Kansas Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers
- Avg cost to draft a Non-Compete Agreement: $580.00
- Avg cost to review a Non-Compete Agreement: $350.00
- Lawyers available: 221 employment lawyers
- Clients helped: 268 recent noncompete agreement projects
- Avg lawyer rating: 5.0 (68 reviews)
Is a Non-Compete Agreement Enforceable in Kansas?
In Kansas, non-compete agreements are enforceable as long as the agreement is reasonable under the circumstances and does not negatively affect the public welfare. When determining if a non-compete is reasonable, Kansas courts will consider the following factors:
- Whether the non-compete protects a legitimate business interest
- If the contract imposes an undue burden on the employee
- Whether the terms of the agreement injure the public
- Whether there are reasonable time and territory restrictions
It is common for employers to require employees to sign non-compete agreements when the employee is in a high paying position, has managerial duties, or has access to confidential business information.
How Long Does a Kansas Non-Compete Agreement Last?
Kansas courts have determined that two years or less is a reasonable duration for a non-compete agreement. This means that any agreements that extend beyond two years could be ruled as unreasonable and unenforceable. The courts will base their determination on the individual facts of each case, but two years serves as a commonly followed guideline.
How Do You Get Around a Non-Compete Agreement in Kansas?
If an employee wants to get around a non-compete agreement, they will have to prove to the court that the agreement is unreasonable. This is done by showing that the contract violates one of the factors that courts use to determine reasonability.
If the employee successfully shows that the contract is overly broad, doesn’t protect a business interest like trade secrets, or causes the employee to face hardship, it may be deemed unenforceable.
What Voids a Non-Compete Agreement in Kansas?
Non-compete agreements cannot be signed under duress and cannot be obtained by fraud. If the employer threatened the employee to sign the agreement in anyway or lied to coerce the employee to sign the agreement, the non-compete agreement will be void.
Frequently Asked Questions
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Meet some of our Kansas Noncompete Agreement Lawyers
Mark P.
I represent a diverse mix in a vast array of specialties, including litigation, contracts, compliance, business and financial strategies, and emerging industries. Credit for this foundation of strength goes to those who taught me. Skilled professors and professionals fostered my powerful educational and professional background. Prior to law school, I earned dual Bachelor’s degrees in Business Administration & Accounting from Peru State College. I received a Master of Business Administration degree from Chadron State College. My ambitions did not stop there. While working full time as a Senior Accountant for the University of Missouri, Columbia, I achieved the lifelong goal of becoming a licensed Certified Public Accountant (CPA). Mizzo provided excellent opportunities and amazing experiences. Managing over $50M in government and private research funding was a gift. As a high ranking professional in the Department of Research, I was given priceless insight into the greatest scientific, journalistic, medical, and legal minds in the world. My passion for successful growth did not, and has not stopped. I graduated summa cum laude (top 3%) with a Doctorate in Law, emphasizing in urban, land use and environmental/toxic tort law from the University of Missouri, Kansas City. This success lead to invaluable experiences of serving as Hon. Brian C. Wimes' judicial clerk for the U.S. District Court for the W. D. of Missouri, as a staff editor/writer for UMKC Law Review, and as a litigation and transactional attorney with Lathrop GPM (fka Lathrop & Gage). My professional and personal network is expansive, with established relationships throughout the U.S. and overseas. Although I engage in legal practice all over the country, I maintain law licenses in Missouri, Kansas, and Nebraska. Federally, I hold licenses in the W.D. and E.D. of Missouri and the District of Nebraska. To offer extra value, efficiency, and options, I maintain a CPA license and am obtaining a real-estate brokerage license.
"I contacted Parachini Law after I had sent multiple unanswered information requests a third party. Mark not only send out a record request to the address specified, but also sent out additional requests at other possible business addresses to ensure the request was received. As a result, I finally received the information I was looking for. The firm was very professional to work with."
August 18, 2020
Braden P.
Braden Perry is a corporate governance, regulatory and government investigations attorney with Kennyhertz Perry, LLC. Mr. Perry has the unique tripartite experience of a white-collar criminal defense and government compliance, investigations, and litigation attorney at a national law firm; a senior enforcement attorney at a federal regulatory agency; and the Chief Compliance Officer/Chief Regulatory Attorney of a global financial institution. Mr. Perry has extensive experience advising clients in federal inquiries and investigations, particularly in enforcement matters involving technological issues. He couples his technical knowledge and experience defending clients in front of federal agencies with a broad-based understanding of compliance from an institutional and regulatory perspective.
John C.
Licensed to practice law in the states of Missouri and Kansas. Have been licensed to practice law for 44 years. Have been AV rated by Martindale Hubbel for almost 30 years.
August 2, 2023
Scott M.
Skilled/versatile attorney (and RE broker) with 10+ years' experience and diverse background in real estate, business law, injury litigation, estate planning. Select Experience: • Former General Counsel (and current Of Counsel) for a prominent real estate developer touching on all aspects of business in a hands-on and advisory role, including Lease and PSA contract negotiations; • Years of successful injury litigation practice as associate and solo (primarily plaintiff, some defense) with multiple six-figure settlements; • Years of expertise in business law for a variety of industries as well as estate planning for small to mid-size entities.
