Legal Question in Employment Law in Illinois

Can I break my employee non-compete agreenment?

Hi, I was hired by a insurance agency. It's broker. I work there only for customer service, not a licensed agent . As the boss hired me, I signed a non-compete agreement which for 5 years. Right now, I have another opportunity to be a independent agent for insurance and investment with another broker. Can I change my work? Is the 5 year non compete agreement too long?Thanks!


Asked on 12/31/07, 12:19 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: Can I break my employee non-compete agreenment?

You can argue that the terms of the agreement is onerous and unfair. 5 years is so excessive, a court could hold that it is unfair and either strike it or modify the terms.

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Answered on 1/04/08, 2:27 am
Zedrick Braden III Ainsworth & Associates PC

Re: Can I break my employee non-compete agreenment?

Hello and Happy New Year! Since you work in customer service I believe you

can argue that the non-compete clause technically does not apply to another position where you would be an actual broker. However, the type of language that is contained in the non-compete clause will be the controlling factor should your present boss file a lawsuit against you for taking this new job. I suggests you have a lawyer look at the non-compete clause. Don't go this alone. Get professional help. I will be happy to answer any additional questions that you may have concerning this matter.

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Answered on 12/31/07, 8:56 pm


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