Illinois Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Illinois)
- Avg cost to draft an Employment Contract: $870.00
- Avg cost to review an Employment Contract: $430.00
- Lawyers available: 64 Illinois employment lawyers
- Clients helped: 68 recent employment contract projects in Illinois
- Avg lawyer rating: 4.96 (16 reviews)
What is an Illinois Employment Contract?
In Illinois, an employment contract is an agreement executed between an employer and an employee that serves as the framework for the business relationship. Common terms and conditions covered in an employment contract include:
- Job title and duties
- Compensation
- Benefits
- Vacation and days off
- Disciplinary procedures
- Causes for termination
- Severance packages
- Company policies and standards
Illinois is an at will employment state. This means that employers are free to release workers from employment at any time without a reason and without advanced notice. One way to be protected from this law is to have an employment contract that outlines causes for termination and other clauses that protects an employee’s job.
Employment contracts can also protect employers through the use of restrictive covenants. A restrictive covenant is a clause that prohibits employees from certain actions like competing against the employer (non-compete clause) or revealing trade secrets (non-disclosure clause).
Are Employment Contracts Enforceable in Illinois?
Yes. Once an employment contract is agreed upon and a valid contract is formed under Illinois contract laws, an employment contract can be enforced in court. This applies to employment contracts that include agreements regarding wages, working hours, severance packages, and reasons for termination.
In January of 2022, Illinois, like many other states, revised its enforcement laws surrounding restrictive covenants like non-compete agreements. The new laws make it harder for employers to enforce these clauses against their employees.
Some changes in the new laws include:
- Restrictive covenants must be supported by adequate consideration if the employee has worked for the employer for at least two years after signing the agreement and the employer has provided the employee with benefits that may constitute consideration.
- Non-compete agreements are not enforceable if the employee makes less than $75,000 per year.
- Non-solicitation agreements are not enforceable if the employee makes less than $45,000 per year.
- Employers must provide employees with at least 14 days to review a restrictive covenant agreement
For more information on the changes to restrictive covenant enforcement laws, you can read the full Illinois Freedom to Work Act.
What Are the Legal Requirements for Illinois Employment Contracts?
According to the Illinois Employment Contract Act, employment contracts can be written, oral, express, or implied.
- Written contract. The agreement and all terms and conditions are in writing and signed by both parties. This is the easiest contract to enforce.
- Oral contract. An agreement created verbally without being recorded in writing.
- Express contract. An exchange of promises where the terms are agreed upon by both parties and declared either orally or in writing.
- Implied contract. Legally binding obligation that is formed based upon party’s actions, conduct, or circumstances.
The contracts cannot violate state or federal law and cannot go against public policy.
Types of Illinois Employment Contracts
Illinois employers use various types of employment contracts depending on the type of employee and the type of work contracted. The following contracts are most commonly used for hiring employees and workers:
- Permanent. A more common type of employment contract used by an employer to hire a permanent employee. The employee will have regular hours and be paid regular compensation.
- Fixed term. Used for workers who will only work for a specific period of time or to complete a specific job. At the end of the contract, employees are either brought into permanent employment or a new contract with a new term is executed.
- Independent contractor agreement. Companies need a specific contract when hiring a contractor or a freelance worker because these workers are not company employees and will have different rights and responsibilities.
Frequently Asked Questions
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Meet some of our Illinois Employment Contract Lawyers
Talin H.
Talin has over a decade of focused experience in business and international law. She is fiercely dedicated to her clients, thorough, detail-oriented, and gets the job done.
Melissa G.
I provide practical, plain-English legal guidance to solopreneurs and small businesses who want to build strong foundations and make informed decisions with confidence. With 20+ years of experience—including 16 years in-house advising senior and executive leaders—I bring the insight of a trusted legal partner who understands how legal strategy supports long-term business growth. My clients walk away feeling supported, seen, and empowered. They know I genuinely care about their success and bring more than just legal knowledge—I bring a coach’s mindset, a problem-solver’s lens, and a commitment to helping them protect what they’ve worked hard to build. Whether you’re reviewing contracts, forming your business, protecting your brand, or need ongoing legal support, I’m here to deliver clear, actionable guidance and solutions that fit your business.
