In particular, while the law restricts the use of non-competition clauses against “low-wage applicants”, it is less clear whether the law also applies to no-poof clauses (as stated above, the no-poof clauses aim to limit workers to inviting other employees and/or the employer`s clients, unlike non-competition clauses that aim to prevent a worker from using a competing worker. (1) the employment of the employer). The Illinois Freedom to Work Act applies to all competition bans entered into on or after January 1, 2017, and this law prohibits private employers of any size from entering into non-compete agreements with “low-wage workers” (defined by law as workers who earn less than $13.00 per hour or earn federal minimum wage, national or local). based on what is more important, and declares these agreements “illegal and non-astating”. Prohibitions on debauchery are provisions in employment contracts in which the worker does not appoint valuable clients or collaborators in the event that she leaves the company. A no-pocher agreement can prevent an employee from taking customers/customers, employees, or both. Our chicago lawyers know how these documents work. At Siegel & Dolan, Ltd., a Chicago law firm focused on labor law and executive compensation, we work with clients to ensure they understand agreements and terms of employment that may restrict their rights and ability to earn a living at the end of their new business relationship or existence. Just because a no-pocher agreement may impose some harshness on a former employee does not mean that the agreement is inappropriate or unenforceable. Depending on the parameters of a no-pocher agreement, a former employee may be required to move to another city or state to work in the same field and prevent them from violating their no-pocher agreement.
12. Do all U.S. states have the same right with respect to the legality and enforcement of non-compete rules? But too many Illinois executives and employees feel that not all competition bans are worth the paper they`re printed on. If they do not comply with the restrictions of a non-competition clause on the basis of this belief, they may be unpleasantly surprised to be on the side of the beneficiaries of an injunction and a claim filed by their employer for damages for alleged infringement. Unlike competition bans, courts are more likely to impose bans on debauchery, as they are generally not seen as trade restrictions, but as restrictions that a former employee can address. However, like competition bans, debauchery agreements can only be implemented if a court deems them appropriate. Our lawyers for litigation with prohibition of debauchery can advise Chicago clients on whether a particular agreement is likely appropriate. .