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Kansas Non-Compete Agreement

Kansas enforces employee non-competes only if reasonable in time, area, and scope and tied to a legitimate business interest. Attorney review available.

Introduction

Kansas has no non-compete statute at all, so the enforceability of a non-compete, a worker's promise not to compete with a business for a set time and area after leaving, turns entirely on common-law reasonableness developed by its courts. Kansas permits employee non-competes, but it enforces them only when they are reasonable. There is no Kansas statute that voids non-competes or that governs them across the board; instead, enforceability turns on common-law reasonableness developed by the Kansas courts. Courts in Kansas generally enforce a covenant only if it is ancillary to a lawful contract, supported by valid consideration, and reasonable, which they judge with a four-part inquiry: whether it protects a legitimate business interest, whether it imposes an undue burden on the employee, whether it is injurious to the public welfare, and whether its duration and geographic scope are reasonable (Weber v. Tillman, 259 Kan. 457 (1996)). Preventing ordinary competition is not a protectable interest. Kansas sets no salary or income threshold; enforceability depends on the terms, not the paycheck. Kansas is a modification state: if a covenant is overbroad, a Kansas court may narrow the unreasonable terms and enforce what is reasonable rather than throwing the whole clause out, which is more employer-favorable than strict blue-pencil states. Physician non-competes are enforceable under the same reasonableness test. This page explains Kansas's rules and offers a template scoped to what Kansas courts are likely to enforce. It is a state-law overview, not a promise that any given clause will hold up.

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Key Things to Know

  1. 1

    A non-compete agreement is a contract in which one party, usually an employee, agrees not to compete with a business for a set time and area after the relationship ends. In Kansas an employee non-compete is enforceable only if it is reasonable.

  2. 2

    Kansas has no statute that voids non-competes or governs them generally. Enforceability turns on common-law reasonableness, and courts in Kansas ask whether the covenant is ancillary to a lawful contract, supported by valid consideration, and reasonable (Weber v. Tillman, 259 Kan. 457 (1996)).

  3. 3

    Kansas sets no salary or income threshold that makes a non-compete valid or invalid. Enforceability depends on the reasonableness of the terms, not on how much the employee earns, so do not rely on any other state's wage-floor figure.

  4. 4

    Courts in Kansas generally weigh four factors: whether the covenant protects a legitimate business interest (trade secrets, confidential information, or customer relationships and goodwill), whether it imposes an undue burden on the employee, whether it injures the public welfare, and whether its time and territory are reasonable. Ordinary competition is not a protectable interest.

  5. 5

    Kansas has no statutory advance-notice period before signing. On consideration, Kansas courts have generally treated an offer of employment, continued at-will employment, or a new benefit such as a raise or access to confidential information as enough to support a non-compete.

  6. 6

    Kansas is a modification (reformation) state: if a covenant is overbroad, a Kansas court may narrow the unreasonable terms, for example shortening an excessive time period or geographic area, and enforce it to a reasonable extent rather than voiding it entirely.

  7. 7

    Because even a valid non-compete is limited, Kansas employers also protect confidential information through a confidentiality or non-disclosure agreement and the Kansas Uniform Trade Secrets Act (K.S.A. 60-3320 et seq.), which guards trade secrets without restraining where a former employee may work.

Key decisions before you file

Before you file a Non-Compete Agreement in Kansas, a few decisions shape the document: which option to choose and what each one means. The Non-Compete Agreement guide walks through them.

Open the Non-Compete Agreement guide

Customize your Non-Compete Agreement Template with DocDraft

KANSAS COVENANT NOT TO COMPETE (Enforceable only if reasonable and tied to a legitimate business interest)

KANSAS NOTE: Kansas permits an employee non-compete only if it is ancillary to a lawful contract, supported by valid consideration, and reasonable: it must protect a legitimate business interest, not impose an undue burden on the employee, not injure the public welfare, and be reasonable in duration and geographic scope. Kansas is a modification state, so a court may narrow an overbroad term and enforce what is reasonable rather than voiding the whole clause; still, draft narrowly. Physician non-competes are enforceable under the same test.

  1. PARTIES. This Covenant Not to Compete is made on [DATE] between [EMPLOYER NAME] (Company) and [EMPLOYEE NAME] (Employee).

