Earlier quoted context omitted.
It seems to depend on the totality of the circumstances, in Illinois, so I'd imagine the nonvoluntary nature of the termination would be taken into account. But there doesn't seem to be a clear answer. If it ended up in litigation it could get messy; there isn't a terribly large amount of guidance from the courts.
Regardless of the possibility of litigation, the logic is very simple: 1) a non-compete indicates that the employee has some skillset or knowledge that the business does not want to lose to a competitor; 2) the involuntary release of that same employee indicates that (1) is no longer true, unless the released employee is fairly compensated for the non-compete period. I would feel pretty comfortable presenting this ar…
Now, you usually have to be a bigger fish to get a non-compete enforced, or you have to threaten business. Most places that have a contract with HP will still have a contract even after hiring an expert. Fortune 1000 companies have better lawyers that know how to craft jobs to avoid exactly these scenarios.