Legal Question in Employment Law in Illinois

I worked for a supplement company for close to 10 months. I signed a non-compete clause after being with the company for 3-4 months. The document I could tell was made up by one the managers and ONLY has my signature, and I am not sure it even has a date. As of 3 weeks ago I was terminated "because it just wasn't working, and you told the new guy why the old manager got demoted." I applied for unemployment and gave them my side of the story and I got awarded with unemployment. They said it was performance based(which is clearly a lie) as I was top 10 in the district every month of my employment except the first 2 months of training. I was recently offered a job at another supplement company and took the job, a current employee said they are trying to enforce the non-compete clause. As for the facts I have give, is the non-compete clause even valid? A. with not witness signature B. it was not signed prior to employment C. I was wrongfully terminated.


Asked on 10/26/12, 12:56 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Hello,

The circumstances which you describe surrounding the validity of the non-compete you signed makes me think the non-compete is legally enforceable against you. There is no need for a witness signature and a non-compete is signed by an employee that is currently employed or about to be employed by the employer seeking to enforce it. Often, these are presented to employees after the employee has started working for the company. You should really consider speaking with an attorney who has experience with these types of contracts. Getting expert advice and possibly negotiating a waiver from the former employer will be money well-spent.

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Answered on 10/26/12, 8:48 am


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