Wisconsin Noncompete Agreement: What's Included and Enforceability
Quick Facts — Noncompete Agreement Lawyers (Wisconsin)
- Avg cost to review a Non-Compete Agreement: $260.00
- Lawyers available: 29 Wisconsin employment lawyers
- Clients helped: 15 recent noncompete agreement projects in Wisconsin
- Avg lawyer rating: 5.0 (4 reviews)
Is a Non-Compete Agreement Enforceable in Wisconsin?
Yes. In Wisconsin, non-compete agreements are enforceable if the contract can pass the “5-Point Test” which was established by the Supreme Court of Wisconsin to regulate non-compete agreements.
The “5-Point Test” is comprised of five questions and in order for a non-compete to be enforceable, the employer must be able to answer “yes” to each question.
- Is there a need to restrict the employee for the protection of the business?
- Is the duration of the non-compete agreement reasonable?
- Is the restricted geographic area reasonable?
- Are the restrictions against the reasonable and not harsh or oppressive?
- Do the terms protect public interest?
As long as these questions are adhered to, an employer’s non-compete agreements should be enforceable in Wisconsin.
How Long Does a Wisconsin Non-Compete Agreement Last?
Wisconsin courts have determined that a term of two years is reasonable for a non-compete agreement when the geographic boundary is limited to one county. In most cases, the longer the duration of a non-compete agreement, the smaller the geographic boundary must be to keep the contract reasonable.
How Do You Get Around a Non-Compete Agreement in Wisconsin?
To get around a non-compete agreement in Wisconsin, an employee must show the court that the agreement fails the 5-Point Test and should be deemed unenforceable.
Other ways an employee may be able to get around a non-compete agreement include:
- Find work outside the geographic boundary
- Work in a different capacity or performing different tasks that are not covered by the non-compete agreement
- Attempt to renegotiate the agreement with the employer
What Voids a Wisconsin Non-Compete Agreement?
A non-compete agreement in Wisconsin must be supported by consideration to be a valid contract. The courts have ruled that continued employment does not qualify as adequate consideration and there needs to be additional incentives like a raise in pay or promotion to support signing a non-compete. Without additional consideration, a non-compete will be void.
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Meet some of our Wisconsin Noncompete Agreement Lawyers
Robert A.
Robert A.
Robert McMillan Arthur is a collaborative attorney and mediator practicing across Wisconsin, with offices in the Metro Milwaukee area and Northeastern Wisconsin. He is a general practitioner, concentrating in Small Business Law, Entertainment Law, Intellectual Property Law, Nonprofit Law, Divorce and Family Law. Robert’s business law practice focuses on the needs of small, closely-held businesses and startups. As a veteran of a family owned business, Robert applies his extensive experience to advise his clients in a broad spectrum of legal issues, including contracts, licensing, trademark, copyright, employment, and business formation. With multidisciplinary qualifications and experiences, Robert chose his career in law to help people caught up in difficult situations in their personal or professional lives. His core principle of law practice is based on empowering and informing clients, advocating for their interests when appropriate, and guiding them in difficult problem solving.
"Robert responded promptly and was able to accommodate my request right away so I could move on to work deadlines. During our interactions, he was extremely informative and easy to work with. Some attorneys are intimidating, but Robert made me feel at ease."
Stephen H.
In practice for over 15 years. I am passionate about results and the bottom line. Let me help your business or project today.
"Stephen's review was fast and very detailed. His approach made it clear to me on the pros and cons of the agreement sent from my employer. The red line version of the contract was great and made it very easy to work with my employer on making changes to the agreement"
Thomas D.
I graduated from the University of Wisconsin Law School. Upon graduation, I went to McDermott, Will & Emery in Chicago and practiced corporate, real estate and tax law. I then joined Godfrey & Kahn where I became a shareholder in the real estate group, head of real estate lending and continued to practice corporate law. At these firms, I received excellent training and represented some of the largest and most innovative clients in the US. After practicing law for 15 years, I founded a real estate development company. I built a multi-million dollar company and developed many significant projects. I sold the company and was recruited for senior positions by two other real estate companies. I continued to hone my legal skills at these companies by negotiating and drafting countless documents for my businesses. The combination of my legal and business experience helps me foster the growth of clients' businesses, solve their problems and guide them through difficult matters.
"Thomas was helpful and efficient in reviewing the master services agreement for me"
Sarah B.
Experienced U.S.-licensed attorney with 10+ years of practice across commercial transactions, regulatory compliance, and contract drafting, currently in a part-time in-house counsel role and actively available for independent legal engagements on a project or contract basis. Proven ability to deliver efficient, high-quality legal work in flexible arrangements, including prior contract engagements with Am Law 100-affiliated firms. Adept at working autonomously, meeting tight turnarounds, and providing practical, business-focused legal counsel across a wide range of transactional matters.
