The employer's breach of the parties' employment relationship or unclean hands can serve as a defense to defeat a covenant not to compete or non-solicitation clause signed by the employee, even if that agreement is otherwise properly narrowly drafted and enforceable.
Under case law, non-competes will only be enforceable if they are no wider than reasonably necessary to protect a legitimate interest (e.g. protection of confidential information or customer contacts) and are not contrary to the public interest.
(820 ILCS 90/10.) A non-compete agreement entered into on or after January 1, 2022, is void unless: The employee receives adequate consideration. The agreement is ancillary to a valid employment relationship.
This procurement method can be used to quickly replace unexpected contract gaps with alternate sources or products. SFAs may negotiate directly with one vendor instead of soliciting multiple quotes, bids, or proposals. Noncompetitive procurement can be used for both one-time and recurring purchases.
The Illinois Freedom to Work Act prohibits non-compete agreements between an employer and low-wage employees, including non- competes that restrict a low-wage employee from performing work for another employer that is similar to the employee's work for the employer that is party to the agreement (see Question 1).
Illinois has no statute or regulation governing non-compete agreements in employment for employees who make over $13 per hour. Illinois courts will only enforce a non-compete agreement if it is: ∎ Ancillary to either a valid contract or relationship. ∎ Supported by adequate consideration .
Illinois courts generally disfavor non-competes as a restraint of trade. However, Illinois courts enforce non-compete agreements if they are: Reasonable. Supported by adequate consideration.
Illinois courts generally disfavor non-competes as a restraint of trade. However, Illinois courts enforce non-compete agreements if they are: ∎ Reasonable. ∎ Supported by adequate consideration.