Restrictive Covenant Agreements Consideration
December 16th, 2020
December 16th, 2020
There are four fundamental types of restrictive alliances. A non-compete clause prohibits a former worker from confronting his former employer for a specified period of time in a given geographic area. These are considered to be the most restrictive. A non-formal notice provision prohibits a former employee from requesting current, past or potential clients of his former employer for a specified period of time. An anti-raiding scheme prohibits a former employee from asking, for example, employees of the former employer to work in a competing company. A confidentiality agreement prevents a former employee from disclosing or using proprietary or confidential information from his or her former employer or his employer`s clients. Contentious information should not, in itself, constitute a “trade secret”; it must simply be confidential and not accessible to the public. A fifth, called a “gardening holiday,” is a relatively new import from the United Kingdom and other European countries to the United States. This provision requires a worker to notify his future departure. For a period of time, the worker remains employed, although he or she does little or no work. This two-year rule applies regardless of whether the staff member signed the restrictive contract as a new or existing employee and whether the employee resigned voluntarily or was fired. It should be noted that several Illinois District Courts subsequently refused to apply the “Bright Line” rule instead of taking into account other factors such as compensation, increases and bonuses, as well as the employee`s termination conditions.
… Mid-Atlantic Systems of CPA, Inc. (“Mid-Atlantic”), David Socko was put up for sale in 2007. At that time, Mr. Socko signed an employment contract with a restrictive contract. After leaving Mid-Atlantic for a few months in 2009 to work for another company, Mr. Socko returned to Mid-Atlantic and again signed an employment contract containing a restrictive contract. A year later, while still working for Mid-Atlantic, Mr. Socko signed another employment contract with stricter conditions. The latter employment contract contained language that the parties wished to have “legally linked”.
When Mr. Socko resigned to work for a competitor, Mid-Atlantic sent a letter of omission to his new employer. The new employer hired and dismissed him and, as a result, Mr. Socko filed a lawsuit seeking a court statement that his restrictive confederation was non-compulsory because it was not supported by consideration. If there is any doubt that many types of contractual agreements will be taken into account, the most common solution is to execute the document in question as an act, as this can be applied without consideration. However, this solution is not available if restrictive agreements are reached. Whatever the wording of the treaty, it must be shown that a limitation of the trade alliance has been envisaged, even if it is contained in an act. This is especially important when an existing staff member has to enter into new restrictive or updated agreements. The application of restrictive alliances requires restrictive considerations.
In general, public order puts an end to the right of individuals to freely exercise their chosen profession. Contractual freedom is considered a fundamental right. On the other hand, it is recognized that employers have legitimate interests that deserve protection, such as customer relations, goodwill, investments in staff and proprietary and confidential information.