Legal Question in Employment Law in Illinois

Re: employment contract

The language of the contract, as interpreted by Illinois law (assuming Illinois law governs), would control the rights and obligations of the parties. Obviously, without seeing the contract, it is impossible to offer only but the most general observations.

Non-compete provisions and other types of restrictive convenants are enforceable under Illinois law; however, the provisions are narrowly construed by the courts. If the provision is for too long a duration or covers too great of a geographic area, for example, it will not be enforced.

On the other hand, a narrowly drawn provision which legitimate protects the employer's interests without undue or unnecessary interference will be upheld, and an employer would have a right to obtain injunctive relief to enforce the agreement and any monetary damages flowing from the breach.

-- Kenneth J. Ashman; www.AshmanLawOffices.com

This communication is intended for general informational purposes only and is not intended to create an attorney-client relationship, which, under the policies of Ashman Law Offices, LLC, could only be created by the execution of a formal retention agreement.