  2. CONSIDERATION. In exchange for [OFFER OF EMPLOYMENT / CONTINUED EMPLOYMENT / A NEW RAISE, BONUS, PROMOTION, OR ACCESS TO CONFIDENTIAL INFORMATION], the Employee agrees to the restrictions below. The parties intend this to be valid consideration supporting a covenant ancillary to the Employee's employment under Kansas law.

  3. LEGITIMATE INTEREST. The Company has a legitimate protectable interest in its [TRADE SECRETS / CONFIDENTIAL INFORMATION / ESTABLISHED CUSTOMER RELATIONSHIPS AND GOODWILL]. This covenant is limited to protecting that interest and does not restrict the Employee's use of general skills or knowledge, and it is not intended to prevent ordinary competition.

  4. RESTRICTED ACTIVITY. For [REASONABLE PERIOD, e.g. 12 MONTHS] after employment ends, the Employee will not [PERFORM THE SPECIFIC COMPETING WORK the Employee did for the Company] for a competing business. The parties should choose the shortest period that protects the Company's interest, because a Kansas court weighs duration against the burden on the Employee and the public.

  5. GEOGRAPHIC SCOPE. This restriction applies only within [SPECIFIC AREA where the Employee worked or the Company does business], which the parties agree is no larger than needed to protect the Company's interest. A statewide or nationwide area is unlikely to be reasonable in Kansas unless the Company's interest truly reaches that far.

  6. NON-SOLICITATION. For the same period, the Employee will not solicit the Company's customers or employees with whom the Employee worked or about whom the Employee gained confidential information.

  7. CONFIDENTIALITY AND TRADE SECRETS. The Employee will not use or disclose the Company's confidential information or trade secrets, consistent with the Kansas Uniform Trade Secrets Act (K.S.A. 60-3320 et seq.). This obligation is independent of the restrictions above and is not limited in time for trade secrets.

  8. REFORMATION AND GOVERNING LAW. This agreement is governed by Kansas law. If any restriction is unreasonable, the parties ask the court to modify it to the extent needed to make it reasonable and to enforce the remainder, consistent with Kansas's modification rule.

[EMPLOYER NAME] [EMPLOYEE NAME]

Signature and date Signature and date

Note: Kansas enforces an employee non-compete only if it is reasonable in duration, geography, and scope, protects a legitimate business interest, and does not unduly burden the employee or harm the public (Weber v. Tillman, 259 Kan. 457 (1996)). There is no wage threshold, and Kansas courts may modify an overbroad covenant rather than voiding it. Confirm your restriction is narrowly tailored, and consider a confidentiality agreement as a backstop. For the generic template and other states, see the full Non-Compete Agreement template hub.

Kansas Requirements for Non-Compete Agreement

Enforceable Only If Reasonable

In Kansas an employee non-compete is enforceable only if it is reasonable. There is no statute voiding non-competes or governing them generally; enforceability turns on common-law reasonableness. Courts in Kansas require the covenant to be ancillary to a lawful contract, supported by valid consideration, and no broader than necessary to protect a legitimate business interest (Weber v. Tillman, 259 Kan. 457 (1996)).

No Income Threshold

Kansas has no salary or income threshold that makes a non-compete valid or invalid. Unlike states that permit non-competes only above a wage floor, Kansas judges the restraint on its reasonableness, not the employee's pay (though a lower-wage worker may have a stronger undue-burden argument). Do not rely on any other state's salary figure when the worker is in Kansas.

Four-Factor Reasonableness Test

Courts in Kansas generally weigh four factors: whether the covenant protects a legitimate business interest (trade secrets, confidential information, or customer relationships and goodwill), whether it imposes an undue burden on the employee, whether it injures the public welfare, and whether its time and territory are reasonable. Preventing ordinary competition is not a protectable interest in Kansas.

Reasonable Duration and Area

Kansas sets no fixed maximum duration or mileage, but the time period and geographic area must be no greater than necessary to protect the employer's interest, weighed against the burden on the employee. Time limits of roughly six months to two years are more likely to be upheld in Kansas; an overbroad term risks being found unreasonable and narrowed by the court.

Kansas Modifies Overbroad Covenants

Kansas is a modification (reformation) state, not a strict blue-pencil state. If a covenant is overbroad, a Kansas court may narrow the unreasonable terms, for example shortening an excessive time period or geographic area, and enforce it to a reasonable extent rather than voiding it entirely. This is more employer-favorable than states that only strike severable words, but draft narrowly because the court decides what is reasonable.

