MEDI CAL SPAS
BUT ENFORCING THEM IS BECOMING DIFFICULT
For continued employment to be adequate to enforce a period does not begin to run until the date the non-compete agreement on the existing employee, the agreement is signed, even if it is amending a previous employment must last a sufficient amount of time. non-compete agreement.
For example, if a new employee signs a non-compete and the employer fires the individual the next day, it So what does this mean for employers? If a company would not be fair to restrict the employee from uses non-compete agreement for its employees, the competing for years in the future. According to Illinois employee must work for the company for a minimum law, the same may hold true for existing employees of two years. Or the employer must give the employee that sign non-compete agreements.
some additional form of consideration – a signing bonus or a promotion- to support the non-compete
In a recent decision, the Fifth District of the Illinois agreement. Appellate Court held that to enforce a non-compete agreement, “there must be at least two years … of If you are unsure about the enforceability of your continued employment to constitute adequate current non-compete agreements or want advice on consideration.”1 This means that the employee must how to draft enforceable non-compete agreements for be employed, under the terms of the non-compete your employees, be sure to consult with an agreement, for two years before the non-compete is experienced attorney who can guide you through the enforceable against the employee. And the two –year process. ■
1 Diederich Insurance Agency, LLC v. Smith, 952 N.E.2d 165, 351 Ill. Dec 792 (Ill.App. 2011). This opinion came down from the 5th District. Although the Fifth District only encompasses a small part of the state, Courts look to the decisions in other districts when making rulings and thus, this ruling may be followed by other districts in the State. www.medicalspasreview.com
For more information: American Med Spa Association
MEDI CAL SPAS •
IS THERE ADEQUATE CONSIDERATION?