Can my employer enforce a non-compete agreement if I leave them due to their changing of the location that I was hired to work at?

UPDATED: May 12, 2011

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Can my employer enforce a non-compete agreement if I leave them due to their changing of the location that I was hired to work at?

I am under a non-compete with IL casino employer, but they have relocated my position to one of their far away locations in another state. This was never discussed as a possibility when I was hired. I have now been offered the same type of job at another casino. Could my employer still successfully enforce the non-compete agreement, even though they are requiring me to work at a location that I was not originally hired to work at?

Asked on May 12, 2011 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

For a definitive opinion, you need to consult with an employment attorney who can evaluate the non-competition agreement and the specific facts in detail. As a general matter, you may have grounds to not be bound by the non-competition agreement:

1) Non-competition agreements are generally not binding when someone is terminated (the employer can't prevent you from working elsewhere, then fire you), unless specifically negotiated as part of a severance, etc. package.

2) Being transfered to another state is usually grounds to be considered to have been "constructively discharged"--i.e. the employer made it impossible to do the job you were hired for (which is at a certain location) and thus you were effectively fired.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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