Heads up, Illinois employers with post-employment restrictive covenants: three new cases may impact your enforcement efforts. One continues the split between state and federal courts as to whether continued employment is sufficient consideration, another demonstrates the strict scrutiny courts can place on employers’ stated legitimate business interests, and a third makes clear that attorneys’ fees need not bear a rational … Continue Reading
All employers doing business in Illinois must be aware of a special rule regarding the enforceability of covenants not to compete, which may apply, depending on where their business is located. In Fifield v. Premier Dealer Servs., 2013 IL App (1st) 120327, the Illinois First District, which covers Cook County (including Chicago), held that an employee must generally remain … Continue Reading
Illinois non-compete law continues to wend a circuitous path through the employment landscape, making it occasionally difficult for employers and employees alike to predict outcomes in these cases.
One issue that has arisen with some frequency concerns the matter of consideration for a restrictive covenant with an employee where the only consideration provided is employment: namely, is mere employment sufficient, … Continue Reading