820 ILCS 90/1
Short title
Short title. This Act may be cited as the Illinois Freedom to Work Act. (Source: P.A. 99-860, eff. 1-1-17.)
Illinois Compiled Statutes 820 ILCS 90 — Illinois Freedom to Work Act.
Illinois · statute · 820 ILCS 90 · 10 active provisions
Provisions
820 ILCS 90/5
Definitions
Definitions. In this Act: "Adequate consideration" means (1) the employee worked for the employer for at least 2 years after the employee signed an agreement containing a covenant not to compete or a covenant not to solicit or (2) the employer otherwise provided consideration adequate to support an agreement to not com…
820 ILCS 90/7
Legitimate business interest of the employer
Legitimate business interest of the employer. In determining the legitimate business interest of the employer, the totality of the facts and circumstances of the individual case shall be considered. Factors that may be considered in this analysis include, but are not limited to, the employee's exposure to the employer'…
820 ILCS 90/10
Prohibiting covenants not to compete and covenants not to solicit
Prohibiting covenants not to compete and covenants not to solicit. (a) No employer shall enter into a covenant not to compete with any employee unless the employee's actual or expected annualized rate of earnings exceeds $75,000 per year. This amount shall increase to $80,000 per year beginning on January 1, 2027, $85,…
820 ILCS 90/15
Enforceability of a covenant not to compete or a covenant not to solicit
Enforceability of a covenant not to compete or a covenant not to solicit. A covenant not to compete or a covenant not to solicit is illegal and void unless (1) the employee receives adequate consideration, (2) the covenant is ancillary to a valid employment relationship, (3) the covenant is no greater than is required…
820 ILCS 90/20
Ensuring employees are informed about their obligations
Ensuring employees are informed about their obligations. A covenant not to compete or a covenant not to solicit is illegal and void unless (1) the employer advises the employee in writing to consult with an attorney before entering into the covenant and (2) the employer provides the employee with a copy of the covenant…
820 ILCS 90/25
Remedies
Remedies. In addition to any remedies available under any agreement between an employer and an employee or under any other statute, in a civil action or arbitration filed by an employer (including, but not limited to, a complaint or counterclaim), if an employee prevails on a claim to enforce a covenant not to compete…
820 ILCS 90/30
Attorney General enforcement
Attorney General enforcement. (a) Whenever the Attorney General has reasonable cause to believe that any person or entity is engaged in a pattern and practice prohibited by this Act, the Attorney General may initiate or intervene in a civil action in the name of the People of the State in any appropriate court to obtai…
820 ILCS 90/35
Reformation
Reformation. (a) Extensive judicial reformation of a covenant not to compete or a covenant not to solicit may be against the public policy of this State and a court may refrain from wholly rewriting contracts. (b) In some circumstances, a court may, in its discretion, choose to reform or sever provisions of a covenant…
820 ILCS 90/97
Severability
Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 102-358, eff. 1-1-22.)