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.
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