Noncompete in Illinois

[stom04658]

Thanks for everyone help.

 

[stom04658]

One more question. My employer is being difficult and will not adjust or dismiss the non compete. I spoke to an attorney and he says I should file a lawsuit to push a preliminary injunction. But the cost is way up there I have to come up with a $10K retainer. Any thoughts my employer is using [name of law firm removed] as their law firm I hear they are tough,

 

[quincy]

One more question. My employer is being difficult and will not adjust or dismiss the non compete. I spoke to an attorney and he says I should file a lawsuit to push a preliminary injunction. But the cost is way up there I have to come up with a $10K retainer. Any thoughts my employer is using XXX as their law firm I hear they are tough,

Your employer does not have to "adjust or dismiss" the noncompete just because you don't like it.

I am not sure why your attorney suggested a preliminary injunction.

We cannot evaluate law firms on this forum. Sorry.

 

[stom04658]

I understand they do not have to agree that is not my question that was my statement. My attorney recommended a preliminary injunction so it could get through the court system faster and I can work in the meantime while we fight in court. My question is does anyone know if a preliminary injunction is really that much different from a regular lawsuit.

 

[Zigner]

You are represented - you should ask your attorney. Just note that asking for and actually obtaining a preliminary injunction are two entirely different things. To get a preliminary injunction, you have to show that you have a chance of winning your case. (That's just a simplistic way of saying it.)

 

[stom04658]

OK thanks, I ask my attorney but cost me $$ for every call or email that is why I asked on the forum.

 

[quincy]

I understand they do not have to agree that is not my question that was my statement. My attorney recommended a preliminary injunction so it could get through the court system faster and I can work in the meantime while we fight in court. My question is does anyone know if a preliminary injunction is really that much different from a regular lawsuit.

A preliminary injunction for what?

 

[stom04658]

According to him is to allow me to work. Then fight the non compete.

 

[stom04658]

The legal system is so confusing and lawyers are also confusing. All I want to do is work. I do not want to get any money. I need a way to support my family I had two days to review my non compete and sign it. its been 5 months I was under the impression Illinois you have to work 2 years from the signed non compete in order to be enforceable.

 

[stom04658]

Seems I cannot find two people to agree on Illinois law regarding non-compete.

 

[quincy]

Seems I cannot find two people to agree on Illinois law regarding non-compete.

The enforceability of a noncompete agreement depends on the specifics - the specific terms of the agreement between employer and employee, and the specific conditions under which the employee was employed by the first employer and the specific conditions under which the employee will be employed by a new employer.

I am not understanding the preliminary injunction. Are prospective employers refusing to hire, or is a current new employer threatening to terminate employment, because of the existence of an old noncompete agreement?

I recommend you rely on information and advice from your attorney because your attorney knows your situation.

Good luck.

 

[stom04658]

Thanks

 

[quincy]

Thanks

You're welcome, stom04658. Thanks for the thanks.

Good luck.