This Law Firm Publication by Epstein Becker & Green, P.C. discusses how subsequent courts have responded to the 2013 Illinois Appellate Court decision in Fifield v. Premier Dealer Services, Inc. In Fifield, the appellate court held that at-will employment must continue for at least two years before it qualifies as consideration for an employer’s enforcement of a non-compete agreement (absent other consideration provided). So far, the United States District Court for the Northern District of Illinois refused to follow Fifield's bright line two-year minimum in its recent decisions in Bankers Life and Casualty Co. v. Miller and Montel Aetnastak, Inc. v. Miessen. However, in Instant Technology, LLC v. Defazio, the district court aligned with the Fifield decision, finding unenforceable non-competes against employees who received consideration only in the form of 10, 19 and 21 months of employment.