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Are Non Solicitation Agreements Enforceable In Illinois

April 8th, 2021

Answer: No, it is not enough for each party (employers and employees) to voluntarily sign the non-competition agreement. To be applicable in Illinois, a non-compete clause must be supported by some kind of valuable consideration like money, a laptop, employment for a longer period, etc. The court accepted Anzine and rejected Call One`s argument that such alliances were necessary to protect its legitimate business interests. The court found that the restriction would prevent Anzine from attracting former Call One customers who ended their relationship with Call One well over a decade ago. In addition, the provision would prevent Anzine from requesting former current and future Call One clients, with whom she had no personal contact and no personal knowledge. Fortunately, for Call One, the court did not completely invalidate the non-application and opted for a reform. It amended the non-invitation and limited it to the prohibition on inviting (1) potential call One customers or customers on the date of termination of Azine or (2) of Call One`s customers or potential customers for whom Azine was responsible while working at Call One. Here is a video that could help you understand if your non-compete agreement is applicable in Illinois: a non-invitation agreement is only appropriate if it is not broader than necessary to protect an employer`s legitimate business interests. While the courts recognize that employers must protect their legitimate business interests, the courts also recognize the need for a worker to find employment. Therefore, a non-claim agreement, which represents an unreasonable burden on a former employee`s ability to find employment in the same field, may be considered inappropriate. Take, for example, a non-invitation agreement that prohibits any form of advertising. A court might consider that such an agreement is not appropriate, because it is not only too broad, but it also harms the free market.

Such a broad definition of tenders could make it extremely difficult for a worker to find a job in another company or to start his own business in the same field. For this reason, the courts carefully review non-invitation agreements to ensure that they are appropriate. In a recent decision, the Northern District of Illinois continued its trend towards the abolition of employment contracts, this time with respect to a non-formal notice provision that it once considered excessive. In Call One, Inc. v. Anzine, No. 18 C 124 (N.D. ILL. June 7, 2018), has filed a lawsuit against Lori Beth Anzine, a former trade representative who claimed responsibility for the embezzlement of trade secrets. Anzine filed a counterclaim in which she issued a declaratory judgment that the non-invitation contract she signed was unenforceable. Unlike non-competition agreements, courts are more likely to impose non-injunctions because they are generally not considered trade restrictions, but as restrictions that a former employee may apply to. However, like competition bans, non-applicable agreements are only enforceable when a court considers them appropriate.

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