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Friday, December 23, 2011

Courts - "Illinois Supreme Court clarifies law on noncompete agreements"

Ameet Sachdev's Chicago Law, a column in the Chicago Tribune, reports today in a story that begins:

In an era when workers change jobs frequently either voluntarily or involuntarily, clearly defining the rules of a competitive labor market is paramount.

But in Illinois, there was confusion. The law concerning restrictions that companies routinely place on managers and skilled workers to stop them from working for a competitor was in a state of flux.

The legal uncertainty was bad for both employers and workers. Companies are more desperate to protect their business from rivals when the economy is not growing. But in times of high unemployment, management also has the upper hand. Employees are often in no position to negotiate terms of a covenant not to compete, also known as a "noncompete," which is a condition of employment or a severance package.

Given this backdrop, businesses, workers and employment lawyers eagerly looked to the Illinois Supreme Court to provide clarity. Earlier this month, the court addressed the issue, and restored some balance between an employer's interest in protecting confidential information or customer relationships and the freedom to earn a living.

Posted by Marcia Oddi on December 23, 2011 09:18 AM
Posted to Courts in general