Covenant found unenforceable. Employers Non-Compete Covenant was not supported
by Adequate Consideration where employment period did not exceed two years.
is not uncommon for employers and employees to enter into employment agreements
containing a restrictive covenant.
Typical restrictive covenants include confidentiality agreements,
non-solicitation agreements, and agreements not to compete. Unfortunately, all
too often these agreements fail to set forth separate and specific
consideration for the restrictive covenant provisions. Instead they rely upon a general recitation
that the promise to employ is the consideration given for all of the promises
or agreements extended by the employee.
Employers need to
Continue Reading Fifield v. Premier Dealer Services. Illinois Two-Year Rule for non-compete agreements.