Illinois and Federal laws have evolved significantly in recent years and as a result employers now have many tools available to protect themselves. Understanding these tools, as well as the impact of legal changes in this area, is necessary if a company intends on protecting its most valuable assets (i.e. trade secrets, IP and employees).
Illinois courts have traditionally followed the three pronged rule of reasonableness test when determining whether to enforce a restrictive covenant:
a. is the restriction no greater than what is required to protect the
legitimate business interest of the employer;
b. does the restriction impose undue hardship on the employee;
c. is the restriction injurious to…