Q: Company in IA, live in IL, IL EIN used for taxes, am I covered by IL statutes or IA statutes for non-compete laws?
I work remotely from home and have for 2.5 years, I'm listed as a remote employee so all work is completed from IL. My noncompete would be invalid due to 2022 statute changes in IL and I need to know if I am covered by this. I've reported abuse from management for years, and have hit the final straw on nothing being done, but the employer has a history of taking ex-employees(in specialized fields) to court for hundreds of thousands of dollars so know the damage of the longest standing employee leaving would be a definite court situation whether he could win or not. He pressed an employee for 2 years trying to bankrupt them with lawyer fees. I just need to know if I'm protected by IL law or subject to IA law.
A: Most likely you would be subject to Illinois law because the employer would have to bring suit against you in Illinois as you live here in Illinois. If the court is interpreting the contract under Illinois law then you would be included in whatever 2022 laws are applicable to your contract. However, there may be some circumstances in which your contract would be enforceable in another state like Iowa. An attorney will need to review your agreement and the facts around your work, business, and life to understand if you may have any risk. Unfortunately, to get a solid and definitive understanding of your risks with this non-compete you need to sit down and speak with an attorney.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.