Any employer that uses or is considering using non-competition or non-solicitation agreements with its employers needs to review them prior to January 1, 2022, when a new law takes effect that can not only negate such agreements, but expose employers to damages, attorney’s fees and investigation by and fines from the Illinois Attorney General. Basically, after January 1st, new non-competition agreements will be unenforceable against employees earning less than $75,000.00, and $45,000.00 for non-solicitation agreements. Employees must be given 14 days to consider signing, real consideration must be paid (such as two years of employment), and threats to or enforcement of void agreements could result in damage and attorney fee awards against employers.
As the new law could not only expose you to liability but undermine the protection of your business, you should consult an attorney at Brooks, Tarulis & Tibble, LLC to evaluate your situation.
