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FIRST RESPONDERS EXCEPTION TO NON-COMPETE: ILLINOIS CARVES OUT AN EXCEPTION FOR OTHERWISE ENFORCEABLE NON-COMPETE AGREEMENTS

Posted by Jonathan Nye | Jan 17, 2025

In Illinois, as of January 1, 2025, non-compete agreements for licensed mental health professionals are unenforceable when providing services to veterans and first responders. This change stems from an amendment to the Illinois Freedom to Work Act (820 ILCS 90/10), which states that such covenants are void if their enforcement would likely increase the cost or difficulty for veterans or first responders seeking mental health services.  

 

The term “First Responders” includes emergency medical services personnel, firefighters, and law enforcement officers. “Licensed mental health professional” refers to individuals licensed under various Illinois acts, such as the Clinical Psychologist Licensing Act and the Clinical Social Work and Social Work Practice Act.  

 

This legislative change was prompted by cases where mental health providers were restricted by non-compete clauses from offering services to first responders, thereby limiting access to essential mental health care. The new law aims to ensure that veterans and first responders can receive care from their chosen providers without such contractual limitations.  

 

Therefore, starting January 1, 2025, non-compete provisions in Illinois will not be enforceable against therapists providing mental health services to veterans and first responders.


About the Author

Jonathan Nye

Attorney/Managing Partner

Trusted for Over 45 Years.

Illinois Family Law and Mental Health and Human Services Lawyers

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200 Opatrny Drive
Fox River Grove, IL 60021

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