If I have a non-compete and change jobs to work for an organization where I’ll be located outside of the 10 mile radius but for a company with locations within the radius, am I in violation of my agreement?

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If I have a non-compete and change jobs to work for an organization where I’ll be located outside of the 10 mile radius but for a company with locations within the radius, am I in violation of my agreement?

I have a non-compete clause in an employment agreement which stipulates I cannot work within a 10 mile radius of my current location.

Asked on January 23, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Most likely you will be in violation, since most non-competition agreements define the geographic radius by the location(s) of the competitor, not the location at which you personally work, so working for a company with locations inside the radius would typically be a breach. That said, that is just a generic answer: every situation is different depending on the exact terms or language of the non-compete (like any other contract, they are governed by their specific language) and by the exact facts; you are therefore advised to consult with an employment law attorney, who can review the agreement with you.


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