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Restrictive Covenants › Continued Employment Doctrine

Hinshaw & Culbertson LLP

Cracks in the Fifield Armor?: New Dissent Marks First Big Challenge to Illinois' Bright-Line Restrictive Covenant Rule

Hinshaw & Culbertson LLP on

When continued employment is the sole consideration for a post-employment restrictive covenant (such as a noncompetition agreement), the Illinois Supreme Court requires that an employee be continually employed for a...more

Littler

Wisconsin Supreme Court Rules Continued Employment is Lawful Consideration to Support a Restrictive Covenant

Littler on

Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Sea Change in the Illinois Restrictive Covenant Agreement Framework

Ogletree, Deakins, Nash, Smoak & Stewart,... on

As we previously discussed in our blog post, the “continued employment doctrine,” which is the majority view in Illinois, is that two years of continued employment after an employee enters a restrictive covenant is...more

Franczek P.C.

Continued Employment Is Not Sufficient Consideration For Restrictive Covenants Unless The Employee Remains Employed For At Least...

Franczek P.C. on

In Illinois, it has long been recognized that a restrictive covenant in employment is enforceable so long as the employee engages in "substantial continued employment" after the employee signs the agreement....more

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