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How to Escape from a Non-Compete Agreement

On Behalf of | Apr 25, 2014 | Firm News

When an individual is pursuing employment opportunities, it is imperative to consider how a non-compete agreement will affect them if they decide to leave.  Escaping non-compete agreements in today’s business environment is not as simple as it used to be.  Many courts now uphold these agreements in favor of the employer unless it can be proven that doing so will permanently prevent an individual from obtaining gainful employment in their area of training or expertise.

The Illinois laws do set limitations on the non-compete agreements, and having your Illinois employment law attorney review your non-compete before you sign it will give you an opportunity to negotiate the terms that protect you as well as your potential employer.

Some courts may declare an employer’s non-compete agreement invalid based upon the wording being too ambiguous and restrictive, and mandate that the employer cease the use of that specific non-compete agreement.

Conditions for a Ruling for Non-Compete Agreements in IL

Courts typically rule in favor of the employer if:

  • An employer provides compelling evidence they are protecting the best interests of their company by preventing an employee from competing against them.
  • The employer must protect their business’s best interest which should be considered equal to an employee’s rights.
  • By signing the non-compete, the employee was given the advantage of obtaining information, and/or training they otherwise would not have received.

IL Employment Law Attorney Representation

If your prospective employer has requested that you to sign a non-compete agreement as a condition for employment, contact an IL employment law attorney at Goldman & Ehrlich to learn more about negotiating your non-compete agreement before you sign it.

Chicago Sexual Harassment Laws

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment in the workplace is defined as “any unwelcome sexual advances, requests for sexual favors, or any conduct of a sexual nature when 1) submission to such conduct is either explicitly or implicitly made a term or condition of employment, and 2) submission to or rejection of the conduct is used as a basis for making decisions about your employment; or 3) such conduct interferes with your job performance or creates an intimidating, hostile, or offensive working environment.”

The State of Illinois has carried the EEOC mandate a step further by passing the Illinois Human Rights Act which went into effect July 1, 1980, and requiring all employers “ who are public contractors and bidders to have a written policy which states that sexual harassment is illegal.”  The Illinois Human Rights Act of 1980 acts in conjunction with the Americans with Disabilities Act of 1973, both of which are enforced by the Illinois Department of Human Rights.

How to Report Sexual Harassment in the Workplace:

  • First let the person harassing you know that you want their conduct to immediately cease, and that you are offended by this type of attention.
  • Document every detail in writing, including where it occurred, when it occurred, any witnesses present, and any remarks made by all those involved.
  • Document any threatening remarks, even those implied, that threatened your job, or your education.
  • Discuss your concerns with other co-workers you believe to be trustworthy to determine if they would be willing to act as witnesses on your behalf.
  • Report the incident(s) to your supervisor providing he/she is not the person harassing you.
  • Report the incident(s) to the human resources department.
  • If the conduct of the person sexually harassing you is threatening and could possibly escalate to a criminal offense, report it to law enforcement.

If you have been, or are being sexually harassed, contact a Chicago employment lawyer at Goldman & Ehrlich today for a free consultation to discuss you legal options. Do not suffer alone. We want to help you remedy the situation.

What Does Drug Testing Look Like in Illinois?

To encourage and promote drug-free work environments, the State of Illinois has passed specific laws and mandated strict regulations to ensure employers participating in the drug-free work environment are monitored by the American Disability Act and the Illinois Human Rights Act.

Some of the drug testing statutes in Illinois consist of the following:

  • Employers receiving grants or work contracts from the federal government, including public, private, non-profit organizations, or government employers.
  • A potential employee can be drug tested providing they have been given a conditional job offer based upon the drug testing results.
  • Any employer that receives funding from the federal government must require drug test of all potential employees.
  • Employers desiring to receive the funding to promote their drug-free work environment must comply with specific rules that include posting or publishing a notification of their policy for a drug-free work environment.  In addition, employer’s receiving funding must set up an awareness program delineating the harmful effects of drugs.
  • Employers must provide a written policy of drug-free regulations to each employee and post a copy of the regulations where all employees will have access to it.
  • Employers must provide a written statement of the penalties imposed for failure to pass a drug test.
  • Employees testing positive for drugs or alcohol must be given the opportunity for rehabilitation, counseling, and treatment.
  • Potential employees who fail the drug tests will have their job offer withdrawn.

The drug-free work environment program was established to protect both the employee and the public from serious and sometimes fatal injuries caused by employees engaging in dangerous behavior induced by alcohol or drugs.

Chicago Employment Counsel

Contact a Chicago employment attorney at Goldman & Ehrlich to discuss the benefits of establishing a drug-free workplace program in your company.