reasonable and enforceable if the geographic area is small, the duration is short, and the restricted activity is relatively narrow in scope. The rulings from the Illinois courts need to be carefully analyzed and applied to each individual situation. Our employment law attorneys will gather the facts of your specific employment situation and ensure that the terms of your non-compete agreement are drafted and negotiated to meet your best interest. If a non-compete agreement already has been signed, we will advise you on the best step forward, and then aggressively pursue appropriate action, including litigation if necessary.
The employment lawyers at Newland & Newland LLP have years of experience in drafting, negotiating and enforcing non-compete agreements for both employers and employees. If you are seeking guidance on a non-compete provision in Illinois, contact us today for a consultation.