Kentucky Noncompete Agreement: What's Included and Enforceability

Quick Facts — Noncompete Agreement Lawyers

Is a Non-Compete Agreement Enforceable in Kentucky?

Yes. Non-compete agreements are enforceable in Kentucky as long as the contract meets certain requirements established by Kentucky courts and state statutes. All non-compete agreements must be reasonable to be enforceable.

According to the Kentucky Supreme Court, a non-compete agreement is reasonable when the terms of the contract are only as restrictive as necessary to provide fair protection to employers. In addition, a reasonable non-compete will not interfere with public interest or impose undue hardship on the employee.

How Long Does a Kentucky Non-Compete Agreement Last?

The maximum length of a non-compete agreement in Kentucky is not set by state statute but by past court rulings. Historically, courts have enforced non-compete agreements that last up to five years.

Longer non-compete durations can be considered but depending on the facts of the case or the type of work, the courts could strike down a non-compete with too long of a duration for being unreasonable.

How Do You Get Around a Non-Compete Agreement in Kentucky?

To get around a non-compete agreement in Kentucky, an employee will have to prove one of the following to the court:

  1. The non-compete agreement is unreasonable in duration.
  2. The terms violate public policy.
  3. The enforcement of the contract restricts the employee from earning a living.
  4. The agreement is unreasonable regarding geographic area.

Unlike other states which limit the geographic area that non-compete agreements can cover, Kentucky allows a wide-ranging geographic area for these contracts.

What Voids a Non-Compete Agreement in Kentucky?

A non-compete agreement in Kentucky will be void if there is not adequate consideration. In most states, continued employment is enough to meet the requirement for consideration for a non-compete. In Kentucky, the courts require additional consideration like:

  • Monetary payment
  • Promotion
  • Additional benefits

Without this additional consideration, a non-compete in Kentucky will be void.

Frequently Asked Questions

How do I hire a lawyer to draft a noncompete agreement in Kentucky?

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Garrett M. on ContractsCounsel
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4.9 (10)
Member Since:
June 15, 2023

Garrett M.

Business Attorney
Free Consultation
Cincinnati, Ohio
6 Yrs Experience
Licensed in KY OH
University of Cincinnati College of Law

Attorney Garrett Mayleben's practice is focused on representing small businesses and the working people that make them profitable. He represents companies in structuring and negotiating merger, acquisition, and real estate transactions; guides emerging companies through the startup phase; and consults with business owners on corporate governance matters. Garrett also practices in employment law, copyright and trademark law, and civil litigation. Though industry agnostic, Garrett has particular experience representing medical, dental, veterinary, and chiropractic practices in various business transactions, transitions, and the structuring of related management service organizations (MSOs).

Recent  ContractsCounsel Client  Review:
4.7

"Though I found a few small mistakes that made me think he rushed a bit, he revised the agreement to be more in my favor. His expertise was well worth it."

Elisher W. on ContractsCounsel
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3.8 (3)
Member Since:
May 6, 2025

Elisher W.

Attorney
Free Consultation
Newport, Kentucky
5 Yrs Experience
Licensed in KY OH
Northern Kentucky University, Salmon P. Chase College of Law

Attorney licensed in Kentucky and Ohio with four years experience in real estate transactional law (commercial and residential), litigation, construction law, and IP licensing. I have substantial experience in drafting and reviewing contracts as complex as billion dollar mining financing down to simple settlement agreements.

Dillon N. on ContractsCounsel
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July 13, 2020

Dillon N.

Attorney
Free Consultation
Chicago, IL
11 Yrs Experience
Licensed in KY IL
University of Kentucky College of Law

My practice has involved a wide range of legal matters from commercial real estate, finance and international business transactions to litigation matters including commercial disputes, real estate, employment, and medical malpractice. Proficient in Spanish, I graduated from the University of Kentucky College of Law, the Patterson School of Diplomacy and International Commerce, and the University of Southern California. Prior to my legal career, I sought diverse professional experiences. After graduating from college, I orchestrated my own volunteering experience in southern Peru with a small non-profit organization. Later I gained valuable professional experience as part of a U.S. Senate campaign, and after that I joined the public policy team at Greater Louisville, Inc., Louisville's Chamber of Commerce affiliate. Prior to law school, I embarked on a month long excursion with the Northern Outdoor Leadership School in Alaska, which gave me a new found appreciation for sustainability.

Nichole C. on ContractsCounsel
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Nichole C.

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Kentucky
20 Yrs Experience
Licensed in KY
University of Louisville, Brandeis School of Law

Licensed attorney in KY and Federally JD, 2006 University of Louisville MBA, 2006 University of Louisville BS, 2001 Berea College Licensed Title Agent Arbitrator and Certified Mediator Business Consultant Adjunct Professor, Law and Business

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Alexander C.

