Legal Question in Employment Law in Illinois

Contract unsigned by either party - Is it valid?

My current employer presented me with a contract that states non-compete language, as well as contract termination clauses. I am interested in the termination stipulations if the contract is at all valid. The contract states that I must give 3 months notice prior to leaving. However, there is a clause in the contract stating that it is deemed invalid if I don't show up for work for 5 days, consecutively or non-consecutively. Here are my questions.

1. Is the contract valid?

2. If so, since there are no penalties outlined in the contract, what are the possible penalties that could be put on me?

3. If I do not put in a letter of resignation, and don't show up for 5 days, am I free and clear?

Thank you for your prompt responses.


Asked on 1/09/04, 1:04 pm

1 Answer from Attorneys

Kenneth J. Ashman Ashman Law Offices, LLC

Re: Contract unsigned by either party - Is it valid?

It is impossible to offer an opinion on the validity and enforceability of a written contract without reading it. If you would like, you may forward a copy of it to my firm, which we will review and advise you for a fee.

-- Kenneth J. Ashman; www.AshmanLawOffices.com; [email protected]

The information provided by Ashman Law Offices, LLC (�ALO�) is for general educational purposes only. No attorney-client relationship is established by this communication and no privilege attaches to such communication. ALO is not taking and will not take any action on your behalf and will not be considered your attorney until both you and ALO have signed a written retention agreement. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you desire the services of an attorney and decide not to retain ALO on terms acceptable to ALO, you should immediately seek the services of another attorney.

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Answered on 1/10/04, 11:37 am


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