Is my noncompete enforceable in Illinois?

Check the earnings threshold

Enter your pay and the date you signed, or will sign. The checker applies the threshold that was in effect on that date.

The thresholds by signing date

The threshold that applies is the one in effect when the agreement is entered into, and your earnings must be more than it, not equal to it (820 ILCS 90/10(a)-(b)). Each new threshold starts January 1 of the first year shown.

Year signed	Noncompete: earn more than	Nonsolicit: earn more than
2022 to 2026	$75,000	$45,000
2027 to 2031	$80,000	$47,500
2032 to 2036	$85,000	$50,000
2037 on	$90,000	$52,500

A noncompete restricts you from working for a competitor or in a field after you leave. A nonsolicit restricts you from recruiting your employer's workers or pursuing its clients, vendors, and other business relationships (820 ILCS 90/5).

What counts as earnings?

More than base salary. The Act counts everything on your W-2 as wages, tips, and other compensation, including earned bonuses and commissions, plus elective deferrals that don't appear there, such as 401(k), 403(b), flexible spending, health savings, and commuter deductions. It looks at actual or expected annualized earnings, so a new hire's offer counts (820 ILCS 90/5, 90/10).

The other requirements

Clearing the threshold is not enough. A noncompete or nonsolicit is illegal and void unless:

• You were told to get a lawyer and given time. Your employer advised you in writing to consult an attorney and gave you at least 14 calendar days to review the covenant, or handed it to you at least 14 days before your first day. If you chose to sign early, that still counts (820 ILCS 90/20).
• You got adequate consideration. That means you worked there at least two years after signing, or the employer gave you something else of value, such as professional or financial benefits (820 ILCS 90/5, 90/15).
• It is tied to a real job, no broader than needed to protect a legitimate business interest, not an undue hardship on you, and not harmful to the public (820 ILCS 90/15).

Workers who can't be bound at all

• Construction workers, for both noncompetes and nonsolicits, unless they mainly do management, engineering, architecture, design, or sales work, or have an ownership stake (820 ILCS 90/10(e)).
• Public-sector and education employees under a union contract covered by the Illinois Public Labor Relations Act or the Illinois Educational Labor Relations Act, for noncompetes (820 ILCS 90/10(d)).
• People let go because of the COVID-19 pandemic or similar circumstances, unless the employer pays your base salary for the restricted period, minus what you earn elsewhere during it (820 ILCS 90/10(c)).
• Mental health professionals serving veterans and first responders, for covenants signed after January 1, 2025, when enforcing it would likely make that care costlier or harder to get (820 ILCS 90/10(f)).
• Nurses and nurse aides placed by nurse agencies, under separate rules for covenants signed on or after July 1, 2022 (225 ILCS 510/14).

What the Act doesn't treat as a noncompete

Confidentiality agreements, trade secret and invention assignment agreements, agreements made when buying or selling a business or an ownership stake, paid notice periods during which you stay on the payroll, and promises not to reapply to the same employer are all outside the definition (820 ILCS 90/5). Some of those can still restrict you, so read the whole agreement.

What if my employer sues?

If your employer files a lawsuit or arbitration to enforce a noncompete or nonsolicit and you win, the employer pays your costs and reasonable attorney's fees on that claim (820 ILCS 90/25). A court may trim an overbroad covenant instead of throwing it out, but it doesn't have to, and the Act warns against extensive rewriting. Courts consider how fair the restriction was as written and whether it reflected a good-faith effort to protect a legitimate interest (820 ILCS 90/35).

I signed before 2022. Do these rules apply?

No. The Act's definitions reach covenants entered into after its January 1, 2022 effective date (820 ILCS 90/5). An older agreement is judged under the Illinois case law that came before the Act, so the answer depends on the covenant itself and what your employer is trying to protect.

Is there a new noncompete in my severance agreement?

Treat it as seriously as one in an offer letter. The Act does not have a separate rule for covenants in separation agreements, so check the same requirements before you sign, and remember that a severance agreement usually releases your other claims too. Our severance review page has a free calculator for your signing and revocation deadlines.

What about health care workers?

As of October 12, 2026, two bills to bar noncompetes for health care professionals, HB4221 and HB4565, had not moved since they were assigned to the House Labor & Commerce Committee on February 11, 2026. A broader ban, HB3213, was sent back to the Rules Committee on April 17, 2026. None became law. We will update this page if that changes.

What to do now

1. Find the signed agreement and note the date you signed it.
2. Add up your W-2 pay and deferrals for the year and run the checker above.
3. Look for the written advice to consult a lawyer and the 14-day review period.
4. Before you accept a new job or sign a severance agreement, have the covenant reviewed.

Related: severance review, wrongful termination.

This article and the checker above are for informational purposes only. They may not be fully correct, complete, or current for your situation, and they are not legal advice.

Questions people ask

What is the salary threshold for a noncompete in Illinois?

A noncompete is void unless your actual or expected annualized earnings exceed $75,000 a year. For agreements entered into on or after January 1, 2027, the threshold is $80,000. It rises to $85,000 in 2032 and $90,000 in 2037 (820 ILCS 90/10(a)).

What is the threshold for a nonsolicit?

A nonsolicit is void unless your earnings exceed $45,000 a year, or $47,500 for agreements entered into on or after January 1, 2027. It rises to $50,000 in 2032 and $52,500 in 2037 (820 ILCS 90/10(b)).

My employer never told me to talk to a lawyer. Does that matter?

Yes. A noncompete or nonsolicit is illegal and void unless the employer advised you in writing to consult an attorney and gave you at least 14 calendar days to review it, or gave you a copy at least 14 days before you started. If you chose to sign sooner, the employer is still in compliance (820 ILCS 90/20).

Who pays the lawyers if my employer sues to enforce it?

If your employer sues or brings an arbitration to enforce a noncompete or nonsolicit and you win, the employer must pay your costs and reasonable attorney's fees on that claim (820 ILCS 90/25).

Are noncompetes for doctors and nurses banned in Illinois?

Not across the board. As of October 12, 2026, bills to ban them for health care professionals (HB4221 and HB4565) had not passed. Nurse agencies are restricted separately (225 ILCS 510/14), and noncompetes signed after January 1, 2025 cannot be enforced against mental health professionals serving veterans and first responders when enforcement would likely make that care costlier or harder to get (820 ILCS 90/10(f)).