Non-Compete Agreements in Kansas

Under the Kansas Restraint of Trade Act, a restraint is lawful if it is reasonable in view of all the facts and circumstances and does not contravene public welfare. A written agreement in which an employee promises not to solicit the employer's 'material contact customers' is presumed enforceable if it lasts no more than two years after employment ends; an agreement not to recruit the employer's employees is presumed enforceable if it protects confidential or trade secret information or customer or supplier relationships, goodwill or loyalty, or lasts no more than two years after employment. If a covenant without that presumption is overbroad, the court must narrow it and enforce it as modified. Employees may still raise any legal or equitable defense.