Legal Question in Employment Law in Illinois

Equal employement opportunity

I was terminated by my former employer after 20+ years of service. My attorney negotiated a separation agreement and financial settlement. The agreement, ''supercedes any priot oral and written discussions, agreements and representations made by the parties'' and only addresses ''Non-disclosure and Return of Company Documents.''

My former employer is taking the position that this prevents me from working for one of their competitors with whom I have taken a position.

Question: Does a non-disclosure agreement preclude employement with a competitor if I comply with the non-disclosure agreement?

I look forward to your response.


Asked on 2/10/01, 8:58 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Equal employement opportunity

The answer to your questions depends upon the exact language used in your agreement. The obligation not to disclose certain information (assuming it is already not protected as a trade secret) arises out of contract -- rather than the "common law" -- and, therefore, the rights and obligations are dependent on the exact language used. Without reviewing the contract, it is impossible to advise you on your rights in this regard.

Have you thought to contact the attorney who negotiated the agreement on your behalf? Presumably, he would have a copy of the contract.

-- Kenneth J. Ashman

Ashman & Griffin, LLC

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Answered on 3/23/01, 1:55 pm


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