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
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?
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 :)
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.
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.
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.
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.