Pam’s Academy of Dance/Forte Arts Center v. Marik

Illinois Appellate Court
Civil Court
Restrictive Covenants
Citation
Case Number: 
2018 IL App (3d) 170803
Decision Date: 
Tuesday, December 11, 2018
District: 
3d Dist.
Division/County: 
Grundy Co.
Holding: 
Certified question answered; certified question not answered; remanded.
Justice: 
SCHMIDT

Plaintiff filed suit alleging that Defendant, a former employee, breached restrictive covenant by opening a dance studio within 25 miles of Plaintiff's facility and soliciting students and/or teachers via customer list. Employment-based restrictive covenants lasting "not less than" 5 and "not less than" 3 years mean 5 and 3 years (and not a day less) respectively. Court is unable to determine whether employment-based restrictive covenants lasting 3 and 5 years are reasonable in their temporal scope. (CARTER and HOLDRIDGE, concurring.)