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Non-Compete Agreements › Continued Employment Doctrine

Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a... more +
Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -
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

Faegre Drinker Biddle & Reath LLP

Wisconsin Joins Illinois in Addressing Whether Continued Employment Constitutes Lawful Consideration for Mid-Stream Non-Competes

Faegre Drinker Biddle & Reath LLP on

The Wisconsin Supreme Court recently brought much needed clarity to Wisconsin employers — and helpful guidance for other jurisdictions — in ruling that continued at-will employment constitutes legal consideration to support a...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

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