Do I have a case against my non-compete?
I am employed by a small executive search firm with 5 members.
I am one of three revenue producing members.
My practice specialty is different than that of the other two revenue producers, one of which is the president of the firm, who has been the main revenue driver.
I signed a non-compete agreement at the beginning of my employment.
I was informed after-the-fact, by the president of the firm, that he has sold it to a private, individual investor (who will not play a management role, only a monetary one) and that he will no longer be affiliated with the firm.
I am inclined to leave and operate independently due to the fact that currently 60% of my revenues go to the firm, which is now owned by someone I don't know who, is outside of our industry and will not be involved with the organization. My business unit operates independently (that is, without necessity of the other members).
Do I have any case against my non-compete?
fyi, I do not have a copy of any of my employment agreements, they were given to the new owner (who resides in a different city) without my knowledge.
Answers (1)
To properly answer your question, an attorney would need to see the language of the agreement and the circumstances surrounding the signing of the contract. Note, however, that the contract must have come with some benefit associated with it, it must have a time limit, and it must contain a geographic limit. However, some states (like Michigan) are pro-noncompete agreements and are more inclined to uphold these contracts. If you are in Illinois, you have a right to see your personnel file under the Illinois Personnel File Review Act. The contract should be in your file. If it is not, write your employer's HR dept. and ask to obtain a copy of it. Then take the copy to an attorney in your state and ask him or her to review it for any potential challenges.
posted by Carol Oshana | Aug 5, 2003 10:12 PM [EST]
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