Business Law

Is a Non Compete Agreement Enforceable in Illinois?

Non compete agreements, sometimes referred to as non-compete clauses are generally found in employment agreements and set restrictions on post-employment professional opportunities. However, where the non compete agreement is so broad or so overreaching that it the former employee would be outright prohibited from working in the same field, the agreement is likely not enforceable.

Non-compete agreements (sometimes referred to as non-compete clauses) are generally found in employment agreements and set restrictions on post-employment professional opportunities.

Ideally, for the company issuing the non-compete agreement, they would like to make the employee as unemployable as possible in order to protect their own business interest.

However, where the non-compete agreement is so broad or so overreaching that it the former employee would be outright prohibited from working in the same field, the agreement is likely not enforceable.

restrictions on non compete contracts in Illinois

Restrictions in Non Compete Agreements

The two main restrictions usually found in these agreements are:

(1) restrictions on physical location -  usually defined by a certain number of miles in radius to the former employer; and 

(2) time restrictions - restricting your ability to seek employment within that radius for a certain period of time.

For example, a non-compete agreement may be provided to employees stating “For a period of thirty-six (36) months after employment is terminated, employee agrees to not seek the same or substantially similar employment within fifty (50) miles of Company”

There are requirements that the company in the above hypothetical needs to meet in order for a court to find a non-compete clause enforceable. It’s recommended to contact an attorney familiar with these requirements to determine whether or not a non-compete can likely be enforced against you (or for your company).

Don't lose time and effort trying to navigate the legal process without guidance. If you are in need of such determination, please contact our office to schedule a free consultation. 

Do you have an imminent court date? Don't hesitate to contact us.

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