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2022 Will Bring Strict Limits on Illinois Non-Compete and Non-Solicitation Agreements. On January 1, 2022, Illinois' amendment to the Illinois Freedom to Work Act (IFWA) will take effect. The amended statute will render unenforceable non-compete agreements with employees earning less than $75,000 annually.
The amendment provides that non-compete and non-solicit agreements are illegal and void unless: (1) the employee receives adequate consideration (explained below); (2) the covenant is ancillary to a valid employment relationship; (3) the covenant is no greater than is required for the protection of a legitimate
A standard non-compete agreement is a formal agreement between an employer and employee that states that the employee will not engage in any employment activities that are in competition or conflict with their primary job.
Of particular note for employees is that in Illinois in order for a non-compete restrictive covenant agreement to be enforceable, among other things, there must be adequate consideration.
Effective January 1, 2022, employers will need to comply with significant new amendments to the Illinois Freedom to Work Act (the Act), a previously narrow statute restricting the use of non-competes with low wage workers.
The Employee specifically agrees that for a period of months/years after the Employee is no longer employed by the Company, the Employee will not engage, directly or indirectly, either as proprietor, stockholder, partner, officer, employee or otherwise, in the same or similar activities as were performed for
In order to be enforceable, a non-compete agreement must include an offer, acceptance, intent, and a benefit or consideration to the employee in exchange for his or her promise. The benefit could be as simple as getting the job or, for an existing employee, getting a promotion or raise.
For example, if a non-compete or non-solicitation agreement relies solely on two years of continued employment for consideration, until the employee has worked for the employer for two years after signing the agreement, the employee is free to engage in competitive employment or to solicit customers or employees.
Codifying into law requirements that were previously set forth in judicial decisions, the Amendment provides that non-compete and non-solicit agreements are illegal and void unless: (1) the employee receives adequate consideration, (2) the covenant is ancillary to a valid employment relationship, (3) the covenant is no
After expiration or termination of this agreement, employee name agrees not to compete with company name for a period of number years within a number mile radius of company name and location.