Am I required to sign a secondary non-compete after signing a first one only 14 months earlier?

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Am I required to sign a secondary non-compete after signing a first one only 14 months earlier?

I am currently in an IT sales position that I started approximately 14 months ago. The sales offices has been unstable and a lot of the more tenured sales people are considering leaving soon. Today they gave new non-competes to only certain people in the office and stated that they received the wrong ones originally when they were hired. The company is based out of CA and we were told we received and signed the CA non-compete, not the IL non compete, the state we are employed. The employees all are top sellers. Is this legal?

Asked on June 22, 2011 under Employment Labor Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I would take both agreements to an attorney in your area to see if they differ greatly and why and then make sure that the new agreement voids the old.  How the courts view non-compete agreements vary from state to state and the one that you signed previously may not be enforceable in Illinois.  Generally speaking,Illinois courts do not look favorably on non-compete agreement and first off consider them void as against public policy.  However, the courts have recognized that an employer ha a right to protect trade secrets and if the employee - you - has access to those trade secrets then you can be limited through a non-compete.  Seek help.  Good luck. 


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