News & Analysis as of

Continued Employment Doctrine

Stevens & Lee

Practical Considerations of New NJ/NY Health Care Transaction Requirements

Stevens & Lee on

Recently, the Health Law Observer highlighted both implemented and proposed changes in requirements applicable to certain health care transactions in New Jersey and New York, respectively. Given the impact in both...more

Hinshaw & Culbertson LLP

Cracks in the Fifield Armor?: New Dissent Marks First Big Challenge to Illinois' Bright-Line Restrictive Covenant Rule

When continued employment is the sole consideration for a post-employment restrictive covenant (such as a noncompetition agreement), the Illinois Supreme Court requires that an employee be continually employed for a...more

Littler

Wisconsin Supreme Court Rules Continued Employment is Lawful Consideration to Support a Restrictive Covenant

Littler on

Wisconsin has firmly joined the majority of jurisdictions in the United States that hold that continued employment constitutes lawful consideration sufficient to enforce a restrictive covenant with a current at-will employee....more

Faegre Drinker Biddle & Reath LLP

Wisconsin Joins Illinois in Addressing Whether Continued Employment Constitutes Lawful Consideration for Mid-Stream Non-Competes

The Wisconsin Supreme Court recently brought much needed clarity to Wisconsin employers — and helpful guidance for other jurisdictions — in ruling that continued at-will employment constitutes legal consideration to support a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A Sea Change in the Illinois Restrictive Covenant Agreement Framework

As we previously discussed in our blog post, the “continued employment doctrine,” which is the majority view in Illinois, is that two years of continued employment after an employee enters a restrictive covenant is...more

Franczek P.C.

Continued Employment Is Not Sufficient Consideration For Restrictive Covenants Unless The Employee Remains Employed For At Least...

Franczek P.C. on

In Illinois, it has long been recognized that a restrictive covenant in employment is enforceable so long as the employee engages in "substantial continued employment" after the employee signs the agreement....more

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