Why does a non-competition agreement have to be «supported by a quid pro quo» when both parties sign the agreement? Isn`t contractual freedom enough? 3. Why do some Illinois courts argue that mere «rental» may not be a sufficient legal consideration to support a non-compete agreement? As far as confidentiality clauses are concerned, certain information is legitimately confidential and deserves to be protected (. B, for example, the coke formula), but employers often claim that everything a worker has heard or seen during his or her employment (including the color of the sink) is confidential. This is often used by an employer as a backdoor way of trying to prevent an employee from working for a competitor – which, by its very nature, is a trade restriction. Such a phrase, which employers sometimes use in this regard, is «inevitable disclosure» (which is a simple phrase for an employer who can be kicked out, but not just a right for the employer to continue). Illinois recently passed a new law that protects «low-wage workers» from the trend. That employers lift competition bans (defined above) to prevent these workers from moving and getting new jobs in their professional sectors – which has often had the objective and effect of keeping wages low because these workers were less able to leave their jobs and go to the market to get new jobs that used their most marketable skills (the skills they had acquired). A non-competition agreement must be sufficiently limited in space to be applicable. The basic rule is that the agreement can cover all geographic areas in which the employer is currently operating or directly considering doing business.
This can be a five-mile radius, it can be the state of Illinois, or it can cover the entire United States, depending on the extent of the employer`s activity. If the agreement is not limited in space or if the geographical scope is not limited to areas where the employer has a legitimate commercial interest, the agreement cannot be applicable. Sometimes there is a missing language in the employment contract that should be correctly included in the contract – and I can often correct the situation directly (through an interview with the employer/employer`s lawyer) or indirectly (by my client speaking with the employer) and protect my client. Some employers try to force workers not to sign a non-competition obligation until the worker has worked for the employer for a long period of time and, in certain circumstances, such an agreement does not engage the employee. Mr. Cloutier`s practice focuses on all areas of labour and labour law, with a focus on work-related litigation and proactive advice to corporate clients. He is an experienced lawyer with pre-trial experience before the state and federal trial… All agreements must be supported by independent reflection, that is, to get something in exchange for your promise to respect the agreement. Most of the time, the offer is sufficient to rent in return for the acceptance of the non-competition agreement. If you are already hired and a non-compete agreement is offered to you, continued employment with the employer or a cash payment may also be acceptable.