On February 3, 2012, the Appellate Court of Illinois, Second District reversed and remanded the Winnebago County Circuit Court’s decision in Hafferkamp v. Llorca in a significant unpublished non-compete decision. The Second District held that the trial court failed to properly apply the Illinois Supreme Court’s standard set in Reliable Fire Equipment v. Arredondo to determine whether
Continue Reading Illinois Appellate Court Holds That Illinois Supreme Court Non-Compete Decision In Reliable Fire Applies Retroactively
Reliable Fire
Illinois Supreme Court Affirms Legitimate Business Interest Test For Restrictive Covenants And Provides Some Guidance On How To Analyze A Legitimate Business Interest
By J. Scott Humphrey on
Posted in Non-Compete Enforceability
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…