Daliah S.
Daliah Saper operates a cutting-edge internet and social media law practice that regularly leads local and national media outlets to solicit her commentary on emerging internet law issues involving cyberbullying, sexting, catfishing, revenge porn, anonymous online defamation, domain name and user-name squatting, privacy, and the latest business decisions made by social media platforms such as Facebook, Twitter and YouTube. As a litigator Daliah represents companies bringing or defending business and intellectual property disputes. (She has argued cases in a number of jurisdictions including taking a case all the way to the Illinois Supreme Court.) As a transactional lawyer she helps clients choose the right business entity, drafts contracts and licensing agreements, advises on sweepstakes and contest rules, and ensures website terms of use and privacy policies are compliant, and provides comprehensive trademark and copyright counseling. Since founding Saper Law Offices in 2005, Daliah has been named a 40 Under 40 by Law Bulletin Publishing Co., a top Media & Advertising attorney by Super Lawyers Magazine 14 years in a row, and has been repeatedly recognized as a leading media and entertainment lawyer by Chambers and Partners. For the past eleven years, she also has taught entertainment and social media law at Loyola University Chicago School of Law.
"Excellent! I couldn't be more satisfied with their professionalism and prompt service."
Billy Joe M.
I graduated from the University of Illinois at Urbana-Champaign in 2006 with a degree in Political Science, Finance, and Economics. I stayed around Champaign for law school and graduated in 2009. I then worked at a big law firm in downtown Chicago. It was boring, so I quit in early 2011. I thought that I could not be happy practicing law - I was wrong. After I quit the traditional law firm life, I began representing my own clients. I realize now that I love helping normal people, small business owners, and non-profits address a variety of legal issues. I hope to hear from you.
"Billy Joe was great to work with on a demand letter related to a HOA dispute. He was understanding of my situation, thorough in communication, and worked with me through a complex situation. I'm not a lawyer and he was very personable, as well as responsive. Highly recommended!"
T. Phillip B.
Attorney creating plans and strategies to help individuals create, build, protect and pass on wealth.
"Very knowledgeable, helpful and responsive, does comprehensive work on short notice. I would recommend and work with again."
August 28, 2021
Gerald W.
My clients know me as more than just an attorney. First and foremost, my background is much broader than that. Prior to attending the Valparaiso University School of Law, I earned a Master of Business Administration and ran a small business as a certified public accountant. Thanks to this experience, I possess unique insight which in turn allows me to better assist my clients with a wide range of business and tax matters today. In total, I have over 20 years of experience in financial management, tax law, and business consulting, and I’m proud to say that I’m utilizing the knowledge I’ve gained to assist the community of Round Rock in a variety of ways. In my current practice, I provide counsel to small to medium-sized businesses, nonprofit organizations, and everyday individuals. Though my primary areas of practice are estate planning, elder law, business consulting, and tax planning, I pride myself on assisting my clients in a comprehensive manner. Whenever I take on a new client, I make an effort to get to know them on a personal level. This, of course, begins with listening. It is important that I fully understand their vision so I can help them successfully translate it into a concrete plan of action that meets their goals and expectations. I appreciate the individual attributes of each client and know firsthand that thoughtful, creative, and customized planning can maximize both financial security and personal happiness. During my time as a certified public accountant, I cultivated an invaluable skill set. After all, while my legal education has given me a deep understanding of tax law, I would not be the tax attorney I am today without my background in accounting. Due to my far-reaching experience, I am competent in unraveling even the most complex tax mysteries and disputes. My CPA training benefits my estate planning practice, too. In the process of drafting comprehensive wills and trusts, I carefully account for every asset and plan for any tax burdens that may arise, often facilitating a much smoother inheritance for the heirs of my clients. Prior to becoming certified as a CPA, I made sure to establish a solid foundation in business both in and out of the classroom, and the acumen I’ve attained has served me well. Not only am I better able to run my own practice than I otherwise would be; I am able to help other small business owners fulfill their dreams, as well.
