Illinois Supreme Court Won’t Take Up Non-Compete Case, Adequate Consideration Questions Remain

Once a stalwart of adequate consideration in exchange for a restrictive covenant, new employment, remains in flux after the Fifield v. Premier case was not taken up by the Illinois Supreme Court recently. 

Fifield, decided in the summer of 2013 by the First District Appellate Court, held that in order for employment to be adequate consideration for a non-compete, employment must last at least two years.  The fact pattern of the case was somewhat unique in that Fifield, an employee of a subsidiary of Great American, signed a new covenant agreement with Premier, a company that purchased Fifield’s employer and offered him employment at the newly acquired business.  Hence, Fifield’s employment appeared more similar to continued employment than actual new employment.  However, in making its decision, the Appellate Court treated new employment and continued employment the same resulting in what appears to be a significant departure from traditional notions of adequate consideration in Illinois and elsewhere.

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