Illinois Freedom to Work Act (820 ILCS 90) Non-Compete & IP Assignment Redline Auditor
Under the Illinois Freedom to Work Act (820 ILCS 90/1 et seq.), an employer’s non-compete or non-solicitation covenant is illegal and void unless: (1) the employee earns above the statutory salary floor ($75,000+ for non-competes / $45,000+ for non-solicits, escalating every 5 years); (2) the employer gives 14 calendar days to review the covenant before starting; AND (3) where "at-will employment alone" is the consideration, the employee actually works for the employer for at least 2 full years after signing (or receives equivalent financial/professional consideration)! In addition, the Illinois Employee Patent Act (765 ILCS 1060/2) protects personal inventions.
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A staff engineer built an unrelated dev-tool on nights and weekends using his personal MacBook, then left to raise a Series A. Because his prior CIIAA swept in all inventions created "during the period of employment" and claimed it "related to Company’s anticipated R&D," the former employer blocked the VC round until paid $350,000.
RedlineCore™ enforces the statutory off-duty invention carve-out (CA Labor Code § 2870 / WA / IL / NY standards) and attaches an explicit Prior & Side-Project Invention Schedule.
Check Your Full Contract PDF for Cross-Section Overrides (Free 60s Scan)
Fixing one clause alone often fails when a buried definition, exhibit, or survival clause elsewhere in your Commercial Property & Business Loss neutralizes your protection. Drop your PDF or Word (.docx) below for an instant, 100% anonymous cross-section audit.
“Illinois 820 ILCS 90 & 765 ILCS 1060 Protection: (a) Pursuant to the Illinois Freedom to Work Act (820 ILCS 90/15), the restrictive covenants herein shall be null and void if Employee is terminated without Cause prior to completing twenty-four (24) months of employment (unless Company pays at least 6 months of garden-leave severance consideration); (b) Customer non-solicitation is limited strictly to clients with whom
What to Say to the Commercial Lines Carrier / E&S Insurer
"Under the Illinois Freedom to Work Act (820 ILCS 90/15), we need the agreement to state that the non-compete waives if I am terminated without Cause within the first 24 months (or is paired with guaranteed severance), and include the 765 ILCS 1060/2 invention carve-out."
Why they drafted it this way: Employers hand Illinois hires a non-compete on Day 1 without additional cash/equity consideration, hoping you don’t know that Illinois law requires 2 years of continued employment (or independent financial consideration) for the non-compete to stick.
Mandatory Audit Checklist Points
- Enforce 820 ILCS 90/15: Void the non-compete if employment ends within 24 months without separate financial/severance consideration
- Enforce 820 ILCS 90/20: Employer must provide 14 calendar days advance written review notice and advise consulting an attorney
- Include the Illinois Employee Patent Act (765 ILCS 1060/2) statutory carve-out and Exhibit A Prior Inventions
Paste Your Illinois Freedom to Work Act 820 ILCS 90 non-compete redline Section or Upload Your Full Commercial Property & Business Loss (.pdf / .docx)
Check if your draft has a hidden loophole or cross-section override. Click ⚡ Preview Sample Audit (Instant) to see a live demo in 0.2s, or upload your own PDF / Word (.docx) contract below:
Frequently Asked Questions
What is the "2-Year Rule" under the Illinois Freedom to Work Act (820 ILCS 90/15)?
Under 820 ILCS 90/15, "adequate consideration" for a non-compete or non-solicit requires EITHER (1) the employee working for the employer for at least 2 years after signing, OR (2) the employer providing independent professional or financial benefits (such as a signing bonus, equity grant, or guaranteed severance) adequate by themselves to support the restriction.
How do I redline Illinois Freedom to Work Act 820 ILCS 90 non-compete redline traps in my Commercial Property & Business Loss anonymously without creating an account?
Upload your Commercial Property & Business Loss PDF or Word (.docx) draft to ClaimXray.com to run the "Illinois Freedom to Work Act (820 ILCS 90) Non-Compete & IP Assignment Redline Auditor" defense cartridge 100% anonymously—with zero account registration, zero email login, and stateless in-memory processing. RedlineCore™ 4.0 flags Illinois Freedom to Work Act 820 ILCS 90 non-compete redline exposure (typically $50,000 – $250,000 in voidable IL non-competes & retained side IP; documented unredlined loss: $350,000 settlement share forfeiture to former employer), checks for cross-section overrides, and exports a ready-to-send Microsoft Word (.docx) Track-Changes file.
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Colorado’s restrictive covenant statute (C.R.S. § 8-2-113) imposes a $5,000 per-worker statutory penalty plus attorney fees on employers who even *present* an unlawful non-compete! Under C.R.S. § 8-2-113, non-competes are void unless you earn at or above the Colorado "Highly Compensated Worker" threshold (~$123,750+, adjusted annually) AND the employer delivers a separate, standalone signed statutory notice before you accept the offer. Even more importantly, § 8-2-113(2)(b) voids Confidentiality/NDA clauses that prohibit using "general training, knowledge, skill, or experience" gained on the job!
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