Starting January 1, 2022, certain amendments to the Illinois Freedom to Work Act take effect, and the amendments pertaining to non-competition agreements and non-solicitation agreements are going to shake up the HR world. Many states, most notably California, have recently taken a hard stance against such restrictive covenants, and Illinois is following suit, but with its own twist.
While “non-competes” and “non-solicits” will still be permitted in select cases (i.e. agreements related to the purchase or sale of a business or ownership interest or where the Shalt Nots and Shalls below have been met), the landscape is most definitely changing. Failure to comply can result in the modification/voiding of your agreement, your payment of the employee’s attorney’s fees/damages in court, and even penalties if investigated by the Attorney General of up to $10,000 per violation.
In an increasingly “remote” world, employees are joining teams from all over the world. It is essential that you consult with an attorney before using your templated employee on-boarding documents if you plan to hire an employee from out of state. Additionally, make sure to have your standard onboarding documents reviewed on a regular basis to ensure that you are staying up to date with employment law trends and legislation in your area.
This blog was written by Hunter Business Law Associate Haley Lemon.
DISCLAIMER: This blog is for educational purposes only and does not offer nor substitute legal advice. Additionally, this blog does not establish an attorney-client relationship and is not for advertising or solicitation purposes. Any of the content contained herein shall not be used to make any decision without first consulting an attorney. The hiring of an attorney is an important decision not to be based on advertisements or blogs. Hunter Business Law expressly disclaims any and all liability in regard to any actions, or lack thereof, based on any contents of this blog.
Thank you for taking the time to consider Hunter Business Law to assist you with your legal needs. We appreciate you reaching out to our firm. However, due to our commitment to current client matters and to ensure we are meeting the needs of our existing client base, we are unable to onboard any new clients at this time. Again, we appreciate you reaching out, and we wish you the best of luck with your venture!