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Question regarding Non-Compete Agreement validity if I went through a 3rd party?



I used to work for a company in IL here, we'll call it Company A... A sales technology company focusing on health insurance leads & mortgage leads.

I however, during my 2 years there, was 100% working on a completely different project. The owners had a deal with a real estate company(Company B) to take care of all things internet/web-related for the RE company; and I basically headed up the team, so I basically ran the RE agency's ecommerce.

I have a non-compete agreement signed w/ Company A saying I cannot compete with a competitor, etc. for 2 years... But it says nothing about Company B. I no longer work for A & B.

Company B CEO(my direct report & boss the whole time) many times has mentioned that I must never try to compete with them, and if I were to then that would be a huge deal in his eyes and I know he would probably pursue it legally.

Q: Can I work -directly- for another real estate agency in the same city doing the exact same thing? Can they do anything about it

I don't think B has any case against you - you're just doing website maintenance - that work is too general to put into a non-comp - which you never signed for B
In looking at a non-compete agreement in Illinois we look at the document that you signed. There are no assumptions regarding how or who you worked for. The signed agreement should say it all.

That being said, many non-compete documents are written with generic terms that expand who employees are not to compete with and what is considered competing. You may want to have an attorney read this document and determine what actually is in the agreement. The fact that Company B's CEO mentioned this may mean that there is some generic legal term within the non-compete agreement that covers his company. To be sure get legal help.
Employment attorney www.lawyer4employees.com
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