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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116727
Experience:  20+ Years of Employment Law Experience
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I have a property casualty insurance agency that was

Customer Question

I have a property casualty insurance agency that was incorporated in 2003. I hired “Lowell” to be the Manager of the agency on June 4, 2012 from State Farm where he was an agent for an agent of the company. (He did not have a contract with State Farm only
with the agent of State Farm) Lowell was a salaried employee not a commissioned agent. Lowell resigned on January 23, 2015 after working for 2 ½ years for my agency. From the start there were indications I was going to have problems with his resignation. His
agreement with me states he will not engage in insurance within 20 miles of my location after his leaving the agency. The agreement has an anti-piracy clause that prohibits him from soliciting employees, current & past customers of the agency. All of which
he has violated. In reality, what can be done. I realize that there is a certain point that litigation is cost prohibitive. To date (September 1 to present) he has directly cost my agency over $3500 in lost premium that I can confirm and probably two or three
times that amount in reality. Suggestions and guidance appriciated.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Also Can you please tell me about any Illinois employee fiduciary responsibility law that may apply to my situation.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

IL has no such "employee fiduciary responsibility law" as employment in IL is at will unless there are written contracts to the contrary. So now you have a contract, he is in breach of the contract by violating both the non-compete and non-solicitation clauses. He would be liable to you for damages for breaching the contract and those damages would not only include your lost profits, but also the attorney's fees and costs for having to sue him for breaching the contract. Thus, it truly is worth suing him over this breach of contract and seeking not only monetary damages, but also seeking a injunction against him which would be a court order prohibiting him from taking any more customers or from continuing to violate the non-compete agreement.

Customer: replied 1 year ago.
Thank you. But, I just cancelled my subscription with
Expert:  Law Educator, Esq. replied 1 year ago.

Well thank you for letting me know before I took the time to provide you the answer to your question, as the experts are not employees of this site and are independent users of the site like you are, we have no way of knowing that information. I wish you the best with your former employee.