On 06-08- 2016, the Illinois Attorney General filed suit against the Jimmy Johns sandwich chain, an Illinois-based employer, indicating that their non-compete agreement was unconstitutional.  The Jimmy Johns agreement restricts employees during their employment and for two years afterward from working in other businesses that earn more than 10% of their money selling sub-, hero-, deli-, pita, wrapped-, or rolled-style sandwiches.  The Attorney General declared that preventing employees from seeking employment with a competitor is unfair to Illinois workers and bad for Illinois business.  Locking low-wage workers into their jobs and prohibiting them from seeking better-paying jobs elsewhere, then companies have no reason to increase their wages or benefits.  The lawsuit states that these non-competition agreements are unreasonable, unconscionable, and unenforceable under Illinois Law as to all store employees at Illinois stores.

However, Illinois state law does require a non-compete agreement to be based on a legitimate business interest, and narrowly tailored in terms of time, activity, and place.

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