Does the employer have a legitimate interest that it protects by the non-compete agreement? Starting in 2017, Illinois has banned non-compete bans on employees earning less than $13 an hour.   Unlike other jurisdictions that follow the general rule that the review is of importance only to determine whether it exists and not whether it is appropriate, Illinois will verify the adequacy of the consideration.  The majority of courts will need service employment for at least two years to support a non-competition agreement (or any other type of restrictive pact). However, in some cases where a worker is particularly severe, the courts have demanded less. “The Rocket Lawyer site is easier to use than any library of documents I`ve found online. This is one of the best resources I recommend because they are excellent what they do. The application of competition agreements is part of a broader trend where employers are forcing their workers to sign a large number of restrictive contracts as a condition of employment. In addition to competitive competitions, another restrictive common contract is a mandatory arbitration procedure, a controversial practice in which companies require employees to commit to resolving all disputes with the company. Mandatory arbitration agreements effectively prohibit workers from taking legal action rather than forcing workers to resolve labour disputes in individual arbitration that overwhelmingly favours the employer.12 The survey data used in this study conclude that more than half (53.9%) 13 Sense. Todd Young (R-Ind.) and Chris Murphy (D-Conn.) introduced the Workforce Mobility Act of 2019, which prohibits the use of non-competition in almost all situations, with minimal and reasonable exceptions – for example for owners and executives when selling a business.18 The bill expressly authorizes employers to protect trade secrets by requiring workers to sign agreements in order not to reveal these secrets.
The bill also provides for civil fines of $5,000 per week of violation and creates a private right of action with damages and legal fees available for successful lawsuits. In addition, the bill contains provisions on public relations and public education, which require employers to issue notices and require the Minister of Labour to conduct public relations. If this multi-party law were to be passed, it would put an end to the misuse of competition agreements across the country. A company`s investment in its employees, customer relationships and confidential information is too valuable to face unfair competition. MacElree Harvey`s lawyers can help you check your non-competes and develop agreements tailored to your business needs. To agree on a consultation, contact Harry J. DiDonato at 610.840.0237, Robert A. Burke at 610.840.0211 or a member of our business law team. This survey allows us to estimate the proportion of companies in which all workers are subject to non-competition obligations and the proportion of firms in which at least some workers are not competitive. Below we report on these estimates for the private sector as a whole and by company size, state, industry, average wage level and typical level of education.