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.
How we respond to ex‑employer pressure campaigns:
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Pre‑suit letter that de‑weapons the covenant. We explain why the restraint fails under Reliable Fire and Illinois’ statute (e.g., no protectable interest, overbreadth, missing 14‑day notice), warn of tortious‑interference exposure, and request written confirmation they’ll stop contacting your new employer or customers.
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File for declaratory and injunctive relief—fast. Judges routinely scrutinize restraints that forbid work “in any capacity” or block outreach to customers the employee never serviced. We move quickly to protect your start date and client relationships.
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Sue for tortious interference when the line is crossed. Illinois recognizes interference with at‑will employment and with prospective economic advantage; the key is showing intentional, unjustified interference. Former employers may claim a “privilege,” but that evaporates when they exaggerate rights or act in bad faith.
A real (anonymized) matter from our files
A client in a client‑facing role accepted a job that everyone knew about. The former employer called the new company, claiming a non‑solicit barred the hire and “any contact” with a vast universe of customers—most of whom our client had never touched. We filed a declaration of invalidity and also asserted tortious interference. The defendant settled shortly after the suit was filed.
ne more update: The FTC’s 2024 non‑compete rule isn’t in effect; the agency abandoned its appeals in September 2025. That means Illinois law still controls your case.
Takeaway: If a former employer uses an unenforceable non‑compete or non‑solicit to get you fired or to torpedo a known offer, we don’t just defend—we go on offense.
Free consultation. Call 630‑333‑0333 or contact us online to speak confidentially with our non‑compete team. We help employees and executives across Illinois protect their careers and reputations.