If my non-compete clause has expired, amI bound to it in any way?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my non-compete clause has expired, amI bound to it in any way?

Approximately 3 1/2 years ago I signed an independent contractor agreement with a dog walking company. It has a non-compete clause that states for 2 years after this date I cannot open my own company or walk for another company. For the last year I have not been paid on time and I have been given several payroll checks that have bounced. Can I open my own dog walking business now that the 2 years have passed?

Asked on February 12, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a contract or agreement has an expiration date, then once that date expires, it is no longer binding.

Furthermore, when somone is party to a non-competition agreement, the material breach by the other party of its obligations will often provide a basis to terminate the agreement--this is to prevent people from signing others to non-competition agreements and then not hiring or employing them, leaving them unable to earn a living. In this case, the failure to be paid properly might have let you out of the agreement even if it had not expired.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption