Jenner & Block

Client Alert: Illinois Employers With “At-Will” Employees Beware: Your Restrictive Covenant May Be Invalidated For Insufficient Consideration

In this client alert, Jenner & Block Partners R. Douglas Rees, Debbie L. Berman and Daniel J. Winters discuss the Illinois Appellate Court's recent ruling that, absent other consideration, at-will employees must remain employed at least two years to justify non-competition and non-solicitation covenants. In light of this new decision, to avoid having restrictive covenants with at-will employees stricken for lack of consideration, employers should revisit their employee restrictive covenants and decide whether to provide additional consideration beyond continued at-will employment.