When you’re hiring your first employee or locking in a C-suite executive, the contract you put in front of them matters. A well-drafted employment agreement protects your business, sets clear expectations, and gives you recourse if things go sideways. A poorly drafted one — or no agreement at all — can leave your confidential information exposed, your clients poachable, and your hands tied if you need to part ways.

Fitter Law helps Illinois employers draft, review, and enforce employment agreements that hold up. From offer letters to executive compensation packages, we write contracts designed for your business — not recycled templates from the internet.

Employment Contracts We Draft for Illinois Employers

Offer Letters and At-Will Employment Agreements

Illinois is an at-will employment state, but that doesn’t mean your offer letters should be casual. A clearly written offer letter or employment agreement defines compensation, benefits, start date, title, and reporting structure — and reinforces at-will status in a way that reduces ambiguity if the relationship ends. We make sure your agreements say what you mean and don’t inadvertently create implied contracts.

Non-Compete Agreements

Illinois non-compete law changed significantly with the Illinois Freedom to Work Act. Under the current rules:

• Non-competes are only enforceable against employees earning more than $75,000 per year
• Non-solicitation agreements require earnings of more than $45,000 per year
• Employers must provide at least 14 days for the employee to review the agreement before signing
• The employee must receive adequate consideration — a job offer alone may not be enough for existing employees
• Restrictions must be reasonable in scope, duration, and geography

Courts look at whether a non-compete is necessary to protect a legitimate business interest — things like confidential client relationships, trade secrets, or specialized training you’ve provided. Overbroad agreements get thrown out. We draft non-competes that are designed to be enforceable, not just intimidating.

Non-Solicitation Agreements

A non-solicitation agreement restricts departing employees from poaching your clients or your other employees. For many businesses, especially service firms and SaaS companies, this is more valuable than a non-compete. We draft client and employee non-solicitation clauses that align with Illinois law and protect what you’ve actually built.

Executive Employment Agreements

Hiring a VP, C-suite executive, or key operator? These agreements require more than a standard offer letter. Executive employment agreements typically address:

• Base salary, bonus structure, and equity or profit-sharing terms
• Severance and termination provisions (including change-of-control clauses)
• Duties, decision-making authority, and reporting relationships
• Restrictive covenants tailored to the executive’s role and access to sensitive information
• Dispute resolution and choice of law provisions

Getting these right from the start avoids expensive disputes later — especially in the context of fundraising, acquisition, or leadership transitions.

Confidentiality and Trade Secret Agreements

Standalone NDA and confidentiality agreements protect proprietary information before non-competes are even relevant. Whether you’re sharing sensitive information with a new hire during onboarding, a contractor with access to your codebase, or a prospective partner in early-stage discussions, we draft confidentiality agreements that clearly define what’s protected and what the consequences are for a breach.

Independent Contractor Agreements

If you’re engaging contractors rather than employees, the contract structure matters even more. Misclassifying an employee as an independent contractor creates significant legal and tax exposure. We help you structure contractor agreements that accurately reflect the relationship — and protect your IP and confidential information in the process.

What Makes a Non-Compete Enforceable in Illinois?

This is one of the most common questions we get from employers. The short answer: Illinois courts apply a totality-of-the-circumstances test to determine enforceability. Key factors include:

• Salary threshold met — the employee must earn more than $75,000 (non-compete) or $45,000 (non-solicitation)
• Adequate consideration — what did the employee receive in exchange? A new job offer typically qualifies; enforcement for existing employees requires more
• Legitimate business interest — does the restriction protect something real, like client relationships, trade secrets, or specialized training?
• Reasonable restrictions — geography, duration, and scope must be proportionate to the interest being protected. A 5-year, nationwide non-compete for a junior sales rep rarely survives scrutiny
• Review period honored — employees must have at least 14 calendar days to review before signing

Illinois courts also have the authority to partially enforce an overbroad non-compete rather than void it entirely — but you’re better off drafting it right the first time than litigating what’s left.

Why Employers Work with Fitter Law on Employment Contracts

Most employment agreement problems we see come from one of three sources: templates pulled off the internet that don’t reflect Illinois law, agreements that haven’t been updated since 2022 (when the Freedom to Work Act took effect), or contracts that were drafted for a different business and never adapted.

We draft employment agreements from your perspective as the employer. We know the Illinois-specific rules, we understand what startups and growing SMBs actually need, and we work on flat fees — so you know what you’re paying before we start.

For clients on our General Counsel plan, employment agreements are part of an ongoing relationship. We’re available when you’re making a new hire, when an employee situation gets complicated, or when you need to update your standard agreements to reflect a change in the law or your business.

Frequently Asked Questions

Do I need a written employment contract for every employee in Illinois?

No — Illinois at-will employment doesn’t require a written contract. But a written agreement is strongly recommended for any employee with access to confidential information, client relationships, or proprietary systems. Without one, your ability to protect your business when someone leaves is significantly limited.

Can I add a non-compete to an existing employee’s agreement?

Yes, but it requires adequate consideration — something of real value beyond continued employment alone. A promotion, raise, or bonus typically qualifies. We can advise on the right approach for your situation.

My non-compete was drafted before 2022. Is it still valid?

Possibly, but it may not comply with the Illinois Freedom to Work Act. Agreements entered into before the Act’s effective date (January 1, 2022) aren’t automatically voided, but we recommend reviewing any pre-2022 agreements to assess enforceability and update your templates going forward.

Do you handle employment contract disputes or litigation?

Fitter Law focuses on transactional and advisory work — drafting, reviewing, and counseling. We don’t handle employment litigation. If a dispute escalates to litigation, we’ll refer you to appropriate counsel.