Expert Legal Guidance on Non-Compete Agreements

Non-compete and non-solicitation agreements are often referred to as restrictive covenants. These types of Agreements can have a significant impact on your career, limiting where and how you can work after leaving a job. At Tsamis Law, we help employees understand, negotiate, and challenge non-compete clauses to ensure they are fair and enforceable. Whether you are considering a new job, exiting your current position, or facing legal action related to a non-compete, our firm provides skilled legal guidance to protect your professional future.

Employers often use non-compete agreements to safeguard trade secrets and client relationships, but many of these agreements are overly restrictive or unenforceable under state law. We thoroughly review non-compete clauses to assess their validity, negotiate reasonable terms, and, when necessary, litigate to challenge unfair restrictions. Our goal is to help clients maintain their career mobility while respecting legitimate business interests.

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Agreement Requirements

Under Illinois law, employers must advise an employee in writing to consult with a lawyer before agreeing to a non-compete or non-solicitation agreement. The employee must have at least 14 days to review the agreement. To be valid, the employee must receive something of value in return, such as employment for at least 2 years after signing the agreement or other benefits. The agreement must not cause hardship to the employee.

Key Points for Restrictive Covenants

  • Non-compete agreements cannot be used if an employee earns less than $75,000 per year. (Note: this salary baseline increases in 2027 and in 5-year periods after that.)
  • Non-solicitation agreements cannot be used if the employee earns less than $45,000 per year. (Note: this salary baseline increases in 2027 and in 5-year periods after that.)
  • Non-compete and non-solicitation agreements with a licensed mental health professional are not enforceable if the agreement would cause an increase in cost or difficulty for a veteran or first responder seeking mental health services. This applies to agreements entered into after January 1, 2025.
  • Some employees in unions can’t be required to sign a non-compete agreement.
  • Some employees working in construction can’t be required to sign a non-compete or non-solicitation agreement, regardless of whether they are part of a union.
  • Employers usually cannot enforce these agreements if they lay off employees for business reasons related to the pandemic. To do this, the employer has to pay the employee their base salary for the non-compete or non-solicit period minus the income they get from their new job.

Some employers have additional restrictions on non-compete agreements. For instance, nurse agencies cannot enter into such agreements with nurses and certified nurse aides if they are assigned to work at a health care facility for less than 2 years.

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Get Expert Assistance

If you need assistance understanding your rights under a non-compete agreement or are involved in a dispute, Tsamis Law is here to help. We offer strategic legal counsel tailored to your situation, ensuring that your contract does not unfairly hinder your ability to work and thrive in your industry. Contact us today to schedule a consultation and take control of your career path.

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