Yes, a non-compete is legally enforceable if it is “reasonable under the circumstances and not adverse to the public welfare.”^[1] There are no state statutes governing non-competes in Kansas, but the courts have upheld such agreements in recent cases.

A non-compete is considered reasonable if it:^[2]

• Protects a legitimate business interest;
• Does not impose an undue burden on the employee;
• Does not injure the public; and
• Includes reasonable time and territory restrictions.

An attorney is strictly prohibited from entering into a non-compete or any agreement restricting their right to practice law.^[3]

A Kansas court may modify the terms of a non-compete to make it reasonable and enforceable under State law.The courts specifically stated the following:

“If an agreement is unreasonable in scope but otherwise enforceable, the court may alter its terms to shape a remedy which affords the plaintiff the contemplated protection.”^[4]