Primary statute
820 Ill. Comp. Stat. 90/1 et seq. (Illinois Freedom to Work Act)
Primary verifiedhttps://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=3737&ChapterID=68
- Effective
- 2017-01-01
- Last amended
- 2022-01-01
- Research verified
- 2026-05-08
Threshold regime
Non-compete enforceability in Illinois
Freedom to Work Act voids non-competes for employees earning ≤ $75,000 and non-solicits for those ≤ $45,000. 14-day review + counsel-advisory required.
What this means for you
Illinois is a threshold state: a non-compete is void below a statutory income floor and only potentially enforceable above it — and even above the floor it must still be reasonable in time, geography, and scope.
Controlling case-law
Reliable Fire Equipment Co. v. Arredondo, 2011 IL 111871, 965 N.E.2d 393
Three-prong reasonableness test: legitimate business interest + no undue hardship + not injurious to public.
Doctrine
Blue-pencil discretionary. Courts may strike specific over-broad terms but the practice varies — over-broad covenants drafted in bad faith are often refused enforcement entirely.
Salary / wage threshold
$75,000
2022 value
Non-compete: void if earnings ≤ $75,000/yr (escalates by $5,000 every 5 years; $90,000 by 2037). Non-solicit: void if ≤ $45,000/yr (escalates by $2,500 every 5 years; $52,500 by 2037).
Garden leave / consideration
Adequate consideration required: ≥ 2 years continued employment after signing OR 'professional or financial benefits adequate by themselves.' NOT garden leave.
820 ILCS 90/15
Gotchas
- COVID-furloughed-employee carve-out under 820 ILCS 90/10(b).
- Full statutory recovery of attorney's fees by employees who prevail.
- 14-day review period + written advice-to-consult-counsel required.
Federal context
The FTC's 2024 federal non-compete ban was vacated nationwide in Ryan v. FTC and removed from the Code of Federal Regulations in February 2026. There is no federal ban in force — so Illinois's state law controls. Read the federal status.
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