Legal Question in Employment Law in Kansas

Re: no compete

Non-competes are legal as long as they are reasonable in time, geography, and scope. I would need to know additional facts before I could give an opinion as to whether 18 months is too long. Thanks for your question. Please email me directlyl if you have additional information.

Best regards,

Todd D. Epp

[email protected]

Re: no compete

Non-competition agreements are valid in Kansas. I have worked on non-competes for both employees and employers in Kansas as a licensed attorney in Kansas. Kansas courts will enforce noncompetition clauses only if the non-compete is reasonable, which depends on: (1) how long the restriction lasts, (2) how large the geographic scope of the restriction is, (3) how many activities the former employee is prevented from participating in, and (4) whether the restriction places too much hardship on the former employee or the public. In determining the reasonableness of these factors the court also considers both the industry in which the employee works and the employee's job. On occasion, employers will have employees sign non-competes that they know are unenforceable under state law with the hope that the employee will not question the restriction. It is not illegal for the employer to do this; however, they could not enforce such an agreement in a court of law. In such situations, the employer uses the non-compete as simply a scare tactic, knowing that it is unenforceable. In order to know whether the particular non-compete you signed is enforceable, you should contact a licensed attorney in Kansas and have he/she review the agreement. If you would like assistance on this matter, do not hesitate to contact me at [email protected]. Good luck with your situation.

Re: no compete

Non competition agreements are legal in Kansas. They must be reasonable in terms of restraints with regard to geography, time, and subject matter. Should you need assistance you may contact me at [email protected]