Restrictive covenants in employment agreements can be very useful to companies on the leading edge of technology and business innovation. This document is a general checklist of factors employers should consider with respect to the use of such covenants.
Illinois Employee Restrictive Covenants: A Comprehensive Overview Employee restrictive covenants in Illinois are contractual agreements designed to protect an employer's legitimate business interests by imposing certain limitations on employees' activities both during and after their employment. These agreements are governed by Illinois law, which emphasizes a delicate balance between protecting employers and ensuring employees' rights. Types of Illinois Employee Restrictive Covenants: 1. Non-Competition Agreements: Non-compete agreements aim to restrict employees from engaging in similar employment or starting competing businesses within a specific geographical area and timeframe after leaving their current employment. Such covenants typically require employees to refrain from directly competing with their former employers to protect trade secrets, customer relationships, and confidential information. 2. Non-Solicitation Agreements: Non-solicitation agreements aim to prevent employees from soliciting the employer's clients, customers, or fellow employees for a specific period, typically after termination of employment. These agreements are particularly important for businesses that heavily rely on client relationships or have employees with specialized skills or knowledge. 3. Non-Disclosure or Confidentiality Agreements: Non-disclosure or confidentiality agreements restrict employees from disclosing or using confidential information obtained during their employment. These agreements safeguard sensitive information such as proprietary technology, trade secrets, strategic plans, customer lists, and financial data from being misappropriated or exploited by former employees. Key Considerations for Illinois Employee Restrictive Covenants: 1. Necessary Protection: For employee restrictive covenants to be valid and enforceable in Illinois, they must serve a legitimate business interest such as protecting trade secrets, confidential information, customer relationships, or specialized training investments. 2. Reasonable Timeframe and Scope: The restrictions imposed in these covenants must be reasonable in terms of duration, geographic limitation, and scope of activities prohibited. Courts often scrutinize excessively broad or overly restrictive covenants that could potentially limit an employee's ability to find suitable employment. 3. Supported by Adequate Consideration: To be enforceable, employee restrictive covenants generally require adequate consideration. In Illinois, initial employment itself may be sufficient consideration, whereas continued employment alone might not satisfy this requirement. 4. Public Policy Considerations: Illinois courts heavily review restrictive covenants to ensure they do not unduly restrain trade or infringe upon an employee's ability to earn a livelihood. Agreements found to be against public policy may be deemed unenforceable or modified to provide reasonable standards. Enforcement and Remedies: If an employee violates a valid and enforceable restrictive covenant, an employer may seek remedies such as injunctive relief, damages, or specific performance from a court of law. However, the court's ultimate decision will depend on various factors, including the reasonableness of the covenant and the specific circumstances of its breach. In conclusion, Illinois employee restrictive covenants play a crucial role in protecting employers' legitimate business interests. Careful drafting and consideration of the various legal requirements are essential to ensure enforceability while preserving employees' rights and adhering to public policy considerations.
