{"id":7206,"date":"2019-08-01T10:00:31","date_gmt":"2019-08-01T10:00:31","guid":{"rendered":"https:\/\/www.robertkreisman.com\/injury-lawyer\/?p=7206"},"modified":"2021-06-07T21:48:42","modified_gmt":"2021-06-07T21:48:42","slug":"illinois-appellate-court-affirms-dismissal-of-cook-county-lawsuit-as-former-employees-noncompete-contract-was-unenforceable","status":"publish","type":"post","link":"https:\/\/www.robertkreisman.com\/injury-lawyer\/illinois-appellate-court-affirms-dismissal-of-cook-county-lawsuit-as-former-employees-noncompete-contract-was-unenforceable\/","title":{"rendered":"Illinois Appellate Court Affirms Dismissal of Cook County Lawsuit as Former Employee\u2019s Noncompete Contract Was Unenforceable"},"content":{"rendered":"

Within a year of when Michael Booth signed an employment agreement that had a non- competition clause, he resigned as president of Axion RMS<\/a> and then went to work for a competitor. It was also alleged that, after leaving Axion RMS, he started luring away former colleagues. Axion sued Booth for the alleged violation of the non-compete contract.<\/p>\n

A circuit court judge dismissed the case because (1) the alleged consideration for the restrictive covenant was Booth\u2019s continued employment, and (2) several Illinois Appellate Court cases require, as a bright-line rule, two years of subsequent employment to qualify as adequate consideration for such provisions.<\/p>\n

The circuit court judge also denied Axion\u2019s request for leave to file an amended complaint that cured this problem (by alleging that the consideration for the non competition agreement included a boost in Booth\u2019s salary, from $300,000 to $500,000 a year; his receipt of shares in the business; plus a promotion to president from vice president of sales).<\/p>\n

Continue reading<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"

Within a year of when Michael Booth signed an employment agreement that had a non- competition clause, he resigned as president of Axion RMS and then went to work for a competitor. It was also alleged that, after leaving Axion RMS, he started luring away former colleagues. Axion sued Booth for the alleged violation of […]<\/p>\n","protected":false},"author":795,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"enabled":false},"version":2}},"categories":[134,83,170],"tags":[],"class_list":["post-7206","post","type-post","status-publish","format-standard","hentry","category-commercial-litigation","category-corporate-law","category-noncompete-contracts"],"yoast_head":"\nIllinois Appellate Court Affirms Dismissal of Cook County Lawsuit as Former Employee\u2019s Noncompete Contract Was Unenforceable — Chicago Injury Lawyer Blog<\/title>\n<meta name=\"description\" content=\"Within a year of when Michael Booth signed an 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