(Court opinion corrected 1/6/17.) Court properly granted summary judgment in favor of and awarded $1 million to Plaintiff, a former employee of Defendant. Court properly found that Defendant did not properly waive the noncompete provision in the employment agreement, because provision in contract prohibits any waiver or modification that is not in writing and signed by the party to be charged. Court properly found that Plaintiff did not have a duty to mitigate damages. Breach of any provision in employment agreement was not a condition precedent to Defendant's obligation to pay Plaintiff, as parties negotiated and agreed that Plaintiff would be paid a sum if and when he left Defendant's employ, and that Plaintiff would not engage in competitive activity during his employment with Defendant and for 6 months after his departure. (GORDON and HALL, concurring.)
Illinois Appellate Court
Civil Court
Employment Contract