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Non-Competition Agreements Cannot Be Enforced Agaisnt Low-Wage Employees

By Corey B. Stern, Esq., Chitkowski Law Offices

Pursuant to the Illinois Freedom to Work Act, enacted by the State of Illinois this year, a private company is prohibbited from enforcing a non-competition agreement against any employee who makes less than $13.00 per hour.  A non-competition agreement is any restriction that prevents a person from working for another employer for a specific period of time; a specific geographical area; or for another similar employer. 

However, the Act does not prevent an employer from executing and enforcing a non-disclosure agreement, which protects an employer's confidential or trade secret information; or executing and enforcing a non-solicitation agreement, which prevents an employee from soliciting other employees or the employer's customers.  In that regard, not all information that the employer believes is confidential or a trade secret is actually that.  The information must meet certain requirements. 

For more information on non-competition, non-disclosure, non-solictitation and maintaining confidential information/trade secrets, contact Corey B. Stern at [email protected] 

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