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Non compete contesting not clear

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adjusterjack

Senior Member
He's dealing with his former employer and trying to get the existing non-compete modified because he is having trouble finding work.

I would like to have my lawyer present to review any proposed or suggested changes Lawyers understand Lawyer lingo. I am concern that my employer will view this negative and take a defensive posture and not want to talk. Any thoughts
Yes. Take your lawyer. Don't tell anybody in advance. If your former employer gets defensive and doesn't want to negotiate, your lawyer can tell him what he risks for restraining your ability to work.
 

quincy

Senior Member
He's dealing with his former employer and trying to get the existing non-compete modified because he is having trouble finding work.



Yes. Take your lawyer. Don't tell anybody in advance. If your former employer gets defensive and doesn't want to negotiate, your lawyer can tell him what he risks for restraining your ability to work.
I didn't read his last post very carefully. :)

Martinez is smart to first try to work with his former employer on modifying the noncompete that is (apparently) keeping Martinez from finding employment before he tries to challenge the validity of the noncompete agreement in court.

And because he will be meeting with a former employer instead of a current employer, I agree that there is no good reason to keep Martinez' own attorney from participating.
 

PayrollHRGuy

Senior Member
I missed the wording of the post as well. Or maybe I didn't because in the last paragraph he wrote, "I would like to have my lawyer present to review any proposed or suggested changes Lawyers understand Lawyer lingo. I am concern that my employer will view this negative and take a defensive posture and not want to talk. Any thoughts"

It wouldn't change what I wrote either way.
 
Thank you all for your help its been great. I have one more question. If the non-compete was signed 5 months ago is that enforceable? Based on Illinois courts there appear to be two opinions at least two years from the date signed and another ruling 11 months from the date signed? Does anyone know if 5 month is a reasonable time to uphold a non compete?
 

quincy

Senior Member
Thank you all for your help its been great. I have one more question. If the non-compete was signed 5 months ago is that enforceable? Based on Illinois courts there appear to be two opinions at least two years from the date signed and another ruling 11 months from the date signed? Does anyone know if 5 month is a reasonable time to uphold a non compete?
Whether 5 months is reasonable depends on whether the employer has legitimate business interests to protect that make a 5 month noncompete necessary.

Here is a link to Medix Staffing Solutions, Inc. v. Dumarauf, 17C6648 (N.D. Ill 4/17/2018):

You can read through to find a good discussion on noncompetes in Illinois and what a court will and will not enforce.
 
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