Chicago Business Litigation Lawyer Blog
The scenario we see: An employee resigns, lands a new role, and—right on cue—the former employer calls the new company or key clients, waving a non‑solicit or a boilerplate non‑compete that’s far broader than Illinois law allows. If that pressure campaign derails a known offer or triggers a firing, our firm files suit for tortious interference and seeks court orders to stop the meddling.
Illinois law gives you real defenses (and offenses):
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Reasonableness + legitimate interest. Illinois enforces restraints only to the extent necessary to protect legitimate interests (e.g., near‑permanent customer relationships or genuine confidential information). Courts look at the totality of facts—not rigid formulas.
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Non‑solicits must be narrowly tailored. Clauses that bar you from soliciting any customer—including those you never worked with—or that lack geographic or relationship limits are often invalid. Courts have declined to salvage them when they’re fundamentally unfair.
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Income thresholds & notice rules matter. For agreements after Jan. 1, 2022, non‑competes are void for employees under $75,000 (rising over time) and non‑solicits are void under $45,000 (also rising). Employers must give 14 days to review and advise in writing to consult a lawyer—or the covenant is illegal and void.
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Consideration is not a rubber stamp. Courts have rejected restraints supported by little more than a signature; the Fifield line of cases and the statute make clear that two years of employment or meaningful additional benefits are needed.