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Roger, Attorney
Category: Business Law
Satisfied Customers: 31766
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Follow up to previous question and answer We live in IL.

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Follow up to previous question and answer: We live in IL. The owner is refusing to give us a copy of the agreement. We never received a copy from the day we signed as promised.

He lowered prices, made very sexual comments to my wife in front of his employees and on numerous occassions refused to unload our product which caused us to lose business for the next day.

Here's what the Illinois Supreme Court has said about non-compete agreements:

Despite the strong presumption against restraints of trade, however, a covenant not to compete in an employment contract is enforceable if it is strictly limited in time and place and if it is otherwise reasonable when one considers the interests of the employer and its effect on the employee. ( Uni-Worth Enterprises, Inc. v. Wilson (1979), 244 Ga. 636, 261 [***7] S.E.2d 572) Conversely, "[a] non-competition covenant which prohibits an employee from working for a competitor in any capacity, that is, a covenant which fails to specify with particularity the activities which the employee is prohibited from performing, is too broad and indefinite to be enforceable." National Teen-Ager Co. v. Scarborough (1985), 254 Ga. 467, 469, 330 S.E.2d 711, 713.

I believe you've got a good chance to cancel the agreement on its time limit. Also, the actions of your employer may give you some ammunition to challenge the agreement under the "otherwise reasonable with regard to the employee's interest." If the employer is acting inappropriately, the court could cancel the agreement on those grounds.

Talk to an attorney about filing a petiiton to cancel the non-compete agreement. I think you've got a good cause of action.

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