Overly broad post-employment restrictive covenants unenforceable

Labor Daze

By Laura B. Bacon

Laura B. Bacon of Nixon Peabody LLP focuses her practice on commercial litigation and labor and employment. She represents clients in both state and federal courts in addition to various administrative venues.

Posted August 6, 2019 3:30 PM

The Illinois Appellate Court recently affirmed dismissal of an employer’s suit to enforce post-employment restrictive covenants, sending a strong message to Illinois employers on the unenforceability of overly broad geographic and activity restrictions and the court’s unwillingness to engage in “blue penciling” to reform contract language.In Mazzetta Co. v. Felsenthal, et al., plaintiff Mazzetta Co.’s suit to enforce its employment agreement against a former sales associate was first dismissed …

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