Fifield v. Premier, 2013 IL App (1st) 120327 is rightly regarded as a watershed case in Illinois employment and non-compete law circles for squarely stating that two years of continuous employment is the required consideration to support a non-compete agreement in an at-will setting. Prairie Rheumatology Associates, SC v. Francis, 2014 IL App (3d) 140338 represents an appeals court’s …
Tag Archives: Non-compete
The Corporate Opportunity Doctrine: An Illinois Primer
I typically encounter a corporate opportunity issue (a claim that a defendant usurped a corporate opportunity) in situations where a former employee goes to work for a competitor and the ex-employer claims the employee is exploiting a business opportunity he learned of solely through his association with the employer. The employer will usually sue for …
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No Disparagement Or Non-Compete Means No Injunction – IL Court
In Xylem Dewatering Solutions, Inc. v. Szablewski, 2014 IL App (5th) 140080-U, the plaintiff corporation sued some of its ex-employees after they joined a competitor and started raiding plaintiff’s office staff. The trial court denied plaintiff’s request for an injunction and then it appealed. Result: Trial court’s order upheld. Plaintiff loses. Reasons: To get a preliminary injunction, …
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