Consideration and No Notice Rule

Kansas has no statutory advance-notice period before signing a non-compete. The covenant must be supported by valid consideration; Kansas courts have generally treated an offer of employment, continued at-will employment, or a new benefit such as a raise, promotion, or access to confidential information as sufficient. Give real consideration and document it.

Physician Non-Competes Enforceable

Physician non-competes are enforceable in Kansas under the same reasonableness test as other covenants, with courts weighing the practice's interest against injury to public access to health care (Idbeis v. Wichita Surgical Specialists, P.A., 279 Kan. 755 (2005)). A 2026 bill (SB 504) to ban most physician non-competes died in committee, so physician covenants in Kansas remain subject to case-by-case review.

Protect Trade Secrets Too

Because even a valid non-compete is limited, Kansas employers also protect confidential information with a confidentiality or non-disclosure agreement and the Kansas Uniform Trade Secrets Act (K.S.A. 60-3320 et seq.). This protects trade secrets and customer data without restraining where a former employee may work, and is available in Kansas regardless of whether a non-compete would be enforceable.

Frequently Asked Questions

Yes, but only within limits. Kansas has no statute voiding non-competes, so enforceability turns on common-law reasonableness. Courts in Kansas generally enforce a covenant only if it is ancillary to a lawful contract, supported by valid consideration, and reasonable, meaning it protects a legitimate business interest, does not impose an undue burden on the employee, is not injurious to the public welfare, and is reasonable in duration and geographic scope (Weber v. Tillman, 259 Kan. 457 (1996)). Preventing ordinary competition is not a protectable interest in Kansas.

Kansas sets no fixed maximum. A non-compete lasts only as long as is reasonable to protect the employer's legitimate interest, and courts in Kansas weigh the duration against the burden on the employee and any injury to the public. Time limits of roughly six months to two years are more likely to be upheld, depending on the role and industry, while a longer term may be found unreasonable. Because Kansas is a modification state, a court can shorten an overbroad term to a reasonable length rather than striking the whole clause.

Courts in Kansas generally apply a four-part test: whether the covenant protects a legitimate business interest, such as trade secrets, confidential information, or established customer relationships and goodwill; whether it imposes an undue burden on the employee's ability to earn a living; whether it is injurious to the public welfare; and whether its time period and geographic area are reasonable. A clause that simply prevents ordinary competition or bars a former worker from using general skills and knowledge is not reasonable in Kansas.

No. Unlike a number of states that only allow non-competes above a set income level, Kansas has no wage or salary threshold. Enforceability in Kansas depends on whether the restraint is reasonable and tied to a legitimate business interest, not on how much the employee is paid. That said, a lower-wage or lower-skilled worker may have a stronger argument that a non-compete imposes an undue burden, which is one of the factors a Kansas court weighs when deciding whether the covenant is reasonable.

Kansas is a modification, or reformation, state. If a covenant is overbroad, a Kansas court may narrow the unreasonable terms, for example reducing an excessive geographic area or shortening the time period, and enforce the covenant to a reasonable extent rather than voiding it entirely. This is more employer-favorable than strict blue-pencil states that only strike severable words. Even so, careful, narrow drafting matters in Kansas, because the court, not the employer, decides what is reasonable.

Yes. Physician non-competes are enforceable in Kansas under the same common-law reasonableness test as other covenants, and courts weigh the practice's legitimate interest against the burden on the physician and any injury to public access to health care (Idbeis v. Wichita Surgical Specialists, P.A., 279 Kan. 755 (2005)). A 2026 bill, Senate Bill 504, that would have banned most physician non-competes in Kansas died in committee, so physician covenants remain subject to case-by-case judicial review.

Kansas employers use a confidentiality or non-disclosure agreement and rely on the Kansas Uniform Trade Secrets Act (K.S.A. 60-3320 et seq.), which lets a business protect and sue over the misappropriation of trade secrets, meaning information that has independent economic value from not being generally known and is the subject of reasonable efforts to keep it secret. This approach protects confidential information and customer data without restraining where a former employee can work, so it is available in Kansas even where a broad non-compete would not be enforceable.

No. In 2024 the Federal Trade Commission issued a rule that would have banned most non-competes nationwide, but a federal court set it aside before it took effect, so it is not currently in force and its status has remained unsettled. Either way, Kansas's own common-law reasonableness rules continue to govern non-competes in Kansas, so the federal rule's fate does not change how a Kansas non-compete is judged today.