Can a non-compete be enforced if I have been demoted?

I originally signed a non-compete when I was involved in the Engineering department and had almost daily contact with customers and was very involved with development of pricing strategy and process design.

Since that time, due to reorganizations I have not worked in Engineering for the past 10 years and have had almost zero contact with our customers.

My NC states that I cannot work anywhere (worldwide), in any function for anyone that could be considered a competitor.

Given that my status and duties have changed significantly as I am now a Maintenance Supervisor, is the NC enforceable?

Thanks for your consideration of this question.

1 answer  |  asked May 16, 2012 02:51 AM [EST]  |  applies to Illinois

Answers (1)

John Otto
If the non-competition clause is unenforceable, it would probably have more to do with whether it is limited enough in geography and time, rather than the change in duties. Despite the change in duties, it is possible that you have confidential information that would be of use to a competitor. But Illinois requires non-competition clauses to be limited in time (typically, two to three years after your employment ends) and in geographic scope. The problem is, though, that even if you would ultimately prevail in any lawsuit, the company can grind you down with years of litigation. You should have a lawyer look at your specific agreement and review your specific circumstances for a definitive answer.

posted by John Otto  |  May 16, 2012 07:39 AM [EST]

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