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Tampa, Florida
6 Yrs Experience
Licensed in KY CT, MD, NE, UT
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I am a solo practitioner that runs my own legal practice. I am currently licensed in 16 states and I'm working to expand that reach.

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Lawyer Reviews for Kentucky Noncompete Agreement Projects

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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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Anjali S. on ContractsCounsel
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Anjali S.

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CA, NY, and FL licensed attorney with over a decade of experience in data privacy, commercial contracts, and intellectual property. I also have both the CIPP/US and CIPP/E privacy credentials. Basically, everything your business needs!

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David C. on ContractsCounsel
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David C.

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David H. Charlip, the principal of Charlip Law Group, LC, is one of only 101 Board Certified Civil Trial Lawyers in Miami-Dade, with over 40 years of litigation experience. Mr. Charlip is also one of only 136 Florida Civil Law Notaries. He is also a Florida Supreme Court Certified Circuit Civil Mediator and a Florida Supreme Court Approved Arbitrator. He has managed and litigated cases across the country. Mr. Charlip has advised businesses, drafted business formation and purchase and sale documents and litigated business disputes for over 40 years and is very familiar with all aspects of contractual relations.

Employment

Noncompete Agreement

Delaware

Asked on Dec 12, 2023

Employee contract, such as non compete/non solicit, could having this contract ever result in criminal/jail time?

If someone accuses you of fraud, because they believe you never had intended to honor your employment contract such as non-compete/non-solicit. Could this ever become a criminal case, resulting in criminal/jail time?

Matthew S.

Answered Dec 16, 2023

No, at worst, it is a breach of a contract which is a civil matter to be handled in civil court.

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Contracts

Noncompete Agreement

Florida

Asked on May 19, 2023

Noncompete agreement choice of law?

I recently accepted a job offer with a new employer and they sent me a Noncompete Agreement to sign. I have some questions about the agreement, specifically related to the choice of law. My former employer and I are in different states, and I want to make sure I understand the implications of the agreement before signing.

Venus C.

Answered May 23, 2023

Congratulations on your new job. Generally, a choice of law clause contained in a non-compete agreement indicates which state law will govern the contract. By way of general example, let's pretend we have a non-compete agreement that states the choice of law is Florida. Let's also pretend the parties to this agreement had a dispute and one party filed a lawsuit against the other in the state of New York. In this pretend scenario, because the parties agreed Florida to be their choice of law for the non-compete agreement, the court in New York would abide by that contractual agreement and apply Florida law. While choice of law clauses are commonly used to indicate what law will apply to a contract, the language used or omitted plays a significant role in their interpretation and enforceability.

Read 1 attorney answer>

Employment

Noncompete Agreement

New Jersey

Asked on Apr 15, 2021

Can I work for a competitor with my current noncompete?

I have ended my non competent consulting agreement with my current employee and I have an offer to work as an employer “not as consultant” with a competitor company to my privious employees so can I work as an employee without any problem? The consultant agreement says the following: Under any circumstances the consultant shall not engage directly or indirectly either as a principal agent , consultant,stock holder , partner or in any other capacity whatsoever have any other relationship with any business which compete with the company in USA.

Jane C.

Answered Apr 16, 2021

I suggest that you have an attorney review the entire agreement. It is hard to comment reading a paragraph taken out of context. From the limited facts you present, it seems that you cannot accept this job offer without violating the terms of the non-compete. Disclaimer - This information is provided for general informational purposes only. No information contained in this post should be construed as legal advice and does not establish an attorney-client relationship.

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Asked on Jul 12, 2023

Noncompete agreement and business partners?

I am a business owner who has recently acquired a new partner. We are in the process of drafting a Noncompete Agreement to ensure that neither of us will compete against each other in the same market. We are looking for advice on what should be included in the agreement and how it should be enforced.

Daniel D.

Answered Aug 4, 2023

The one thing to make sure with noncompete agreements is that it is reasonable in terms of duration and the area you cannot compete in. Courts use a reasonableness test to determine whether a noncompete agreement is valid. If provisions are deemed to be unreasonable and fail the test, they could be altered or struck out of the agreement.

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Noncompete Agreement

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Asked on Jul 6, 2023

How to draft a noncompete agreement?

I am a business owner who is looking to hire a new employee and I want to ensure that my business does not suffer from any competition that the employee might bring in the future. I need to know how to draft a noncompete agreement so that I can protect my business from any potential risks.

Daniel D.

Answered Jul 21, 2023

Some things that would be relevant to know are: what industry are you in? What specific competition are you worried about? Are you going to include non-disclosure provisions, no-solicitation provisions or non-circumvention provisions? What risks are you specifically worried about?

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