This form is a Post-Employment Restrictions on Competition for use with exiting employees exposed to commercial trade secrets or other confidential information as part of their job. This form includes a Noncompetition Covenant as well as other relevant clauses, such as a Savings Clause, a Consulting Option, and an Assignment Clause, that can be integrated into any agreement with the former employee.
Illinois Post-Employment Restrictions on Competition
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US-TS8041
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How to fill out Post-Employment Restrictions On Competition?
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FAQ
If you haven't signed a non-compete contract, then your employer cannot stop you from working for a competitor. If you have previously signed a non-compete contract, consider contacting an employment lawyer to help you understand the terms of the contract and how it can affect your employment options.
The Illinois Freedom to Work Act puts other limits on these agreements. Non-compete agreements cannot be used if an employee earns less than $75,000 per year. (Note: this salary baseline increases in 2027 and in 5 year periods after that.)
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
Non-compete clauses or agreements typically dictate that employees cannot go to work for a competitor or start a business in the same industry within a certain time frame after ending their employment at a given company.
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.
In California, noncompete agreements are illegal as a matter of public policy. This means that an employer cannot keep an employee from going to work for a competitor or starting a competing business once the employment relationship ends.
Under California Business and Professions Code Section 16600, unless you were an owner of the business, any ?non-compete clause? which forbids an employees who is fired or resigns from working for a competitor or starting a competing business is illegal and unenforceable.
You don't have to say where you're going, but your secret isn't likely to stay hidden for long. If word gets out that you are resigning to join a competitor, be prepared for disappointment, anger or resentment from your employer.