Clara D.
October 8, 2021
Clara D.
Clara Duffield is a seasoned financial services, technology, privacy, business, intellectual property, and real estate lawyer, with in-house and large firm experience. She currently represents a range of clients, from start-ups to large, heavily-regulated companies, in a wide variety of transactional matters. After graduating from The University of Chicago Law School, Clara spent eight years in private practice representing clients in complex commercial real estate, merger and acquisition, branding, and other transactional matters. Clara then worked as in-house counsel to a large financial services company, handling intellectual property, vendor contracts, technology, privacy, cybersecurity, licensing, marketing, and otherwise supporting general operations. She opened her own practice in September of 2017. Duffield Law provides strategic and flexible representation to businesses of all sizes. Its clients include entrepreneurs and early-stage startups to Fortune 100 companies. From outside general counsel or volume work to discreet assignments, our small firm model allows us the flexibility to provide only the legal services a client needs, without sacrificing the quality all clients deserve. With a depth of in-house and large law firm experience, we work with clients to thoughtfully assess risk, identify and engage subject matter experts, and manage legal spend.
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Browse Lawyers NowLawyer Reviews for Illinois Employment Contract Projects
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"Tina provided collaborative and professional work that helped me understand my employment contract."
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"Super quick and responsive!"
Senior Employment Contract Review with IP Carve-Out
"Hired Daniel for an IP/employment review on an onboarding situation with prior-employer overlap. What started as a focused scope grew into a multi-document protective package — RTA, employment amendment, equity side letter, scope-confirmation disclaimer, and full memo. Quick turnaround on revisions, item-by-item responses to my review notes that made the back-and-forth efficient, and practical sequencing guidance on what to execute and in what order. NY-licensed since 1996 and it shows in the governing-law analysis and structural drafting choices. Would hire again."
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"Don't hesitate with Eric. He immediately made me feel at ease about ability to represent me and to tough contractual matter. His work is outstanding and his responsiveness put me at ease. As a physician and a client, I can certainly say that Eric is the one who gets the job done. Recommend highly"
Employment
Employment Contract
Colorado
Are employment contracts confidential?
I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.
Donya G.
Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon
Employee Rights
Employment Contract
New York
Can an employer change the terms of employee benefits without providing notice or obtaining consent?
I work for a small company that has recently made some changes to our employee benefits package without any prior notice or consultation with the employees. The changes include reducing the amount of paid time off, increasing the employee contribution for health insurance, and eliminating certain retirement benefits. I am concerned about the legality of these changes and whether the employer has the right to alter the terms of our benefits without providing any notice or obtaining our consent.
Damien B.
If you have an employment contract, the employer must adhere to the terms of that agreement. Similarly, if the company has an employee handbook, changes to benefits must align with the policies outlined therein. Courts may consider an employee handbook as a binding contract if it creates an expectation of certain benefits. If your benefits are guaranteed in a written contract or employee handbook and the employer did not follow proper procedures to make changes, you may have a claim for breach of contract. Employers are generally encouraged to provide clear communication and advance notice of benefit changes to maintain trust and compliance with legal and policy obligations. If you have any further questions, feel free to reach out.
Labor
Employment Contract
Georgia
I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.
Can I get more on my severance since I was let go after complaining about discrimination to my employer?
Donya G.
That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon
Estate Planning
Employment Contract
Florida
What's vacation time in an employment contract?
I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.
Diane D.
You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.
Employment
Employment Contract
New York
What should be included in my employment contract?
I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.
Donya G.
Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon
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