Illinois Covenants
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How to fill out Covenants?
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FAQ
For the benefit of a real covenant to run, the following elements must be found: (1) writing, (2) intent, (3) vertical privity, and (4) touch and concern. Again, privity is not required to enforce an equitable servitude, so long as the plaintiff is an intended beneficiary of the covenant.
An affirmative covenant obligates a person to act. For example, a covenant that requires the homeowner to keep the trees trimmed in the yard is an affirmative covenant.
General Statute and Regulation For non-compete agreements entered into on or after January 1, 2022, the Illinois Freedom to Work Act (IFWA) (820 ILCS 90/1 to 90/10) prohibits non-compete agreements between an employer and: Employees earning $75,000 or less per year.
In Illinois, a non-compete agreement can be enforced only if it meets certain criteria and the employee earns more than $75,000 annually. Additionally, a covenant not to solicit must be linked to an employee earning over $45,000 per year.
Under the new law in 2022, employers may not enter into a covenant not to compete with any employee who earns (or is expected to earn) $75,000 or less per year, and may not enter into a non-solicitation agreement with an employee who earns (or is expected to earn) $45,000 or less per year.
How do I challenge a restrictive covenant? Express release: It may be possible to negotiate the release or variation of a restrictive covenant. Indemnity insurance: It is possible to obtain indemnity insurance to protect against the risk of a person with the benefit of a restrictive covenant seeking to enforce it.
In Illinois, new restrictions on employers went into effect in January 2022, limiting their ability to enter into new restrictive covenants with their employees, including covenants not to compete and covenants not to solicit.
Are discriminatory restrictive covenants illegal? Generally, yes. Since the United States Supreme Court's 1948 decision in the case Shelley v. Kraemer, restrictive covenants based on race have been unenforceableA contract will not be enforced by a court of law..