"I was dealing with a legal matter that Sarah helped me walk through very cleanly. I was impressed not only by her responsiveness but also by her professionalism. She made the entire process extremely easy and useful. I ended up with a good case where I stood on our grounds, and because of that, we got a reduced amount in the refund that was requested from the client."
Amy F.
As a lawyer of 27 years, I have a great deal of experience handling many different types of legal projects. Starting with a simple estate plan or the purchase of a personal residence, and moving all the way to complex estate plans and real estate transactions. I regularly advise small business owners and real estate investors.
October 1, 2023
Brittany B.
I am a tax attorney with years of experience as in house counsel at an accounting firm. I have also done tax litigation and audit representation. I work with for profits and non profits.
March 20, 2025
Samantha O.
After a successful career in property management and commerical lending, I became a transactional Corporate and Real Estate attorney at an AM 200 law firm, drafting and negotiating purchase agreements and closing documents, interpreting laws, rulings, and regulations for real estate and corporate transactions, conducting due diligence, as well as rendering advice on real estate financing, development, management, leasing, zoning, and land use. I also served as in-house counsel for a multi-million dollar real estate data company, where I advised executive leadership on contracts, corporate governance, compliance, and risk management, giving me a strong understanding of both the legal and business aspects of a variety of industries.
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Browse Lawyers NowLawyer Reviews for Wisconsin Noncompete Agreement Projects
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"Lori was very responsive and delivered what I needed well before the projected end date. She was open to feedback and iterating her responses for my situation all within the budget that was agreed upon. Would recommend!"
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"Valerie was professional, quick, and precise. Will reach out to her for any future matters. Thank you."
Reply From Valerie I.
It was a pleasure serving you! Looking forward to helping you in the future.
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Employee Rights
Noncompete Agreement
Florida
Noncompete agreement geographic scope?
I recently left my job of five years and have been offered a new position with a competitor. The new employer has asked me to sign a noncompete agreement. I am concerned about the geographic scope of the agreement and need to understand what areas it would cover, and if it would prevent me from taking a position with a competitor in another state or country.
Daniel D.
The Courts use a reasonableness standard determine if a non-compete is reasonable in time and geographic scope. It would be necessary to see the non-compete to tell you what it says, the areas it would cover and if it would prevent you from taking another position.
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).
Employer
Noncompete Agreement
Connecticut
Can a noncompete agreement be waived?
I am a small business owner in the retail industry and I am looking to hire a new employee. The employee has a noncompete agreement with their previous employer that I am concerned about. I want to know if it's possible for the agreement to be waived so that I can be sure I'm making the right decision in hiring this employee.
Thomas L.
Yes, the parties to contracts can always agree to amendments and waivers. However, the former employer may have no interest in waiving the contract in this particular situation.
Business Contracts
Noncompete Agreement
Florida
Noncompete agreement for consultants?
I am a consultant who is looking to take on a new client, but the client requires me to sign a Noncompete Agreement. I want to make sure that I am not signing away my rights, and that the agreement is fair and reasonable. I am also interested in understanding how this agreement would affect my ability to work with other clients.
Venus C.
Hello. I appreciate your concerns about signing a Noncompete Agreement. It's essential to protect your rights and ensure the agreement is fair and reasonable given that a noncompete typically restricts competing activities during or after the term of engagement. Without knowing more about the business relationship and reviewing the actual terms, whether the non-compete is fair, reasonable, or even enforceable remains an open-ended question. Bearing this in mind, if the noncompete is preventing you from taking on other clients during or after the end of your relationship (or both), the scope of this restriction must be reasonable in terms of time, geographic area, and the specific activities it seeks to prevent. For example, does the noncompete specify the types of clients, industries, or geographic areas that are off-limits? What is the duration of the noncompete? If the client breaches your main agreement, will that render your noncompete void and unenforceable? These are just a few general questions that require a thorough review and analysis against Florida non-compete laws. Overall, the ultimate goal is to carefully review the terms to understand how they might impact your ability to take on new clients. If you don’t understand or are unsure about the contractual terms and their legal implications, it's highly recommended you consult with an attorney who can review the noncompete and provide you with personalized legal advice before you sign.
Employment
Noncompete Agreement
Connecticut
Noncompete agreement and change of control?
I recently accepted a new position with a company that has requested that I sign a noncompete agreement. I understand the agreement and the limitations it puts on me, but I am concerned about how the agreement would be affected if the company is sold or changes ownership in the future. I would like to understand my legal rights in the event of a change of control.
Thomas L.
If the future company buys the equity of your current employer, the Non-Compete continues in effect. If the future company buys the assets, the Non-Compete is terminated. I would request a sentence be added to the effect that "if there is a change of control of the Company (meaning more than 50% of the equity interest or 50% of the voting equity control) is sold or transferred, then this Non-Compete Agreement is terminated.
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