The 14-Day Review Period for Non-Compete Agreements in Illinois
Illinois law strictly requires employers to give you at least 14 calendar days to review a non-compete and explicitly advise you in writing to consult an attorney. If they fail to do either, the restrictive covenant is completely void.
Starting a new job or getting a promotion is an exciting time, and many employers use the rush of the onboarding process to slip restrictive covenants into a stack of paperwork. In the past, workers in Chicago, Rockford, and Joliet were often pressured to sign non-competes on their very first day without fully understanding what they were giving up. To stop this abusive practice, Illinois enacted strict procedural safeguards. If you are handed a non-compete, you have powerful rights regarding how much time you have to read it. If you need help reviewing a contract, check our directory to hire a local Illinois employment lawyer.
Can You Voluntarily Waive the 14-Day Period?
Under the 820 ILCS § 90/20, a covenant not to compete is void unless the employer provides the employee with a copy of the agreement at least 14 calendar days before the start of employment or provides 14 days to review it. But what if you want to start working immediately and do not want to wait two weeks? The law allows you to voluntarily waive the remainder of the 14-day period. You can sign the agreement on day two or day five, but the key is that the employer MUST give you the option to take the full 14 days. If the HR department pressures you by saying, 'You have to sign this today or you lose the job offer,' they have violated the statute.
Employer Failure to Advise in Writing to Consult an Attorney
Providing the 14 days is only half the requirement. The 820 ILCS § 90/20 also mandates that the employer must advise the employee, in writing, to consult with an attorney before signing the agreement. A verbal warning from an HR manager is completely worthless in the eyes of the law. This advisory must be clearly written out, either in the text of the non-compete agreement itself or in a formal cover letter accompanying the offer. If this specific written warning is missing from the packet, the entire non-compete clause is legally doomed, no matter how much money you make or how reasonable the terms are.
How Violating the 14-Day Rule Voids the Contract
Illinois courts take these procedural requirements very seriously. There are no 'do-overs' for employers who make a mistake during the onboarding process. If a company tries to enforce a non-compete in the DuPage County Circuit Court, Wheaton or the Circuit Court of Cook County, Chicago, the judge's first step will be to verify compliance with the 14-day and attorney consultation rules. If your lawyer can prove you were only given three days to review it and were never advised in writing to see an attorney, the judge will throw the contract out. The courts view these rules as fundamental baseline protections for employees navigating complex legal language.
What to Do if You Were Rushed to Sign
If you were forced to sign a non-compete on the spot and are now trying to leave your job in Evanston or Belleville for a competitor, do not panic. Your attorney will typically draft a formal letter to your former employer highlighting their failure to comply with the 820 ILCS § 90/20. Often, simply pointing out this glaring legal error is enough to make the company drop their threat of litigation. If they persist, your attorney can file a declaratory judgment action in a local court, like the Kane County Circuit Court, St. Charles, to have a judge officially declare the contract unenforceable before you start your new job.
Frequently Asked Questions (FAQ)
Do the 14 days include weekends and holidays?
Yes. The statute specifically states '14 calendar days,' meaning weekends and state or federal holidays count toward the total review period you are granted.
Does this rule apply to non-solicitation agreements too?
Yes. The 820 ILCS § 90/20 treats both non-compete agreements and non-solicitation agreements (preventing you from contacting former clients) equally when it comes to the 14-day review period and the written attorney advisement.
What if my employer amends the non-compete later?
If your employer makes a material change to the non-compete agreement after giving it to you, the 14-day clock resets. They must give you a fresh 14 days to review the new, altered version.
Can an employer withdraw the job offer during the 14 days?
Yes. Illinois is an 'at-will' employment state. While they must give you 14 days to review the contract, an employer can legally change their mind and withdraw the job offer for other lawful reasons before you sign and accept.
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