QUESTION

Will the non compete clause in my contract hold up after employment?

Asked on Aug 22nd, 2013 on Contracts - Illinois
More details to this question:
I have a non competing clause in my contract, I am a teacher at a private school in the US. My School offers a unique curriculum that is not offered anywhere else in the city I am in, apart from the IB program. it states that I can not engage in teaching, adminstratitve or any other services as an employee or in any other capacity for an educational institution that offers the said curriculum and that is located within 100 miles of the school for a period of 1 year after the contract expires. Is this enforceable if i leave after I give appropriate notice and leave ? looking at other private schools in the area, that definitely do NOT offer this same curriculum and even considering going into the public school system? would they be bale to enforce this?
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1 ANSWER

Estate Planning Attorney serving Batavia, IL at Drendel & Jansons Law Group
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Restrictive employment covenants are not favored in the law, but they will be enforced if they are reasonable in scope and are supported by consideration. A recent court case decided in June in Cook County has changed the landscape in this area. Even pre-employment covenants are now treated the same as post-employment covenants, requiring up to two years continued employment to be enforceable. If you have been at it for more than two years, they still must be reasonable in scope. You stated the geographical scope is 100 miles, the time scope is one year and the subject scope is the same curriculum. That may be reasonable. If you leave and teach at a school that uses a different curriculum, the covenant does not apply. They cannot enforce it if it does not apply. As long as the curriculum is different, then you should have no problems. If the curriculum is the same, then you will need to consider the reasonableness of the scope, and that may be a crap shoot. Frankly, I think one year is reasonable, but 100 miles is not reasonable, but I am not the person who would need to be convinced. If the school were to sue you, a judge would decide.
Answered on Aug 23rd, 2013 at 12:01 AM

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