Do not let an old contract stop you from accepting a better job offer or starting your own company.
Many workers in Illinois sign employment contracts without realizing the long-term impact of a restrictive covenant. These agreements typically aim to stop you from working for a competitor or starting a similar business for a specific amount of time after you leave your current job. While companies claim these documents protect trade secrets, they often overstep by unfairly limiting your ability to earn a living.
If your former employer threatens legal action over a signed document, you should consult an Illinois employment law lawyer to determine if the contract meets current state standards.
Understanding the Illinois Freedom to Work Act
The Illinois Freedom to Work Act (820 ILCS 90/) significantly changed the legal landscape for non-compete and non-solicitation agreements. This law creates strict salary thresholds that determine whether an employer can legally ask a worker to sign a restrictive covenant. As of 2022, companies cannot enforce non-compete agreements against employees earning less than $75,000 per year. This salary floor will increase every five years, ensuring that lower-wage workers maintain the freedom to switch jobs without fear of a lawsuit.
Even if you earn more than the required salary, a court will only enforce the agreement if it protects a “legitimate business interest.” The restriction must remain reasonable in terms of geographic area and the length of time it lasts. Illinois judges often strike down contracts that try to stop a person from working anywhere in the country or that last for several years without a valid reason.
- Geographic limits: A court might uphold a ban on working for a rival within a 10-mile radius of your old office but reject a ban covering the entire Midwest.
- Time restrictions: Most reasonable agreements last between six months and two years, as anything longer often creates an undue hardship for the professional.
- Job duties: The contract should only stop you from performing the specific tasks you did for your previous employer, rather than banning you from an entire industry.
- Client lists: Non-solicitation clauses often prevent you from taking specific customers with you, provided the company spent significant time and money developing those relationships.
- Inadequate consideration: Illinois law requires that an employer provide something of value, like two years of continued employment or a cash bonus, in exchange for your signature.
How an Illinois Employment Law Lawyer Protects Your Career
A legal advocate provides the necessary defense when a company tries to bully a former staff member into unemployment. Many businesses send “cease and desist” letters, knowing their contracts are actually toothless under the 820 ILCS 90/ statute. An Illinois employment law lawyer from Favaro & Gorman identifies these legal flaws and negotiates with your former boss to clear your path to a new job.
- Reviewing contracts: Attorneys read every line of your agreement to find loopholes or violations of state law that make the document void.
- Negotiating exits: Legal experts talk directly to your employer’s counsel to reach a deal that lets you move to a new company without a court battle.
- Defending lawsuits: If a business sues you for breach of contract, your lawyer fights the case in court to prove the restrictions are too broad.
- Seeking damages: In some cases, you can recover money if a company intentionally interferes with your new job offer using an illegal non-compete.
- Advising startups: Lawyers help professionals launch their own businesses by ensuring they do not violate valid trade secret protections or non-solicitation rules.
Contact an Illinois Employment Law Expert for Help Today
Do not let an old contract stop you from accepting a better job offer or starting your own company. The law in our state now favors the worker’s right to move freely between employers in most situations. Talk to a lawyer to find out if your specific agreement holds up under the newest Illinois regulations. You deserve to use your skills and experience to build a successful career without unfair interference from a past employer.
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