Illinois Court Requires Express Delineation of Any Non-Employment Consideration for a Restrictive Covenant
For the last decade, one of the biggest issues in the Illinois noncompete law has been what constitutes adequate consideration for a post-employment restrictive covenant, apart from employment lasting at least two years after the agreement was signed. The “24 month rule” set forth in Fifield v. Premier Dealer Services, Inc.2013 IL App (1st) 120327 has caused much head-scratching, and the Illinois legislature was essentially punted on the issue in the recent amendments to the Illinois Freedom to Work Act, 820 ILCS 90/1, et seq. (effective as of January 1, 2022). (Full disclosure: One of the authors …

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