Can I require employees to sign non-compete agreements in Kansas? What are the requirements?

According to KSST 44-165, non-compete agreements are enforceable in Kansas, but there are certain requirements that must be met.

Requirements for Non-Compete Agreements in Kansas

• The agreement must be supported by consideration, such as a promise of employment or access to confidential information.
• The agreement must protect a legitimate business interest, such as trade secrets or customer relationships.
• The agreement must be reasonable in scope, duration, and geographic area.
• The agreement must not be against public policy.

Scope, Duration, and Geographic Area

The scope, duration, and geographic area of a non-compete agreement must be reasonable. What is considered reasonable depends on the specific circumstances of the case.

• Scope: The scope of the agreement should be limited to the specific type of work the employee performed for the employer.
• Duration: The duration of the agreement should be limited to the time necessary to protect the employer’s legitimate business interests.
• Geographic Area: The geographic area of the agreement should be limited to the area where the employer does business and where the employee had contact with customers or access to confidential information.

Conclusion

In summary, non-compete agreements are enforceable in Kansas if they are supported by consideration, protect a legitimate business interest, are reasonable in scope, duration, and geographic area, and are not against public policy. It is important to consult with an attorney to ensure that any non-compete agreement complies with Kansas law. [KSST 44-165]^[3.1]

Source(s):

• [3.1] Contractors; requirements.

Jurisdiction

Kansas

• Labor