Illinois Enforceability
Illinois Non-Compete Agreement
Illinois bans non-competes outright for lower-paid workers — the law sets hard salary thresholds below which any non-compete is automatically void.
Is a non-compete enforceable in Illinois?
Illinois doesn't ban non-competes for everyone, but the Freedom to Work Act draws a hard line most other states don't: below a specific salary, the covenant is void as a matter of law, not just 'unlikely to be enforced.' Right now that line is $75,000/year for non-competes and $45,000/year for non-solicitation clauses.
Even for employees above the threshold, Illinois requires procedural fairness: the employer must hand over the actual covenant at least 14 days before the job starts, and must tell the employee in writing to have a lawyer look at it before signing.
The salary thresholds aren't static — they're scheduled to step up automatically every five years, so an agreement that was compliant a few years ago could fall below the current threshold and become void without either side updating anything.
Reference: Illinois Freedom to Work Act. This is general educational information, not legal advice — confirm current Illinois requirements before relying on a non-compete agreement.
What Illinois requires for enforceability
- Non-compete clauses are void as a matter of law against employees earning $75,000/year or less (rising to $80,000 in 2027).
- Non-solicitation clauses are void against employees earning $45,000/year or less (rising to $47,500 in 2027).
- Employers must give the employee a copy of the covenant at least 14 days before employment begins.
- Employers must advise the employee in writing to consult an attorney before signing.
Recent changes to watch in Illinois
The salary thresholds automatically increase every five years: non-compete threshold rises to $80,000 in 2027 (then $85,000 in 2032, $90,000 in 2037); non-solicitation threshold rises to $47,500 in 2027 (then $50,000 in 2032, $52,500 in 2037).
How to create your Illinois non-compete agreement
- 1. Open the iRunDocs non-compete generator with Illinois pre-selected as the governing state.
- 2. Enter employer, employee, restriction period, geographic scope, and consideration details.
- 3. Review the PDF preview, then download your document.
- 4. Have both parties sign — and if you're unsure whether your specific terms will hold up in Illinois, have an employment attorney review it before relying on it.
Frequently asked questions
What is the salary threshold for a non-compete in Illinois?
Non-compete clauses are void against employees earning $75,000/year or less (rising to $80,000 in 2027); non-solicitation clauses are void against employees earning $45,000/year or less (rising to $47,500 in 2027).
Can an Illinois employer still use non-competes?
Yes, for employees above the salary threshold — but they must provide the covenant at least 14 days before employment starts and advise the employee in writing to consult an attorney.
Do Illinois' non-compete salary thresholds change over time?
Yes. They're scheduled to increase automatically every five years — 2027, 2032, and 2037 — so a previously valid agreement can become void if it falls below the new threshold.
Non-compete enforceability in other states
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