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Can a Non-Compete Provision be Added to a Severance Agreement?
BenefitsNotes by Leonard, Street and Deinard
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)] MORE >> |
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