Knowing the specifics of non-compete agreements typically takes time and experience. This type of employment contract is enforceable as long as its terms are reasonable and intended to protect a genuine business interest.
Keep reading to discover what you need to know about non-compete agreements in Illinois and how our attorneys at S.T. Legal Group could protect your interests.
In Illinois, a non-compete agreement must meet several factors to be enforceable. For example, the contract should protect a legitimate business interest, such as the company’s trade secrets and client list. The terms should also be reasonable in scope and duration. Therefore, if the language is too broad or the duration is too long, the court may deem it unreasonable.
The geographic area specified in the contract also matters. If the agreement extends beyond the area where the company typically conducts business, it may not be enforceable. Another factor you should know about these agreements is that in exchange for signing the contract, an employee should expect to receive something valuable, such as a promise of continued employment. Additionally, the terms cannot limit an individual’s right to work in their chosen industry or profession.
The Illinois Freedom to Work Act relates to non-compete agreements. The Act prohibits companies from asking employees who earn less than the established salary to sign non-compete agreements. In 2025, this threshold is $75,000.00 annually.
The Act also prohibits non-compete agreements for construction workers and for those whose employers have laid them off or furloughed them because of certain circumstances, such as COVID-19. The exception to this restriction is if the worker was fully compensated at their normal rate during the layoff.
As an employee, your company must give you written notice that it intends to enter into a non-compete agreement with you. The business must also give you 14 days to consult with your attorney before requiring you to sign the contract.
Illinois courts may also consider other factors, such as your role as an employee and your involvement in the company’s customer relationships, when deciding on the validity of your employment contract. However, in certain industries, such as broadcasting, employers cannot require staff to sign a non-compete agreement post-employment unless the individual breached their contract.
Now that you have a basic understanding of what you need to know about non-compete agreements in Illinois, contact our knowledgeable attorneys at S.T. Legal Group. We serve clients across the state and could help you interpret your employment agreements. If you believe that your company’s non-compete agreement is unreasonable or otherwise unenforceable, do not wait to meet with us. Call now to schedule a 90-minute consultation with our team.
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