Legal Question in Civil Litigation in Illinois

employment contract
8 months into my employment my employer required me to sign a contract that I would not work for any of their clients for one year. They are a medical billing company. another company (not medical billing) rented space from them and I helped out with the a/r for them part time as well as doing medical billing. The company that was renting space decided to leave and placed an ad in the paper for employment help. I called and talked to them and was offered the job. Since they were not a medical billing company and it was a substantial pay increase I accepted. My former employer then held my final check in retaliation. I contacted Illinois dept of labor and filed a wage claim. They collected my final pay. then today I get a call from a lawyer threatening to sue me if I do not quit my new job immediately. He said it was because I was in breach of my contract. Do I have a chance at keeping my new job or do I have to quit?

Asked on 8/27/07, 10:01 pm

2 Answers from Attorneys

Noelle Ansley Noelle Ansley

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Re: employment contract

It is unlikely, under the facts you've described, that you are in violation of the non-compete agreement. More than likely your former employer is trying to scare you into coming back, or is just bitter about losing you (that's borne out by the withholding of the last paycheck -- glad you got that paid). If you want to alleviate any doubts in your mind, you should consult an attorney and have him/her review the non-compete agreement to make sure you are safe. Also, there's nothing to stop your former employer from suing you anyway even if he is in the wrong. If you contact a lawyer now you will have someone ready to defend you if your old boss makes good on his threat.

Good luck.

Answered on 8/28/07, 11:20 am

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