Update non-compete deals before Freedom to Work Act takes effect?

Post-Pandemic Employer

By Laura A. Balson

Laura A. Balson is managing partner of the Chicago office of Constangy, Brooks, Smith & Prophete LLP.

Posted September 9, 2021 11:22 AM

When talking to people about the enforceability of non-compete agreements, I hear two very common misconceptions. First, that the covenants are never enforceable. Also that they are always enforceable. Neither is correct. As any attorney with experience with restrictive covenants will tell you, however, the real answer is “it depends.” A new law that goes into effect in Illinois on Jan. 1, 2022, may change the analysis for whether your company’s non-compete agreements are enforceable in the future. The law, called the …

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