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In the competitive landscape of Illinois employment, the Non-compete Agreement form serves as a crucial tool for employers aiming to protect their business interests while balancing the rights of employees. This agreement outlines the specific terms under which an employee agrees not to engage in activities that could directly compete with their employer after leaving the company. Key components of the form typically include the duration of the non-compete period, the geographical scope in which the restrictions apply, and the types of activities that are prohibited. Additionally, the agreement must be reasonable in its restrictions to be enforceable under Illinois law. Understanding these aspects is essential for both employers drafting the agreement and employees considering its implications, as it can significantly impact future job opportunities and professional growth. With the right knowledge, both parties can navigate the complexities of non-compete agreements effectively, ensuring that the terms are fair and legally sound.

Example - Illinois Non-compete Agreement Form

Illinois Non-Compete Agreement Template

This Non-Compete Agreement (hereinafter referred to as the "Agreement") is made and entered into on this ______ day of ________________, 20____, by and between ___________________________________________________________________ (hereinafter referred to as the "Employee") and ___________________________________________________________________ (hereinafter referred to as the "Employer"), collectively referred to as the "Parties".

WHEREAS, the Employee agrees to be bound by this Agreement as a condition of their employment with the Employer; and

WHEREAS, the Employer desires to protect its legitimate business interests, including but not limited to its confidential information, trade secrets, and business relationships, by restricting the Employee's ability to engage in certain activities both during and after their employment period.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

  1. Non-Compete Obligation: The Employee agrees that during the term of their employment and for a period of _____________ [months/years] after the termination of employment, regardless of the cause of termination, they shall not directly or indirectly engage in any business activity that is in direct competition with the principal business of the Employer within the following geographical area(s): ________________________________________.
  2. Non-Solicitation: The Employee agrees that during the term of their employment and for a period of _____________ [months/years] following the termination of employment, they shall not solicit or attempt to solicit any clients, customers, or employees of the Employer, directly or indirectly, for the benefit of themselves or any other person, firm, corporation, or other entity.
  3. Confidentiality: The Employee acknowledges that during their employment, they may have access to and become acquainted with various confidential information, including but not limited to trade secrets, market strategies, customer lists, and other proprietary information owned by the Employer. The Employee agrees to keep all such information confidential during and after their employment.
  4. Return of Property: Upon the termination of employment, the Employee agrees to return all property of the Employer, including but not limited to documents, equipment, and electronic data, in their possession or control.
  5. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws principles.
  6. Severability: If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect.
  7. Entire Agreement: This Agreement contains the entire understanding between the Parties and supersedes all prior and contemporaneous agreements, representations, and understandings between the Parties regarding the subject matter hereof.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the first date written above.

Employee Signature: ______________________________________________________

Printed Name: ____________________________________________________________

Employer Signature: ______________________________________________________

Printed Name: ____________________________________________________________

PDF Form Properties

Fact Name Details
Governing Law The Illinois Non-compete Agreement is governed by the Illinois Freedom to Work Act.
Enforceability Non-compete agreements must be reasonable in duration, geographic scope, and the activities they restrict to be enforceable.
Consideration Requirement In Illinois, an employee must receive adequate consideration, such as a job offer or promotion, for signing a non-compete agreement.
Restrictions on Low-Wage Workers As of 2021, non-compete agreements cannot be enforced against employees earning less than $75,000 per year.
Duration of Restrictions Typically, non-compete agreements in Illinois should not exceed two years in duration to maintain enforceability.
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