5 Steps For Ill. Employers Post-Fifield

Law360, New York (August 30, 2013, 12:24 PM EDT) -- The Illinois Appellate Court recently issued a decision in Fifield v. Premier Dealer Servs. Inc.[1] holding that the promise of “at-will” employment alone is insufficient consideration to support a valid noncompete covenant under Illinois law. The court went on to find that two or more years of continued at-will employment is required to constitute adequate consideration to support such a covenant.

In light of this decision, Illinois employers should consider whether to restructure at-will offers of employment when a noncompete from a new hire is desired....
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