A Kansas non-compete agreement is a written contract in which a worker promises not to compete with a business, or solicit its customers or staff, for a set time. Kansas non-compete law, found in Kan. Stat. Ann. § 50-163, treats an agreement as lawful when it is a reasonable restraint of trade or commerce.[1] Read the rules below, then create a free non-compete agreement online.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Kansas law. If you notice an error or outdated information, please contact us.
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It is a contract between a business and a worker. Employers often ask a new hire to sign it before the first day of work. The worker agrees not to use confidential information or trade secrets to harm the business.
Here are common examples of what an employer wants to protect with a Kansas non-compete agreement:
Need a different form? See the non-compete template for employees, the non-compete template for independent contractors, or a confidentiality agreement.
Kansas has a statute for these covenants, Kan. Stat. Ann. § 50-163, part of the Kansas restraint of trade act. An agreement is not unlawful, void, prohibited or wrongful under the act if it is a reasonable restraint of trade or commerce.[1]
The act is construed in harmony with ruling judicial interpretations of federal antitrust law by the United States Supreme Court, except where the statute provides otherwise. In plain words, the act is read in line with the main U.S. Supreme Court decisions on federal antitrust law.[1]
Under Section 50-163, a restraint is reasonable if it is reasonable in view of all the facts and circumstances of the particular case and does not contravene public welfare, which means it must not work against the public good. The test is not limited to trade secrets and confidential information, and a court modifies an overbroad covenant that the statute does not presume enforceable, then enforces it only as modified.[1]
A Kansas non-solicitation agreement is a written covenant not to solicit a business's customers or staff. The statute sets time limits for four kinds. For employees the limit is two years after the employment ends. For owners it is four years after the owner's business relationship with the business entity ends.[1]
| Covenant in writing | Signed by | Time limit |
|---|---|---|
| Not to solicit the business's employees or owners | Employer and employee | Two years after the employment ends, or it protects confidential information, customer relationships or goodwill |
| Not to solicit or service the business's customers | Employer and employee | Two years after the employment ends |
| Not to solicit the business's employees or owners | Business entity and owner | Four years after the owner's business relationship ends |
| Not to solicit or service the business's customers | Business entity and owner | Four years after the owner's business relationship ends |
The law treats a covenant that meets these conditions as enforceable and not a restraint of trade.[1]
Each covenant must be in writing and between the right parties. A customer covenant must also be limited to material contact customers. The lists below show the conditions for employees and for owners.[1]
Each of these covenants is conclusively presumed to be enforceable once it meets its conditions.[1]
A material contact customer is any customer or prospective customer that is one of these:
A covenant that the statute does not presume enforceable can still be overbroad or not reasonably necessary to protect a business interest. In that case, the court must modify the covenant, enforce it as modified and grant only the relief reasonably necessary to protect that interest.[1]
A presumption is not the end of the case. An employee or owner may still assert any applicable defense available at law or in equity for the court's consideration in a dispute over a written covenant.[1]
Yes, when the restraint is reasonable. Under Kan. Stat. Ann. § 50-163, an agreement is not unlawful, void, prohibited or wrongful under the Kansas restraint of trade act if it is a reasonable restraint of trade or commerce.[1]
In Kansas they can, if the restraint is reasonable. A court must modify an overbroad covenant that the statute does not presume enforceable, then enforce it as modified.[1]
It depends on whether the restraint is reasonable. A written non-solicitation covenant that meets the statute's conditions is conclusively presumed enforceable.[1]
State law decides, and the standard differs from state to state. Kansas asks whether the agreement is a reasonable restraint of trade or commerce.[1]
In Kansas the test is whether the agreement is a reasonable restraint of trade or commerce. A written covenant that meets the statute's conditions is also conclusively presumed enforceable.[1]
General information, not legal or tax advice.
