Non-Solicitation Enforceability in Illinois: What the Law Says
Illinois Regulates Non-Solicitation Under the Freedom to Work Act
Since January 1, 2022, the Illinois Freedom to Work Act (820 ILCS 90) applies specific requirements to non-solicitation agreements, separate from non-competes.
Income Threshold for Non-Solicitation
A non-solicitation clause is unenforceable against any Illinois employee earning less than $45,000 per year. This threshold increases incrementally:
- $45,000 (2022)
- $47,500 (2027)
- $50,000 (2032)
- $52,500 (2037)
This is lower than the $75,000 threshold for non-competes, reflecting that non-solicitation clauses are considered less restrictive.
Procedural Requirements
Employers must meet specific procedural steps for the clause to be valid:
- Advise the employee in writing to consult an attorney before signing
- Provide at least 14 calendar days to review the agreement
- Provide adequate consideration (at least 2 years of continued employment, or other compensation)
Failure to meet any of these requirements can render the clause void.
Substantive Reasonableness
Beyond the statutory requirements, Illinois courts still evaluate non-solicitation agreements for reasonableness, considering:
- Whether the employer has a legitimate business interest to protect
- The duration of the restriction (typically 1-2 years is considered reasonable)
- Whether the scope is limited to customers or contacts you actually worked with
- The overall hardship on the employee
Red Flags
- You earn below the $45,000 income threshold
- The employer did not provide 14 days to review or advise you to seek legal counsel
- The clause restricts you from contacting customers you never interacted with
- No additional consideration was provided beyond at-will employment of less than 2 years
When to Consult a Lawyer
Consider consulting an Illinois employment attorney if you are being asked to sign a non-solicitation agreement or your former employer is attempting to enforce one. The Freedom to Work Act provides for attorney fee recovery if the employer's agreement violates the statute.
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.