July 11, 2023
Kennedy W.
Graduated from Washburn University School of Law with certificates in Tax Law and Business Transactions. Served as a specialized tax advisor and business consultant to clients across the nation over the last 8 years. I have practiced law since 2019, specializing in entity formations, contract drafting, contract review, contract disputes, business transactions, demand letters, legal research, and general business consulting.
July 26, 2023
Michael S.
Born and raised in St. Louis, MO. Bachelors Degree from the University of Iowa. Masters Degree from the University of Melbourne. J.D. from the University of Kansas. Licensed to practice law in Missouri and Kansas. Tennessee currently pending.
October 30, 2023
Matthew F.
Matthew grew up in Leawood, Kansas. He graduated from the University of Kansas with a Bachelor of Arts degree in Political Science and Communications in 2016 and from the University of Kansas School of Law in 2019 where he received a Business and Commercial Law Certificate. During his time as an undergraduate, he worked at a consulting firm focused on political campaigns and corporate public relations. In May of 2020, he will receive an MBA with a focus on finance from the University of Kansas Business School. Matthew is interested in several practice areas including business and commercial law, arbitration, and civil litigation. In his free time, Matthew enjoys playing basketball, using his virtual reality headset and listening to audiobooks.
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Browse Lawyers NowLawyer Reviews for Kansas Noncompete Agreement Projects
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"This is the type of attorney you want in your corner - 10 out of 10."
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"Robert was very helpful and responsive. I had my questions answered and had suggestions on how to make the agreement more fair. I would definitely work with Robert again."
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"Faryal, delivered guidance I needed with good communication."
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"Excellent work and great communication. Thanks Ivan!"
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"Ryenne provides excellent service and highly recommended"
Employment
Noncompete Agreement
Missouri
Could someone go to jail if they are accused of fraud for never intending to not breaching his or her non compete non solicit contract?
I am really curious when employment contract can become criminal. Is it criminal to ask you coworker to come work with you, considering if you are accused of fraud for breaching non compete non solicit?
Matthew S.
No, this at worst is a civil matter and not a criminal matter. F
Employee Rights
Noncompete Agreement
California
i work for a employer from illinois ,however i am in california. My contract has non compete clause. will that be enforceable
My employer has placed me in a position thru another vendor. My employer contract with that vendor is ending. So vendor contacted me. However I am in contract with my employer for 1 year contract.
Christopher M.
Short answer: Probably no, non-compete and non-solicitation clauses are not usually enforceable on an employee in California. Long Answer: Regardless of the choice of law provision in your contract, if an enforcement action is brought against you in California, the California courts will dismiss it as it goes against the "public policy of the state" unless your employer can make a really compelling case. Most states respect the stated public policy of other states when deciding matters against their citizens, so even if the case was brought in another states courts your soon to be former employer would probably be powerless to get a judgement enforcing your non-compete.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and promotions?
I recently accepted a promotion within my company and was asked to sign a noncompete agreement. I am concerned that if I accept the promotion and then leave the company, that I will not be able to take a similar position with another company. I am also worried that if I don't accept the promotion, I may be at risk of being terminated. I need to know what my rights are and what the implications are of signing the noncompete agreement.
Thomas L.
It depends on the terms of the non-compete and the size of your employer. Without seeing the agreement and knowing the size of your employer, I can't offer more advice.
Employment
Noncompete Agreement
New York
Noncompete agreement breach consequences?
I recently left my job as an employee at a company that I had worked for for over a year. I was asked to sign a noncompete agreement when I began the job, which I did. I have since started a new job in the same industry as my former employer, which is in violation of the noncompete agreement. I am now wondering what the consequences of this breach of contract may be and am seeking legal advice.
Gregory F.
I would be happy to schedule a paid telephone consultation with you to review the non-compete agreement, advise you on its scope and enforceability, and answer your questions. Please contact me via email at greg@fidlonlegal.com to discuss.
Employment
Noncompete Agreement
Washington
Noncompete agreement termination options?
I recently left my job after signing a Noncompete Agreement. I am looking for a new job, but I am concerned about the restrictions in the Noncompete Agreement and how it might affect my ability to find a new job. I am looking for advice on my options for terminating or modifying the Noncompete Agreement so that I can find a new job without having to worry about any potential legal repercussions.
Merry K.
I am a WA State employment attorney. If you didn’t receive anything in return for signing the non-compete, it may be relatively easy to get out of it. If, however, you signed in return for something, such as a severance package, it will be challenging to get out of the agreement. However, many non-compete agreements are written overly broadly and may not be enforceable under the laws of WA and other states. You may want to consult with a WA State employment attorney for a review of the documents and law(s) of the state(s) where you may want to work or set up a business. (A WA State attorney can only provide legal advice in WA, but can help you find applicable law/case decisions for other states but without providing anything beyond information, much like a law librarian).
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