Are noncompetes enforceable on employees who have been fired?

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in Employment Law,Human Resources

Q. In Illinois, do noncompete agreements apply even when someone is terminated, as opposed to resigning?

A. Unless the noncompete agreement specifically limits the application of restrictive provisions on post-termination conduct, the agreement’s provisions apply regardless of whether an employee is terminated for cause, for no cause or merely because the employee chose to resign. As always, the breadth, scope and nature of the interest the covenant was designed to protect are always an issue.

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