Updated February 29, 2024
A Kansas non-compete agreement is a contract that prohibits a person from working as a competitor in a specific business industry. It is common for employers to require such an agreement at the time of hiring so that any education provided is not used against them in the future. A non-compete must mention a reasonable timeframe and specific territory restrictions.
There are no State statutes governing non-competes in Kansas. Although, the courts have upheld such agreements in recent cases.
Laws
Legally Enforceable?
Yes, a non-compete is legally enforceable if it is “reasonable under the circumstances and not adverse to the public welfare.”[1]
What is Reasonable?
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.
Attorneys (prohibited)
An attorney is strictly prohibited from entering into a non-compete or any agreement restricting their right to practice law.[3]
Continued Employment
If an employer should request a non-compete is signed after employment begins, continued employment is determined to be sufficient consideration.[4]
Maximum Term
2 years has been deemed to be a reasonable timeframe for a non-compete.[1]
Blue Penciling
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]