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Can a Non-Compete Provision be Added to a Severance Agreement?
BenefitsNotes, a blog by Leonard, Street and Deinard Link to more items from this source
Nov. 21, 2012

"Even though the employer had some discretion with respect to the form of separation agreement, [a federal district court in Illinois] would not permit the employer to condition the severance payment on compliance with a no compete. To add such a requirement, the employer should have amended the severance plan; the proposed separation agreement was not itself such an amendment." [Pactiv Corp. v. Rupert, No. 11C7247 (N.D. Ill., Nov. 1, 2012)]

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