Can a Competitor Commit to Hire You After Your Non-Compete Expires
My question involves labor and employment law for the state of: Illinois
There is a job opportunity at a competitor company. However, I do have a non-compete agreement with current employer. Therefore, I cannot work for the competitor within 12 months after I leave current job. The competitor is willing to hire me in 12 months after I leave current job. My question is below,
Can I get a contract from competitor before I leave current job? The contract will provide a job guarantee for certain number of years that I will be hired by the competitor after I wait out for 12 months to meet the non-compete agreement. Will that contract bleach any law?
In addition, does the competitor have a way to revoke the contract after I leave current job?
Thanks!
Re: Get a Contract to Work for Competitor After Sitting Out the Restricted Period
You can try and get any sort of contract you want. I know I would never guarantee anyone a job starting a year from now.
If you get the contract if they can get out of it would be based on the wording of the contract and how good everyone's involved lawyers are.
Re: Get a Contract to Work for Competitor After Sitting Out the Restricted Period
Thanks for the reply! I assume you mean it is legal to draw a contract with competitor to hire me 12 months later even I am still employed. The wording of the contract is the key then.
BTW, can I share my non-compete document for the competitor company to review?
Re: Get a Contract to Work for Competitor After Sitting Out the Restricted Period
Yes it is legal to make the contract assuming there is nothing in your non-compete barring such a contract. Same goes for sharing the non-compete with the competitor unless it contains some sort of non-disclosure.
One other thing. There are many states that don't look kindly on non-compete agreements. You should probably consult a local lawyer before you do anything else.
Re: Get a Contract to Work for Competitor After Sitting Out the Restricted Period
Just so there is understanding the 12 month clock starts when you terminate employment with the current employer holding the NCA. Your #3 message about "even I am still employed" -- not legal to hire you if you haven't been gone that 12 months but legal to have a contract that they will. But honestly I have to agree with PayrolGuy that it would be an unusual agreement/contract but could see it if you were unique/needed, etc and it was the only way to get you to their company.
Wording is going to be crucial and you need to also think about what happens if YOU can't fulfill the contract on time? Or that you find a different employer in the meantime for those 12 months who might also ask you to sign a noncompete. I'd also be careful of anything that could look like work or payment for or during those 12 months. This is not a DIY project.