Chicago Business Litigation Lawyer Blog
You let an employee go, and your office pulls the same separation agreement it has used since before the pandemic. It has a release, a confidentiality clause, a non-disparagement clause, and perhaps a Delaware forum clause inherited from a parent company. The check is ready. The employee signs. Everyone assumes the matter is closed.
It may not be. The Illinois Workplace Transparency Act was amended by Public Act 104-0320, effective January 1, 2026, and an agreement that ignores the amended Act can lose the promises the employer paid for. The release itself can survive while the confidentiality promise falls away, and the employer that sues to enforce that promise can end up paying the employee’s damages and fees. If your forms were last reviewed before 2026, they deserve a fresh look now.