Enforceability of a Signed Non-Compete Agreement
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 21, 2026
Legal Inquiry
Consumer Legal Issue
Non compete contract.
Yes I signed it in 9/2023.
Attorney Answer
Whether your non-compete is enforceable in Illinois turns first on the Illinois Freedom to Work Act's earnings threshold and procedural requirements — not on a generic "reasonable time and geography" test — and the facts needed to answer that aren't yet known.
Because you signed in September 2023, after the Act's 2022 effective date, it governs your agreement. Under Illinois Freedom to Work Act § 10, an employer cannot enter into an enforceable covenant not to compete unless your actual or expected annualized earnings exceed $75,000 per year (rising to $80,000 in January 2027); a covenant not to solicit requires earnings above $45,000 (rising to $47,500 in January 2027). Agreements signed below these thresholds are void and unenforceable outright, regardless of how reasonable their scope is. Other sections of the Act also require that you were given 14 days to review the agreement before signing, along with written advice to consult an attorney, and that you received adequate consideration — generally at least two years of continued employment or something else of value. Only if the agreement clears these requirements does the reasonableness of its duration, geography, and scope come into play.
What you can do:
1. Confirm your annualized earnings at the time of signing against the applicable threshold.
2. Check whether you were given the 14-day review period and written advice to consult an attorney.
3. Determine what consideration you received and whether it satisfies the Act's requirement.
4. Note whether you've since left the employer or the agreement is being actively enforced, and have an attorney review its scope.
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Frequently Asked Questions
Are all non-compete agreements enforceable if signed voluntarily?
Not necessarily — many states set earnings thresholds or procedural requirements, and an agreement can be void if the employee's pay falls below the applicable threshold.
What procedural steps must an employer follow for a valid non-compete?
Some states require a review period before signing, written advice to consult an attorney, and adequate consideration, such as continued employment for a set period.
Does a non-compete's reasonableness matter if it fails basic legal requirements?
Generally, the reasonableness of duration, geography, and scope is only considered after an agreement clears applicable statutory thresholds and procedural requirements.
