Question

  06/27/12, 4:04 pm
I signed a contract to work for a photographer in my town. In her contract she stated that upon termination of my contract with her, i am not allowed to own my own photography business for at least a year after I stop working with her unless it is in another state. I overlooked this slightly when signing and wasn't really aware of how this could effect me. I am having a hard time working with her and we have not actually worked together yet. She's very short and dismissive and self-centered and hasn't featured any of my work on her website or facebook page since i started representing her business. If i leave now, I can't start my own business because of her terms stated in the contract. Is this actually legal for her to not allow me to have a business in the same field?
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United States   |   Illinois  |  Business Law
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Answer

Heewon O'Connor Says:

Jun 28,2012 7:50 AM

A non-compete agreements is enforceable when it is narrowly tailored to protect business interests, it does not impose undue hardship on the employee, and it is not injurious to the public. I need more information to give you an answer, but if the contract says you cannot work anywhere in Illinois for one year, I think it is unreasonable and thus probably not enforceable. Have an attorney review the contract to know what kind of remedies or rights you have.


Heewon O'Connor
O'Connor Law Offices
1920 A Highland Ave 203,Lombard, IL 60148
630-544-4922
http://oconnor-oconnor.com

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