The manner in which Illinois employers can use non-compete and non-solicitation agreements was sharply curtailed by the 2022 Freedom to Work Act amendments. But for contractors and construction firms, there is another line of defense that can, in some cases, be even stronger: the Illinois Trade Secrets Act (765 ILCS 1065).
When key personnel take project bids, client lists, or cost models to a competitor, trade-secret litigation can often fill the gap left by weakened non-competes. Consulting with an experienced Winnebago County, IL construction litigation attorney can help you protect your competitive information, enforce confidentiality, and respond when a former employee or rival misuses your company’s proprietary data.
How Does the 2022 Freedom to Work Act Reforms Affect Construction Businesses and Contractors?
The 2022 Illinois Freedom to Work Act reforms impact construction businesses and contractors by increasing restrictions on non-solicitation and non-compete agreements, particularly for employees with lower wages. The law now prohibits non-compete agreements for employees who earn less than $75,000 per year, and non-solicitation agreements for employees who earn less than $45,000 per year.