Is It Legally Enforceable in Kansas?

Yes. Non-solicitation agreements are enforceable if they are reasonable and offered as part of a valid contract.

The agreement must:^[1]

Protect a valid business interest of the employer
Not create an undue burden on the employee
Not injure public welfare
Contain only reasonable restrictions on duration and geographical reach

Types of Solicitation to Prohibit

As long as the terms of the agreement are reasonable and fair to both parties, it can restrict the ex-employee from soliciting the employer’s:

Past or current clients
Past or current employees
Independent contractors
Other business associates

What to Include

What should you include in a non-solicitation agreement.

To hold up in a court of law in Kansas, a non-solicit covenant must include reasonable restrictions with regard to:

1. Time Restraint

The agreement should state how long the terms of the restrictive covenant are enforceable. It must be considered reasonable and fair to both the employee and the employer while balancing the interest of the public.

2. Geographical Restraint

This section determines the area or location where the ex-employee is prohibited from engaging in the prohibited activities. Typically, the geographical limit is based on the location or area where the employer is practicing its business.

3. Specific Action

This section specifies exactly what the ex-employee is restricted from doing. This can range from soliciting specific clients or barring them from contacting any parties associated with the employer for business purposes.