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  1. #1
    Join Date
    Dec 2008
    Posts
    2

    Default When Does a Non-Compete Contract Expire

    I started working at my old job in 2002...the company grew and they made everyone sign a non-compete contract in 2004 (yes - 2 years later!) or I would be fired, so I signed it anyway...stating:

    Employee agrees that during the period over which it is providing Services and for 3 years following the termination or expiration of this agreement Enployee shall not engage in any activity that is in any way competitive with the business, not shall Employee asist any other person in competing in preparing to compete with any business....

    I left the company in June 2006...my question is the 3 years now ending in June 2009?
    What does "expiration of this agreement" mean? - when is the expiration date if one is not stated?

    What if I wanted to open up my own business almost in the same field as my old job? What does "engage in any activity" mean? Actually making money or can I start all the paperwork on opening up a business?

    Please reply if you can help clear things-up....Thanks!
    LawHelp911 in Illinois

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,961

    Default Re: When Does a Non-Compete Contract Expire

    When you showed the entire document to an attorney in your state so that he could read the paragraph in context, what did he say?

  3. #3
    Join Date
    Dec 2008
    Posts
    2

    Default Re: When Does a Non-Compete Contract Expire

    I did not show it to a lawyer...cant afford one right now....thus posting a thread

  4. #4
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: When Does a Non-Compete Contract Expire

    We can't really comment on a contract/agreement we can't read in its entirety - sometimes the devil is in the details. You really do need to run it by an employment or contract attorney in your area.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    75,925

    Default Re: When Does a Non-Compete Contract Expire

    Without reading the contract, all we can do is stab in the dark. Unless a different term is specified, I would expect the three year term to start as of the date you left that employment. The term "any activity" is very broad, and can be reasonably said to encompass "any activity".

    The larger question is whether a three year term for the contract is reasonable, and that's something you should discuss with a lawyer based upon the full facts and nature of your former employment. Three years is a long time. And "any activity" language is very broad.

  6. #6
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: When Does a Non-Compete Contract Expire

    You do need to take the non-compete to an attorney. Illinois non-competes are enforceable if the terms are reasonable and necessary to protect a legitimate, protectable business interest of the employer. Il. non-competes must also be reasonable in regard to time, territory and activity restrictions.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,961

    Default Re: When Does a Non-Compete Contract Expire

    We also can't respond to a single paragraph out of context because there could be language elsewhere in the document that affects that paragraph.

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