Is It Legally Enforceable in Illinois?

Yes. A non-solicitation agreement is enforceable if the terms are reasonable and necessary to protect a legitimate business interest of the employer.^[1]

Types of Solicitation to Prohibit

As long as the restrictions are reasonable and necessary to protect the employer’s business, a non-solicitation agreement can be customized to prohibit an individual from reaching out to the employer’s:

Former or current employees
Former or current clients
Independent contractors
Other business relationships (e.g. affiliates, suppliers, etc.)

What to Include

What should you include in a non-solicitation agreement.

To be enforceable in a court of law in Illinois, a non-solicitation covenant must include:

1. Time Restraint

Typically enforced at the start of the individual’s termination of employment, the duration of a non-solicitation agreement ranges from a few months to several years based on the necessity of the employer to protect a legitimate business interest.

2. Geographical Restraint

This section specifies the location or geographical area where the individual is prohibited from engaging in restricted activities. It must be considered reasonable and necessary to protect a legitimate business interest of the employer.

3. Specific Action

The agreement must detail the scope of the restricted activities, including who the individual is prohibited from soliciting, what business practices they are prohibited from engaging in, and more.