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Non-Compete Archives

Provisions of Non-Compete Law Apply to No-Solicitation of Employees Restraints

It is common, if not standard, for most non-compete agreements to contain a clause that prohibits the covered employee from soliciting current employees to terminate their employment in order to accept employment with a competitor. In essence, it prohibits the departing employee from raiding his/her former employer's valued employees. Until recently, the courts have never determined whether such constraints are subject to the requirements of Wis. Stat. § 103.465, which governs the enforceability of non-compete agreements. It now has, and they are.

Illinois Appellate Court Changes the Rules on Non-Competition Agreements: Are Your Agreements in Compliance?

Just when you thought it was safe to enforce those restrictive covenant agreements, the Illinois Appellate Court, 1 st District, throws a change-up. The Illinois Court of Appeals recently ruled that (under certain circumstances) when an employee is hired and signs a restrictive covenant agreement, the employee must be employed for 2 years, in order for the agreement to have sufficient consideration.

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